Dr. Oluwateniola Akinbodewa, one of the brightest minds in the field of international law is advancing innovative approaches to combat the widespread issue of non-compliance with international treaties.
Her research provides novel concepts, among which is a “test”, the assessment value of which would give subjects of international law an impetus to participate in international treaties.
Though this recommendation presents both opportunities and challenges for international law, Dr. Oluwateniola asserts that the problem of non-performance of treaties be treated from the root. The focus should not only be on the sovereign rights of states to be a party to an international treaty, but more so on said parties’ “ability” to actually perform the treaty.
The study highlights the need for a Treaty Performance Ability (TPA) assessment to mitigate the ever increasing problem of treaty abandonment due to various factors which she elaborates in her most recently published work.
High standards of compliance and lack of capacity to meet compliance standards, clash of values, among others, are some of the roadblocks that present themselves in the face of treaty performance.
“There’s a need for us to be more realistic with out expectations and outcomes when we come to the treaty table”, she mentioned.
Dr. Oluwateniola’s research explores the feasibility of that step, which should come early in the process, reducing the challenge of lack of capacity, which later affects the observance of treaty provisions.
According to article 18 of the Vienna Convention of the Law of Treaties, a State’s primary obligation is to refrain from acts that defeat the object and purpose of the treaty.
While this might appear straightforward, it forms a fundamental basis for the international responsibility of states, as it requires all parties to a treaty to act in accordance with the treaties’ intended commitments.
However, the implementation of a TPA faces several challenges including, cost, time (elongation of treaty making process), as well as uniformity of the process, among others. Dr. Oluwateniola does not fail to offer forward thinking considerations for these challenges.
An attempt could be made to create a standardized and time bound assessment framework. Some treaty regimes already include verification procedures.
The difference here is that this assessment will occur at the initial stage, integrated into the treaty timeline. Such standardized and time-bound framework could solve the concerns that pertain to cost, time and uniformity of assessment.
Furthermore, Dr. Oluwateniola believes that if national institutions lead the assessments with international support only upon request we may be able to curb external influences in the process. Institutionalizing the process within our domestic systems will ensure more transparency and uniformity of the process.
Dr. Oluwateniola’s research sheds light in how state responsibility may be used as a tool for instilling a positive action towards treaty performance and helps to prevent the imbalance of treaty relationships, which later lead to termination of treaties.