The Exercise Of The Right To Withdraw From International Treaties

In recent years,withdrawing from international treaties has not been a new topic.Venezuela officially announced its withdrawal from the ICSID convention in 2012,the UK officially launched the withdrawal procedure from the EU in 2017,and the United States withdrew from the Paris Agreement in the same year.On the one hand,withdrawal clause has been incorporated into more and more international treaties,and withdrawal act has become a regular part of the practice of treaty law.On the other hand,some countries willfully use the withdrawal right as a means of gaining the right to speak for their own interests.This not only has a strong impact on the international law and international order based on the principle of "treaties must be kept",but also seriously jeopardized the peace and security of the international community.The development of our country also needs a peaceful,safe and stable external environment.Strengthening the research on the exercise of the right to withdraw from the treaty is conducive to safeguarding China’s national interests.However,there are not many papers in the field of international law.Through theoretical research,the right to withdraw from an international treaty refers to the right to withdraw from a treaty according to the prescribed conditions and procedures after the international treaty takes effect on a certain subject of international law,which is based on the express provisions of the treaty or with the unanimous consent of other parties.According to different standards,the right to withdraw can be divided into the following four categories:express right to withdraw and implied right to withdraw,partial right to withdraw and total right to withdraw,individual right to withdraw and collective right to withdraw,agreed right to withdraw and general right to withdraw.As for legislation,both the Convention formed at the United Nations Conference on the law of treaties held in 1969 and many other international treaties with the themes of human rights,economy and trade,and disarmament have stipulated the conditions and procedures for exercising the right of withdrawal.In practice,the United States insisted on withdrawing from the Intermediate-range Nuclear Forces Treaty(INF)despite strong opposition from the international community,and the United Kingdom had experienced many difficulties in launching the procedure of withdrawing from Europe and South Africa withdrew its notice of withdrawal from the Rome Statute of the international criminal court because of a single decision of the domestic court.However,whether in theory or practice,the exercise of withdrawal right is not perfect,there are some problems,such as unclear implied withdrawal rules,lack of effective restrictions on the exercise of withdrawal right,separation of legality and legitimacy in the practice of withdrawal,and imperfect domestic law mechanism for the exercise of withdrawal right.In response to the above questions and guide states to exercise their right to withdraw from treaties in a lawful and reasonable manner,it is recommended that countries should correctly understand the nature of the right to withdraw from treaties,attaches great importance to the the formulation of withdrawal clause when drafting international treaty,strengthen the restrictions on the exercise of the right to withdraw when formulating the withdrawal clause,exercise the right to withdraw from international treaties in a lawful and reasonable manner in the course of fulfilling such treaties and further refine the domestic law mechanism for the exercise of withdrawal right.However,China’s development needs the support of a stable external environment.In the face of the increasingly frequent withdrawal of treaties,China should correctly understand the nature of the right to withdraw from treaties,decontaminate and nominalize it,and make it legal and reasonable when it needs to exercise the right to withdraw from treaties.