On The Withdrawal Clauses Of International Treaties

The international legal system is established on the famous fundamental principle--pactasunt servanda.States,or more precisely the government officials who represent their interests at diplomatic negotiating conferences,are masters of their treaty commitments.No state can be forced to accept a treaty without its consent,not can it be compelled to join an intergovernmental organization against its will.Once a state has assented to a treaty and has successfully shepherded it through its national approval process,however,it must observe its treaty commitments in good faith.Nevertheless,neither treaties nor the domestic preferences are static.When shifts in the political circumstances or geostrategic context undermine a treaty's original objectives or render its terms particularly burdensome or obsolete,international law may direct states to eschew unilateral action for the sake of negotiating with their treaty partners.When “Vienna Convention on The Law of Treaties”create a lawful,public mechanism for a state to terminate its treaty obligations or withdraw from membership in an intergovernmental organization,the Formation of the Dualistic Thinking of obeying treaties or abrogating them has been broken.In this article,I will analysis the special legal phenomenon of exiting treaties in two perspectives—legal practice and legal merit—to demonstrate the legitimacy of the right to withdraw from the treaties.The concept of treaty withdrawal is defined,also the similarities and differences between treaty termination and treaty withdrawal is analyzed in the first part of this dissertation.The provision of withdrawal right can be categorized into two types,the conventional provision and legal provision of withdrawal right,by means of plentiful observation of international treaties in the second part.Furthermore,the conventional provision of withdrawal right includes the withdrawal right under treaty provision,the withdrawal right due to the mutual consent of parties to a treaty and the implied withdrawal right recognized by a convention.Still,the legal provision of withdrawal right also includes three types.In the third part,the practices of treaty withdrawal by two Countries recently are listed,in order to make a more detailed analysis of the relevant legal issues involved in the process of withdrawal.A brief analysis of how to protect and limit the withdrawal right on the basis of the withdrawal right is from the state sovereignty is reveal in the fourth part.Then,we expect to indicate theuncertainty in the issues of the domestic law provision on the treaty system and improve the relevant legal system.