Treaty Exit in the United States: Insights from the United Kingdom or South Africa?

AJIL Unbound, Volume 111, pp. 428-433, 2018

Duke Law School Public Law & Legal Theory Series No. 2018-13

6 Pages Posted: 12 Jan 2018 Last revised: 2 Mar 2018

See all articles by Curtis Bradley

Curtis Bradley

Duke University School of Law

Laurence Helfer

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

Date Written: January 8, 2018

Abstract

This essay, a contribution to an AJIL Unbound symposium on “Treaty Exit at the Interface of Domestic and International Law,” compares treaty exit in the United States, the United Kingdom, and South Africa. After examining the longstanding practice of unilateral presidential withdrawals from treaties in the United States and the refusal to date of U.S. courts to review the constitutionality of that practice, the essay summarizes recent judicial decisions in the United Kingdom and South Africa holding that parliamentary approval was required before these nations could withdraw from treaties committing them, respectively, to the European Union and the International Criminal Court. We conclude that these decisions — while important and interesting in their own right — offer limited insights for debates in the United States over whether the President has unilateral treaty withdrawal authority and how such withdrawals might affect statutes implementing international agreements.

Keywords: international law, comparative law, treaties, treaty withdrawal, foreign relations law, exit

JEL Classification: K33

Suggested Citation

Bradley, Curtis and Helfer, Laurence, Treaty Exit in the United States: Insights from the United Kingdom or South Africa? (January 8, 2018). AJIL Unbound, Volume 111, pp. 428-433, 2018; Duke Law School Public Law & Legal Theory Series No. 2018-13. Available at SSRN: https://ssrn.com/abstract=3099483

Curtis Bradley

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Laurence Helfer (Contact Author)

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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