| For a long time,the theoretical circles have not studied the phenomenon of the withdrawal of the state from international agreements.Many scholars have a negative attitude toward the withdrawal of the treaty,but in many cases it is advisable to withdraw from the treaty.Moreover,in recent years,the withdrawal of treaties in international practice has occurred frequently,which has had a certain impact on the multilateral system constructed by international treaties.The withdrawal of the research treaty therefore has certain practical significance.The withdrawal of a treaty is that the withdrawal of the treaty takes place in the process of implementation after the entry into force of the treaty.Due to the needs of a country’s own interests,it is legally withdrawn from the treaty after satisfying certain requirements such as the issuance of the notice,after the effective date,and so on.There are big differences in termination,treaty dissolution,and breach of contract.The right to withdraw from the treaty is an extension of national sovereignty.The withdrawal of the treaty is conducive to protecting the sovereign equality of the state.It is conducive to the renewal and improvement of the treaty and enhances the adaptability of the treaty.The withdrawal of a treaty shall satisfy certain conditions,mainly the consent of the parties to the treaty,the change of circumstances,the breach of contract by one party,the implied right of withdrawal of the treaty,and the inability of the treaty to perform.And because the treaty should pay attention to maintaining a certain stability,it is necessary to limit the withdrawal of the treaty.The essence of limiting this behavior is to strike a balance between the flexibility and stability of international treaties.The principle of restricting the withdrawal of a treaty mainly consists of the traditional basic principles of international law such as the principle that the treaty must abide by the principle,the principle of good faith in fulfilling international obligations,and the principle of prohibiting abuse of rights.In terms of rules,some treaties impose restrictions on the procedures and content of withdrawals by Parties.Generally,the treaty requires the exiting party to make an exit notice.A notice of withdrawal of a treaty shall take effect after a period of time and there shall be an objection period between the issuance of the notice and the formal entry into force of the withdrawal.When a country withdraws from a treaty,it will have many effects in both facts and law.The factual effects include positive and negative effects.The withdrawal of the treaty enhances the discourse power of the exiting country,but it also leads to the declining international reputation of the defaulting country,the prevalence of opportunism and the occurrence of exit disputes.The withdrawal of a treaty will also have a legal effect.For a defaulting State,unless the treaty obligation exists before the withdrawal and has not yet been fulfilled,it will no longer be bound by the treaty after its withdrawal.However,for the remaining remaining States Parties,the withdrawal of a State Party in the Treaty shall not continue to perform its treaty obligations because it does not constitute a change of circumstances.Only by fully grasping the effect of exercising the withdrawal of the treaty can we better respond to changes in the international situation. |
