On Unilateral Withdrawal Of International Treaties

International treaty law is an important aspect of international law.However,due to the lagging nature of statutory law,there is no treaty that can satisfy the standards of all periods and perpetuate.Although the principle of adherence to treaties is one of the basic principles of international law,the ever-changing international situation will often make it difficult to achieve the purpose of the treaty,or make the content of the treaty not conform to the international situation,or put excessive burden on the parties.Therefore,the exit practice of the treaty is not uncommon.Before North Korea withdrew from the Treaty on the Non-Proliferation of Nuclear Weapons(NPT),the existing British preparations to withdraw from the European Union have seen the significance of treaty withdrawal theory in a series of treaty withdrawal practices that have attracted global attention.However,the issue of withdrawal of international treaties has never been the hot topic of international law.After the Vienna Convention on the Law of Treaties was enacted,the issue of treaty withdrawal began to operate in a standardized way,and the theoretical issue of treaty withdrawal also gradually entered the horizon of scholars.With the frequent withdrawal of treaty cases in recent years,the academic enthusiasm of a large number of foreign scholars has been stimulated in the recent period.Some keen young scholars in China have also been focusing on the withdrawal of the treaty,but the international law community has not yet formed a mature system of academic view.For the theoretical research on the legal definition,legal basis,limitations,reasons,international and domestic procedures,and legal effects of unilateral withdrawal of international treaties,the literature analysis method,empirical analysis method,and comparative research method are more comprehensive.Studying the issue of unilateral withdrawal of international treaties is not only of theoretical significance,but also more practical.At present,China is positioned as a responsible strong country.Under the guidance of the “One Belt and One Road,” it will build a new mode of foreign politics,economy,and culture with cooperation and win-win as the core.Relations,the formation of a new international relationship must rely on the conclusion of a large number of bilateral or multilateral treaties.How should we face the unilateral withdrawal of other parties?However,our country's unilateral withdrawal from international treaties does not have detailed procedural norms at the domestic law level.It is too simple to stipulate the procedure for the conclusion of a treaty in China with the “Treaty of Procedure for Concluding a Treaty” of 21,and there has been no change during the past 30 years.Since China became a party to the Vienna Convention on the Law of Treaties since 1997,which is later than the time when the Law on Procedural Procedures was concluded,the specific provisions on the withdrawal of treaties have not entered the vision of domestic legislators,so that it is too abstract to apply directly.Therefore,the theoretical study of the unilateral withdrawal of international treaties should make contributions to China's unilateral withdrawal from international treaties,improve China's treaty law theory,set aside space for the signing of new international treaties,and also seek the theoretical basis for China to withdraw some historic treaties that do not conform to modern national conditions.