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Treat Withdrawal Mechanism Study And China's Consideration

Posted on:2019-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y T LiFull Text:PDF
GTID:2416330545967787Subject:International Law
Abstract/Summary:PDF Full Text Request
Since the beginning of the 21st century,cases of countries withdrawing from international treaties have emerged in an endless stream.In particular,treaty withdrawals by some major countries have brought about enormous challenges to the more stable framework established by the treaty itself,making the terms of withdrawal in treaties gradually attracting governments and international laws.Academic attention.Prior to this,the terms of the treaty's exit clause often used as the ending format clause were not valued or even ignored.At present,the treaty withdrawal mechanism,as a way of operating the procedures for exercising the right to withdraw from the treaty,together with the physical conditions and national withdrawal events,has gradually received the attention of scholars of international law.International treaties are all-encompassing,and the provisions for withdrawal clauses are varied,and various provisions have a major influence on the treaty itself and the exercise of the rights of the parties concerned.This paper theoretically studies the exit mechanism of the treaty and believes that the right to withdraw from the treaty is based on the state sovereignty and the legitimate rights conferred by the treaty.Setting a right of withdrawal in a treaty can bring the treaty itself,the countries involved,the design of the treaty,and international law development with positive impact.After an in-depth analysis of the exit cases in the fields of politics,economy,environment,I expressed the analysis of the treaty law or the idea of exit clause improvement,and in the last core chapter,China's nationality as the country of withdrawal in the case of other states parties or related countries influencing the country,I put forward my own suggestions:we should consider whether there is any other settlement mechanism when the reasons for the withdrawal occur.If they do not exist,we can first publish the advance notice before the formal declaration,and finally follow seriously relevant procedural law provided for the right to withdraw from the treaty.
Keywords/Search Tags:Treaty withdrawal, Vienna Convention on the Law of Treaties, China's consideration
PDF Full Text Request
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