Academic literature on the topic 'Unilateral Withdrawal'

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Journal articles on the topic "Unilateral Withdrawal"

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Chalyi, Yu I. "Notification of the counterparty of unilateral withdrawal from the agreement." Bulletin of Kharkiv National University of Internal Affairs 103, no. 4 (2023): 91–106. http://dx.doi.org/10.32631/v.2023.4.08.

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The study focuses on the issue of notification of the initiator of unilateral withdrawal from a contract to its counterparty of such withdrawal. In particular, the problematic issues of determining the form and procedure for such notification and establishing the time when an agreement unilaterally withdrawn by one of its parties will be considered amended or terminated are considered. Current civil law does not provide clear answers to these questions. The necessity of differentiating the legislative rules which will determine the procedure for informing the interested party of the unilateral
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Bayar, Tuğba, and Murat Bayar. "Unilateral Withdrawals from Multilateral International Treaties, 1945–2024." Global Governance: A Review of Multilateralism and International Organizations 31, no. 2 (2025): 163–85. https://doi.org/10.1163/19426720-03102004.

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Abstract Unilateral withdrawals from multilateral international treaties (MIT s) constitute a substantial state behavior that offers insights into interstate cooperation and dynamics of treaty regimes. While much attention has been given to state withdrawals from intergovernmental organizations (IO s), relatively recent high-profile exits, such as the US withdrawal from the Iran Nuclear Deal and Turkey’s withdrawal from the Istanbul Convention, bring unilateral state withdrawals from MIT s to the forefront of scholarly and political debates. This paper contributes to the literature by presenti
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Dalton, Taylor R. "Exit Through the White House: Congressional Constraints on Unilateral Presidential Withdrawal from Treaties." Texas A&M Law Review 12, no. 1 (2024): 207–61. https://doi.org/10.37419/lr.v12.i1.6.

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When does the U.S. President have the constitutional authority to withdraw from a treaty unilaterally? Where the U.S. Constitution details the making but not the exiting of treaties, the U.S. Supreme Court has largely left the issue open for the political branches to resolve. Many scholars argue that modern practice supports a conclusion that the President has the practical—if not legal—power to withdraw unilaterally from an Article II treaty or congressional-executive agreement without the consent of Congress. This argument is largely premised on the claim that Congress has acquiesced to exec
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Shtefan, Anna. "Unilateral withdrawal from a license agreement." Theory and Practice of Intellectual Property, no. 6 (February 27, 2023): 19–28. http://dx.doi.org/10.33731/62022.274616.

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Keywords: license agreement, unilateral withdrawal from an agreement, copyright,intellectual property
 The right to the unilateral withdrawal of a license agreement is formulated in Part 2 of Article 1110 ofthe Civil Code of Ukraine in a generalized form, leaving outside the legal regulation anumber of important issues that are significant for the effective application of this provision.In particular, what should be the duration of the delay in the term of beginning theuse of the object of intellectual property rights, whether the licensor should provide thelicensee with an additional ter
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Crampin, Joseph. "Treaty withdrawal and recalcitrant States." Cambridge International Law Journal 9, no. 2 (2020): 225–40. http://dx.doi.org/10.4337/cilj.2020.02.06.

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The recent prevalence of high-profile unilateral treaty withdrawals raises broader questions over trust in treaty-making. Given the foundational importance of trust in treaties to international law, these withdrawals present risks to the international legal order generally. The issue for international law is how it can regulate treaty withdrawal in a way that preserves trust in the international legal system. The problem of trust is twofold. If international law adopts too permissive a stance towards unilateral withdrawal, then this will undermine trust in the binding force of treaties: pacta
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Olsen, Tore Vincents, and Christian F. Rostbøll. "Why withdrawal from the European Union is undemocratic." International Theory 9, no. 3 (2017): 436–65. http://dx.doi.org/10.1017/s1752971917000094.

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The Lisbon Treaty from 2009 introduced the possibility for individual member states to withdraw from the European Union (EU) on the basis of a unilateral decision. In June 2016 the United Kingdom decided to leave the EU invoking article 50 of the treaty. But is withdrawal democratically legitimate? In fact, the all-affected principle suggests that it is undemocratic for subunits to leave larger political units when it adversely affects other citizens without including them in the decision. However, it is unclear what the currency of this affectedness is and, hence, why withdrawal would be unde
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Perlmutter, Amos. "Unilateral Withdrawal: Israel's Security Option." Foreign Affairs 64, no. 1 (1985): 141. http://dx.doi.org/10.2307/20042471.

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Weiler, Joseph H. H. "Alternatives to Withdrawal from an International Organization: The Case of The European Economic Community." Israel Law Review 20, no. 2-3 (1985): 282–98. http://dx.doi.org/10.1017/s0021223700017659.

