The Law, Politics and Theory of Treaty Withdrawal

The book explores the law of treaty withdrawal, focusing on multilateral treaties and providing a detailed overview of their operation, drawing on case studies such as Brexit, nuclear weapons treaties, and investment arbitration agreements. It unpacks how and why the law of withdrawal operates and what its limitations are, using insights from international relations theory and legal theory.

Format: Hardback
Length: 256 pages
Publication date: 16 November 2023
Publisher: Bloomsbury Publishing PLC

The book delves into the intricate dynamics of treaty withdrawal, shedding light on a growing sense of crisis within international law. Observers have noted a proliferation of governments from diverse ideological backgrounds either withdrawing from or threatening to withdraw from international organizations and treaties. While these cases may exhibit varying political motivations, they all resort to a common legal device: the treaty withdrawal clause. This book specifically concentrates on withdrawal clauses within multilateral treaties, offering a comprehensive analysis of their functioning. Drawing from a diverse range of case studies, including Brexit, nuclear weapons treaties, and investment arbitration agreements, it provides a detailed account of the withdrawal process and the obligations imposed on withdrawing states. These obligations serve as a form of stability, helping to regulate the intricate dynamics associated with termination. By integrating insights from international relations theory and legal theory, the book unravels the mechanisms and reasons behind the operation of the law of withdrawal and explores its limitations. This exploration offers valuable insights into the complex interplay between international law, politics, and power dynamics, contributing to a deeper understanding of the evolving global legal landscape.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509938568