Article 56. Denunciation of or withdrawal from a treaty containing no provision regarding termination, denunciation or withdrawal
In: Vienna Convention on the Law of Treaties, S. 967-987
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In: Vienna Convention on the Law of Treaties, S. 967-987
In: Vienna Convention on the Law of Treaties, S. 945-962
In: Vienna Convention on the Law of Treaties, S. 1131-1150
In: Global risks: constructing world order through law, politics and economics, S. 183-199
"In the first chapter, Susanne Lechner introduces the triad of law, politics and economics in this part by analysing a legal provision with a tool usually found in economics to ask whether a political goal can be achieved. More precisely, Lechner examines whether the right to withdraw from the European Union, the exit-option, which has been established by the Treaty of Lisbon enhances the stability of the EU by furthering flexible integration. Prima facie, this seems to be a contradictory claim: how can a legal provision allowing for a withdrawal from the EU at the same time increase the stability of the very same organisation? By using a game-theoretic approach, Lechner critically examines the options member states now have in negotiations and bargaining situations. She concludes that on the one hand, the exit-option bears significant potential as a threatening instrument to serve the interests of member states because they gain bargaining power. On the other hand, the exit-option can also be regarded as a stabilising factor since the option for a legal withdrawal allows for flexible integration through the formation of clubs within the EU. Thus, the risk of either costly struggles for secession or a deadlock in the integration process or both is diminished by a legal provision that, prima facie, seems to have the contrary effect." (extract)
The People's Republic of China's (PRC) potential response to US deployment of a national missile defense system is contemplated. Several factors that will influence the PRC's reaction are identified: the Chinese state's modernization of its strategic systems; the prevailing perception of the US as a hegemonic superpower; the Chinese government's desire for a more multipolar world; previous US military interventions in international crises; the failures of contemporary Chinese domestic & foreign policy; & US intervention in the PRC-Taiwan conflict. In addition, the PRC's potential responses to US attempts to initiate minor, moderate, or extreme revisions to the 1972 Anti-Ballistic Missile Treaty are considered; eg, it is asserted that US withdrawal from the agreement would encourage the PRC to stockpile ballistic missiles, seek cooperation from Russia, & reduce its collaboration with Western nations. The need for US policymakers to stipulate this country's nuclear relationship with the PRC is stressed. Also, the impact of the PRC's creation of additional ballistic missiles on its neighbor's nuclear policies is pondered. It is concluded that the US & the PRC should consider cooperative approaches to the production of ballistic missiles & national missile defense in order to avoid international political instability. J. W. Parker