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The practice of omitting withdrawal clauses from the constituent treaties of many international organizations was highlighted by Nathan Feinberg in his article on “Unilateral Withdrawal from an International Organization”, acknowledged as “…the most thorough study of the subject”. In a detailed study of both State Practice and La Doctrine, Feinberg drew the conclusion that there exists no presumption in favour of the right of unilateral withdrawal, and that withdrawal is therefore permitted only if it is expressly provided for or can be inferred by implication.
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Jabali, Saqer. "The Ruling Israeli Elite and the Unilateral Withdrawal Plan from Gaza." Perspectives on Global Development and Technology 12, no. 5-6 (2013): 570–89. http://dx.doi.org/10.1163/15691497-12341275.

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Abstract This study analyzes, using the elite approach, the relationship between the Israeli ministerial elite and their adoption of a unilateral withdrawal plan from the Palestinian territories because the socio-economic constituents of this elite are so strong and influential that it affects the political conduct of its members. The study shows, through an analysis of the relationship between party affiliation and members’ adoption of the withdrawal plan, that all members of the Shinui Party and 85.7% of Kadima members supported the plan and that all the ministers from the National Religious
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McLachlan, Campbell. "THE ASSAULT ON INTERNATIONAL ADJUDICATION AND THE LIMITS OF WITHDRAWAL." International and Comparative Law Quarterly 68, no. 3 (2019): 499–537. http://dx.doi.org/10.1017/s0020589319000162.

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AbstractWithdrawal from international adjudication is a contemporary phenomenon with wide implications. The act of treaty withdrawal is not to be seen as merely the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining withdrawal. National courts have a complementary function in restraining unilateral withdrawal in order to support the domestic constitution. T
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Dissertations / Theses on the topic "Unilateral Withdrawal"

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Clarenc, Nathalie. "La suspension des engagements internationaux." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020057.

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Il s’agit d’une étude de droit des actes juridiques internationaux (engagements conventionnels et unilatéraux), portant sur un mécanisme largement utilisé dans la pratique conventionnelle mais très peu étudié en doctrine, celui de la suspension, distingué des mécanismes, plus radicaux mais finalement moins intéressants peut-être, d’extinction des engagements. Pour la première fois, est proposée une définition de la suspension, préalablement distinguée des notions voisines avec lesquelles elle a souvent été confondue (dispense, exception d’inexécution, force majeure, contre-mesures, réserve, et
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Bém, Jiří. "Zánik závazků jednostranným právním jednáním." Doctoral thesis, 2016. http://www.nusl.cz/ntk/nusl-348915.

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It is now more than two years since the new Civil Code (OZ), which unified the previous predominantly two-way regulation of the discharge of obligations in one single codex, became effective. As a follow-up to this legally significant event, the focus of my PhD thesis (dissertation) has been on analyzing the resulting changes in comparison with the foregoing legal regulation of the Civil Code and the Commercial Code, including a deliberation on whether such changes have been positive or, alternatively, whether the new regulation can be reproached for certain shortcomings. Although the regulati
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Books on the topic "Unilateral Withdrawal"

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United States. Congress. Senate. Committee on Armed Services. Soviet Union's unilateral force reduction and withdrawal: Hearing before the Committee on Armed Services, House of Representatives, One Hundred First Congress, first session, hearing held September 15, 1989. U.S. G.P.O., 1990.

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Charles, Proctor. Part F Cross-Border Issues, 40 Banks and the Eurozone Crisis. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0040.

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The Eurozone has been in the midst of a financial crisis since the extent of Greece's sovereign debt problems became public in 2009. This chapter examines the consequences if a Member State found itself compelled to withdraw from the Eurozone as a result of its difficulties. It begins with some general remarks about the applicable treaty provisions and the framework for a Eurozone withdrawal. It then analyses the consequences if Greece withdrew from the Eurozone with the consent of the other Member States; or if Greece withdrew from the zone on a unilateral basis. It also considers essential m
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Book chapters on the topic "Unilateral Withdrawal"

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"Unilateral Withdrawal of Life-Sustaining Therapy in a Severely Impaired Child." In Ethics Rounds: A Casebook in Pediatric Bioethics Part II. American Academy of Pediatrics, 2022. http://dx.doi.org/10.1542/9781610026697-unilateral.

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Pinfold, Rob Geist. "Exit without Agreement." In Understanding Territorial Withdrawal. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197658857.003.0005.

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Abstract Chapter 4 examines another “unilateral” Israeli withdrawal: the “disengagement” from the Gaza Strip in 2005. Critics have labeled the disengagement as an ignominious concession in the face of the Second Intifada’s violence. Others have argued that Prime Minister Ariel Sharon withdrew to distract the public from corruption allegations against him. However, this chapter demonstrates that the withdrawal from Gaza was neither unilateral nor an irrational retreat. The Second Intifada did escalate the occupation’s costs. But exit was a rational choice because the status quo lost its strateg
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Pinfold, Rob Geist. "Leaving “Israel’s Vietnam”." In Understanding Territorial Withdrawal. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197658857.003.0004.

