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Study On The Legal Issues Of Unilateral Withdrawal From International Treaties

Posted on:2024-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y R CuiFull Text:PDF
GTID:2556307163467084Subject:legal
Abstract/Summary:PDF Full Text Request
International treaties are the cornerstone of international legal relations and are of great significance to maintaining world peace,building international order,settling international disputes and promoting the development of all countries.However,with the change of the international situation and the interests of the contracting parties,the attitude of the states towards the treaty will also change,and the withdrawal behavior will inevitably occur.Especially in recent years,unilateralism and populism have been prevalent in the international community,and the withdrawal of countries from international treaties is quite common.If countries are allowed to use the right of withdrawal to evade treaty obligations and withdraw from treaties willfully,it will inevitably affect the realization of the value of international treaties and undermine the stability of the international order.However,the existing relevant provisions in the international law are not enough to effectively regulate the abuse of the right to withdraw.This is mainly because the current withdrawal clause has few requirements for the entities withdrawing from the contract and the cancellation procedure is not effective.In order to limit the frequent occurrence of unilateral withdrawal,it is necessary to improve the withdrawal clauses in the current international treaties.Along with the evolution of international situation,our country should prepare for a rainy day,pay full attention to the withdrawal clause of international treaty,and study and study it,so that we can take reasonable measures to safeguard our national interests when we meet the withdrawal dispute.In order to better study the behavior of a country’s unilateral withdrawal from an international treaty,this paper first defines the behavior of a country’s unilateral withdrawal from an international treaty,compares and analyzes the difference between withdrawal from a treaty and breach of contract,explores the reasons for the country’s unilateral withdrawal from a treaty,and discusses the relevant legal consequences.Secondly,from the provisions of the Vienna Convention on the Law of Treaties and the withdrawal clause of the treaty itself,this paper analyzes the basis of the international law of the country’s unilateral withdrawal from the treaty.Thirdly,it analyzes the problems reflected in the current international practice of unilateral withdrawal from the treaty,and puts forward some countermeasures.Finally,from the point of view of our country,this paper analyzes how to better cope with the unilateral withdrawal of other countries,and how to make a choice to safeguard our interests in the face of withdrawal and keeping the treaty...
Keywords/Search Tags:International treaties, Treaty withdrawal right, Vienna Convention on the Law of Treaties, Surrender clause
PDF Full Text Request
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