Can Greece Be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations

Filling the Gaps in Governance: The Case of Europe 127-150 (European University Institute 2016)

24 Pages Posted: 17 May 2016 Last revised: 5 Aug 2016

See all articles by Joseph Blocher

Joseph Blocher

Duke University School of Law

G. Mitu Gulati

Duke University School of Law

Laurence R. Helfer

Duke University School of Law; University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: August 4, 2016

Abstract

The ongoing European crisis has raised uncomfortable questions about the conditions under which treaty-based unions of nations like the EU or the EMU can legally expel a member — Greece being the most obvious candidate. The EU, for example, has rules governing the voluntary withdrawal of members, but says nothing about whether a member can be expelled. As a matter of international law, what does the silence mean? Put differently: What is the default rule regarding expulsions when a treaty says nothing about forced withdrawals? Is there an absolute bar on expulsion, as some have suggested? Conversely, is there an implicit right to expel? Or can material breaches of a treaty justify expulsion? And if fault is not required, must the expelled member state be compensated in some way?

Keywords: expulsion, treaty, international organizations, withdrawal, international law, eurozone

JEL Classification: F33, F34, K33

Suggested Citation

Blocher, Joseph and Gulati, Gaurang Mitu and Helfer, Laurence R., Can Greece Be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations (August 4, 2016). Filling the Gaps in Governance: The Case of Europe 127-150 (European University Institute 2016). Available at SSRN: https://ssrn.com/abstract=2780743 or http://dx.doi.org/10.2139/ssrn.2780743

Joseph Blocher (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Gaurang Mitu Gulati

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Laurence R. Helfer

Duke University School of Law ( email )

210 Science Dr.
Box 90360
Durham, NC 27708
United States
+1-919-613-8573 (Phone)

HOME PAGE: http://law.duke.edu/fac/helfer/

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

University of Copenhagen Faculty of Law
Karen Blixens Plads 16
Copenhagen S, DK-2300
Denmark

HOME PAGE: http://jura.ku.dk/icourts/

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