Description
Book SynopsisThis is the first comprehensive and systematic monograph on withdrawal from multilateral treaties, which explains the evolution of the concept of withdrawal and examines its increasing use over time. International scholars and policy makers have long addressed treaty making and treaty maintenance in light of the binary choice between compliance and breach, while leaving unregulated or at least under-regulated the actual act of withdrawal. In the age of global retrenchment, is there still room for international law to regulate the rules of the game, or will unilateral decisions overturn the current architecture of a multilateral global order?
Table of ContentsForeword Preface Acknowledgments Abbreviations Table of Documents Table of Cases List of Figures 1 The Legal Framework of Withdrawal from Multilateral Treaties Introduction I. Understanding Withdrawal A. Definition of Withdrawal B. The Progressive Codification of Withdrawal C. Withdrawal as an Expression of States’ Voluntarism II. Withdrawal in International and Domestic Law A. Withdrawal in General International Law B. Withdrawal in the Vienna Convention on the Law of Treaties C. Withdrawal in Domestic Law D. The Limits of Legal Formalism and the Way Forward 2 Conceptualizing Withdrawal Introduction I. Analyzing Withdrawal through the Lens of Commitment and Compliance in International Treaties A. Shifting Balances from Compliance to Commitment in Times of Withdrawal B. Withdrawal and Commitment: Two Sides of the Same Coin C. Differences between Withdrawal and Breach II. Analyzing Withdrawal through the Lens of Risk Management A. Risk Management in International Treaties B. Risk in Treaty Making and Treaty Maintenance III. Analyzing Withdrawal through the Lens of the Principle Pacta Sunt Servanda A. From Cooperative to Noncooperative Outcomes B. Lawfulness and Cooperativeness of Withdrawal 3 The Evolution of Withdrawal Introduction I. From Unity to Disengagement in the International Legal Order A. The Concept of Unity B. International Legal Theory and the Treaty-Making Process II. Quantitative Study on Withdrawal A. Defining the Population of Interest and the Goals B. Empirical Results 4 Categories of Withdrawal Introduction I. International Tribunals and Committees A. The International Court of Justice B. The International Criminal Court C. The UN Human Rights Committee II. International Organizations A. United Nations B. UN Agencies C. International Financial Institutions D. Brexit and Regional Organizations III. High-Profile International Commitments A. Agreements Derogating from Norms of Jus Cogens B. Arms Control Agreements C. Climate Change Agreements IV. Withdrawing from the Agreement, Remaining in the Regime V. Signatory Withdrawal 5 Rationales for Withdrawal Introduction I. Withdrawal as a Reaction in Domestic Politics A. Economic Costs B. Expansion of Jurisdiction (“Mission Creep”) C. Perception of Bias or Unfairness II. Withdrawal as an Act of State Power A. Shift in Domestic Political Leadership B. Leverage for Amending a Treaty C. Defense Strategy D. Alternative Consensus 6 Regulating and Enhancing Orderly Withdrawal from Multilateral Treaties Introduction I. International Solutions A. Securing Commitment through Withdrawal Procedure B. Enhancing Commitment through International Regimes II. Domestic Solutions A. Regulating Domestic Treaty-Making Power B. Socializing Commitment through a Multi-Stakeholders’ Approach Conclusion Appendix: Table of Withdrawals Bibliography Index
