Research On The Legal Issues Of Unilateral Withdrawal From International Treaties

The conclusion of international treaties shows that two or more subjects of international law have gathered their will in order to use the rules of international law to adjust their interests.International treaties are written agreements between subjects of international law on the relationship between rights and obligations.The unilateral withdrawal of an international treaty refers to the unilateral act of a State party to an international treaty terminating its membership of the treaty.In general,the object of a treaty may be an obligation involving any matter of national interest.However,when the content of the treaty no longer conforms to the national interest or even threatens the national interest,and the cost of renegotiation is too high,the State party inevitably invokes the withdrawal clause to get rid of the treaty obligation.At present,the unilateral withdrawal of international treaties has become a common phenomenon in the practice of international treaty law.From the withdrawal of some Latin American countries to the ICSID Convention,the United Kingdom’s withdrawal from the European Union,to the withdrawal of the United States from the INF Treaty and the Paris Agreement,these unilateral acts of the country have become a common phenomenon nowadays.The direct legal issues arising from the withdrawal of the treaty and the deeper question of how international cooperation will develop in the coming years have brought multiple challenges to international law.However,the issue of unilateral withdrawal from the treaty has received little attention in the field of international jurisprudence,nor has it formed a mature theory.It is important to study the relevant legal issues arising from it.This article is divided into five parts.The first part begins with the basic theoretical issues of unilateral withdrawal.Firstly,the unilateral.withdrawal behavior is defined.It is considered that the withdrawal can be applied to both bilateral treaties and multilateral treaties,including the withdrawal of treaties on which international organizations are established.Secondly,it analyzes the starting point of the state’s implementation of the withdrawal behavior and the source of the rights.It believes that the state’s implementation of the withdrawal of the contract is the embodiment of the will of the state and the right of the state sovereignty to withdraw from the treaty.The second part divides the legal basis for the state’s implementation of the withdrawal behavior into two cases,that is,the treaty itself stipulates the provisions of the applicable treaty for the withdrawal clause;there is no provision for the application of the Vienna Convention on the Law of Treaties.The third part selects two cases with great influence and typicality,discusses the legality of the withdrawal behavior and the actual legal effects and influences,including the practice of withdrawing from bi lateral treaties and the practice of withdrawing from multilateral treaties.Through the explanation of the basic theoretical issues above and the analysis of international practice,the fourth part divides the withdrawal treaty into two situations:withdrawal of bilateral treaties and multilateral treaties,and discusses the legal consequences and legal liabilities of withdrawal.The fifth part proposes some feasible countermeasures for China in the future if it faces unilateral withdrawals from other contracting states.