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 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, 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 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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