Research On The Legal Issues Of The Withdrawal Mechanism Of International Treaties

International treaty law is an important part of international law,and the treaty must abide by the principle and is one of the basic principles of international law.The treaty must be adhered to in principle.However,the treaty law is also a written law,and the written law is inevitably lagging.From the perspective of the treaty itself or the changing international situation in which the treaty is located,when the original purpose of the treaty is not fulfilled for various reasons,the State party will inevitably use its means of withdrawal to safeguard its own interests.In recent years,news about the withdrawal of international treaties abound,and the raging North Korea has withdrawn from the Treaty on the Non-Proliferation of Nuclear Weapons(NPT).Trump ' s high-profile announcement of the withdrawal of the United States from a series of treaties such as the "Guidelines on the Treaty" "Action",frequent treaty withdrawal practices impact the international treaty system.Curiously,before this,research on this issue is not directly proportional to the heat of practice development.At present,the international treaty withdrawal mechanism,as a procedure for the operation of the withdrawal of the treaty,has gradually attracted the attention of international law scholars along with the substantive conditions and the state withdrawal.The attention of Chinese scholars on this issue has also been continuously improved.However,international treaties cover a wide range of issues,and the relevant regulations are also different.The research on this started late,so it has not formed a systematic theoretical basis.Therefore,it is of great significance to study the legal issues of the international treaty withdrawal mechanism.This article is divided into four parts.The first part sorts out the origin,sovereignty attribute and classification of international treaty withdrawal,points out the legitimacy of international treaty withdrawal and puts forward the legal basis of international treaty withdrawal.The second part analyzes and combs the conditions and procedures for the withdrawal of international treaties,points out the substantive and procedural requirements for the withdrawal of international treaties,and holds that the withdrawal of international treaties is a divergence of national sovereignty,and its legitimacy should be affirmed,but it is not absolute at the same time,and must be bound by relevant principles and conditions.The third part selects two international treaties to withdraw from practice,discusses and analyzes them,and summarizes the practical obstacles faced by withdrawing countries and the legal problems existing in the withdrawal process in the process of withdrawing specific international treaties.The fourth part,alsoin the last chapter of the article,locates our country's position facing the international withdrawal problem,analyzes the defects and deficiencies of our country's current domestic laws regarding the withdrawal of international treaties,details our country's treaty withdrawal procedures,and puts forward our own opinions for the possible withdrawal of international treaties in the future.