Overview

This 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?

Full Product Details

Author:   Antonio Morelli
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   4
Weight:   0.617kg
ISBN:  

9789004467613

ISBN 10:   9004467610
Pages:   268
Publication Date:   07 October 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In stock  
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Table of Contents

Foreword 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

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Antonio Morelli is an SJD graduate of American University Washington College of Law who specializes in international law and governance.

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