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An Analysis Of The Withdrawal Mechanism Of International Treaties

Posted on:2021-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2436330623467204Subject:legal
Abstract/Summary:PDF Full Text Request
When it comes to coordination,international treaty law is without doubt ensured to play an significant role in the whole international law system.In principle,treaties must be abided by.However,the international situation is changing.When the purpose of concluding a treaty cannot be realized due to objective or subjective reasons,the Contracting States will inevitably choose to withdraw to get their profits and advancements safeguarded and persisted.During the last decade,especially take United State as an example,this country with its misplaced arrogance waves the flag of unilateralism and the idea of America First,has announced a series of withdrawal actions in a high-profile manner,which has impacted the stability of the international treaty system.In the recent time,the overall system where the international treaty withdrawal is becoming more and more crucial exercises the right of treaty withdrawal which is also widely concerned by international jurists.The study of the international treaty withdrawal mechanism is of great significance for our country to be confident in coping with the changes of the international situation.This essay has the following four sections: the first section explains the legal base of withdrawing from international treaties,including its definition,characteristics,legal sources,classification and restrictions,in order to clearly confirm the justice of the right when withdrawing from international organizations or treaties;the second part analyzes and combs the procedural conditions and substantive conditions that demand of being met for the right which is whether it's allowed to withdraw from international organizations or treaties,as to implement that the behavior of the right which is to withdraw from treaties must be related.Following the third section,by singling out the most influential and notorious practice of international treaty withdrawal in the past few decades-the United States always tries to exit the Paris Agreement,discusses and analyzes the domestic and international legal problems and specific conditions faced by the United States,pointing out that the United States is seriously planning to take withdrawal from the Paris Agreement in 2019.In the last part of the article,the author takes how to face the wave of withdrawing from international treaties in a better way,discusses the shortcomings of the current domestic law on the provisions of international treaty withdrawal,and puts forward his own suggestions for China to face the potential situation of international treaty withdrawal more calmly in the future.
Keywords/Search Tags:International treaty, Withdrawal, Vienna Convention on the law of treaties, United States, Paris Agreement
PDF Full Text Request
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