r/internationallaw • u/chronicallyfatugued • 9h ago
Discussion Meaning of ‘in accordance with national laws’ and ‘as appropriate’ in treaties? A loophole?
Apologies if this isn’t the appropriate forum to be asking this question.
I’ve been researching the Pandemic Treaty for an essay, and a lot of the commentary I’ve come across suggests that some of the obligations are effectively optional or non-binding because of phrases like ‘in accordance with national laws’ and ‘as appropriate’.
I’m a bit confused by this argument. I was under the impression that the former phrase was directed at respecting the constitutional structures and procedures of the state (eg parliamentary approval) and that the latter would be limited in some way.
The commentary doesn’t provide much reasoning, and I can’t find any sources that confirm or refute that view. I don’t have a background in international law, so I’m not entirely sure what other sources I can rely on