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Abstract Chapter 3 surveys Israel’s occupation and exit from southern Lebanon, between 1985 and 2000. The eventual Israeli withdrawal is generally perceived as “unilateral” and having been conducted without a negotiated agreement. Supporting this narrative, existing literature highlights the agency of internal domestic politics in precipitating Israel’s withdrawal. Thus, many studies frame Israel’s exit as either a triumph for civil society, or an irrational retreat engineered by casualty-averse domestic actors, depending on their ideological bias. Yet, this chapter illustrates that the withdr
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"TEU." In The EU Treaties and Charter of Fundamental Rights: A Commentary, 2nd ed., edited by Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780198913689.003.0062.

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Abstract This chapter examines Article 50 of the Treaty on European Union (TEU), which regulates the unilateral withdrawal of a Member State from the EU. Due to the insertion of Article 50 TEU, it has become clear that the withdrawal from the EU is governed by Union law and not by public international law. Because of the autonomy of EU law, Article 50 TEU must be interpreted solely in the light of the EU Treaties as a whole. Under Article 50 TEU, the decision to withdraw from the EU is an internal and unilateral act of the MS concerned. The withdrawal procedure is initiated when the withdrawin
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"6. Leaving Lebanon: The Unilateral Withdrawal, 2000." In Zion's Dilemmas. Cornell University Press, 2017. http://dx.doi.org/10.7591/9780801465741-010.

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Veress, Emőd, Milan Hulmák, Markéta Zimnioková, Łukasz Stępkowski, Attila Dudás, and Milan Hlušák. "Unilateral Termination of Contracts and Rights of Withdrawal." In Contract Law in East Central Europe. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ev.cliece_chapter14.

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Proctor, Charles. "Withdrawal from the Eurozone." In Mann and Proctor on the Law of Money, 8th ed. Oxford University Press, 2023. http://dx.doi.org/10.1093/law/9780198804925.003.0032.

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Abstract This chapter addresses the process of a eurozone withdrawal. A withdrawal from the present monetary union arrangements within the eurozone would raise issues of a broader and deeper nature, partly because the monetary union was created by treaty between all EU Member States. As a result, a departure from the eurozone by one or more participating Member States would have consequences at two levels. First of all, it would have a clear impact on the position of the affected Member State under the EU Treaties. Secondly, it would create difficulties in the context of monetary obligations e
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Garner, Oliver. "Article 50 TEU." In Constitutional Disintegration and Disruption. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198914136.003.0005.

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Abstract This chapter introduces the European Union’s withdrawal clause of Article 50 TEU. It starts by outlining the origins and purpose of the clause from the partial precedents for withdrawal of Algeria and Greenland to the initial proposal of an exit provision during the 2003 Convention on the Future of Europe, including the delegates’ arguments for and against. The next section considers secondary literature on the telos of withdrawal, recognizing the initial strategic origins of providing guarantees to reticent states without foreseeing that Article 50 TEU would ever be triggered. The ch
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Koh, Harold Hongju. "Could the President Unilaterally Terminate All International Agreements?" In The Restatement and Beyond. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197533154.003.0003.

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This chapter examines Section 313 of the Fourth Restatement of the Foreign Relations Law, regarding “Authority to Suspend, Terminate, or Withdraw from Treaties.” That provision states that “according to established practice, the president has the authority to act on behalf of the United States in suspending or terminating U.S. treaty commitments and in withdrawing the United States from treaties.” While the reporters cautioned that this section currently applies only to Article II treaties, one of them recently wrote that “if presidents do have the legal authority to withdraw from Article II t
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Garner, Oliver. "Brexit." In Constitutional Disintegration and Disruption. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198914136.003.0006.

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Abstract This chapter presents the Brexit case study as a narrative of disintegration. It starts by considering whether Article 50 TEU now functions as the exclusive means for withdrawal excluding alternative methods utilizing international and/or national law. The chapter proceeds with an explanation of the operation of each provision of the withdrawal clause chronologically during the Brexit process from 2016 to 2020. This starts by considering the UK’s realization of ‘constitutional requirements’ in Article 50(1) through Acts of Parliament and the famous Miller litigation. The next section
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Conference papers on the topic "Unilateral Withdrawal"

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Lapsa, Jānis. "Dzīvojamās telpas īres līguma termiņš." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.14.

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Residential tenancy agreement must be signed for a certain period of time, and the law does not prevent agreeing on the extension of the contract. The terms of the rental agreement must comply with the existing practice in civil law circulation and they cannot be excessively short or long. At the end of the transition period from open-ended rental agreements to fixed-term rental agreements, amendments to the law should be considered, as is the case elsewhere in foreign countries, allowing open-ended rental agreements with the right of unilateral withdrawal by either party within a reasonable p
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Kārkliņš, Jānis. "Pasūtītāja atteikšanās no piegādes līguma." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.04.

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The Latvian Civil Law provides for a strict rule regarding the binding force of a contract. The basic rule is that no one has the right to withdraw from the contract due to difficulties in performing the contract at a later date, nor may the withdrawal from the contract take place because the other party is not performing the contract. Thus, the principle of pacta sunt servanda is enshrined in Latvian contract law. However, there are certain provisions in the Civil Law that allow a party to unilaterally withdraw from the contract, if the other party does not comply with it or there are other c
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