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Part VI Avoiding or Exiting Treaty Commitments, 26 Terminating Treaties

Laurence R Helfer

From: The Oxford Guide to Treaties (2nd Edition)

Edited By: Duncan B. Hollis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 07 December 2023

Vienna Convention on the Law of Treaties — Treaties, invalidity, termination, suspension, withdrawal

This chapter reviews the research on treaty exit and draws upon a variety of recent examples and illustrations from a range of subject areas to discuss its practical, theoretical, and normative implications. Part I provides an overview of the international rules governing exit from multilateral and bilateral agreements, including key provisions of the Vienna Convention on the Law of Treaties. Part II highlights the wide variations in the design and invocation of treaty termination, denunciation, and withdrawal clauses. Part III sets forth a theory of treaty exit. It argues that termination, denunciation, and withdrawal clauses are tools for managing risk — a pervasive feature of international affairs. A concluding section identifies avenues for future research for scholars and practitioners alike.

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