BREXIT AND THE INTERNATIONAL LAW ON TREATY WITHDRAWAL

• Main Author: Carmen MOLDOVAN
• Format: Article
• Language: English
• Published: Alexandru Ioan Cuza University of Iasi 2018-11-01
• Series: EURINT
• Subjects: withdrawal; agreement; negotiations; legal obligations
• Online Access: http://cse.uaic.ro/eurint/proceedings/index_htm_files/EURINT2018_MOL.pdf

The 2016 unprecedented decision of the United Kingdom to leave the European Union has deep implications at many levels and raises several legal questions. These are to be analysed in the context of general rules on international treaty withdrawal established by the 1969 Vienna Convention on the Law of Treaties and the international customary law. At the same time, such an analysis should consider the specific features of the European Union as an international legal entity and the implications of the conditions set out in Article 50 of the Treaty on the European Union. The analysis presents theoretical and practical interest for many reasons, due to the unique character of this situation. This paper will not focus on political issues, it will engage in analysing the effects of the withdrawal notification in the context of the general rules of international law of treaties in this matter.