Withdrawal from Multilateral Treaties

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

• ForewordPrefaceAcknowledgmentsAbbreviationsTable of DocumentsTable of CasesList of Figures1 The Legal Framework of Withdrawal from Multilateral TreatiesIntroductionI. Understanding WithdrawalA. Definition of WithdrawalB. The Progressive Codification of WithdrawalC. Withdrawal as an Expression of States’ VoluntarismII. Withdrawal in International and Domestic LawA. Withdrawal in General International LawB. Withdrawal in the Vienna Convention on the Law of TreatiesC. Withdrawal in Domestic LawD. The Limits of Legal Formalism and the Way Forward2 Conceptualizing WithdrawalIntroductionI. Analyzing Withdrawal through the Lens of Commitment and Compliance in International TreatiesA. Shifting Balances from Compliance to Commitment in Times of WithdrawalB. Withdrawal and Commitment: Two Sides of the Same CoinC. Differences between Withdrawal and BreachII. Analyzing Withdrawal through the Lens of Risk ManagementA. Risk Management in International TreatiesB. Risk in Treaty Making and Treaty MaintenanceIII. Analyzing Withdrawal through the Lens of the Principle Pacta Sunt ServandaA. From Cooperative to Noncooperative OutcomesB. Lawfulness and Cooperativeness of Withdrawal3 The Evolution of WithdrawalIntroductionI. From Unity to Disengagement in the International Legal OrderA. The Concept of UnityB. International Legal Theory and the Treaty-Making ProcessII. Quantitative Study on WithdrawalA. Defining the Population of Interest and the GoalsB. Empirical Results4 Categories of WithdrawalIntroductionI. International Tribunals and CommitteesA. The International Court of JusticeB. The International Criminal CourtC. The UN Human Rights CommitteeII. International OrganizationsA. United NationsB. UN AgenciesC. International Financial InstitutionsD. Brexit and Regional OrganizationsIII. High-Profile International CommitmentsA. Agreements Derogating from Norms of Jus CogensB. Arms Control AgreementsC. Climate Change AgreementsIV. Withdrawing from the Agreement, Remaining in the RegimeV. Signatory Withdrawal5 Rationales for WithdrawalIntroductionI. Withdrawal as a Reaction in Domestic PoliticsA. Economic CostsB. Expansion of Jurisdiction (“Mission Creep”)C. Perception of Bias or UnfairnessII. Withdrawal as an Act of State PowerA. Shift in Domestic Political LeadershipB. Leverage for Amending a TreatyC. Defense StrategyD. Alternative Consensus6 Regulating and Enhancing Orderly Withdrawal from Multilateral TreatiesIntroductionI. International SolutionsA. Securing Commitment through Withdrawal ProcedureB. Enhancing Commitment through International RegimesII. Domestic SolutionsA. Regulating Domestic Treaty-Making PowerB. Socializing Commitment through a Multi-Stakeholders’ ApproachConclusionAppendix: Table of WithdrawalsBibliographyIndex