条约单方退出的国际法律规制的完善——从美国退出《巴黎协定》谈起

国家单方退出条约行为近年来屡屡发生且具有任意性，这在很大程度上影响了国际法律秩序的稳定性。现行有关条约退出的国际法律规制存在缺陷，不能对条约单方退出行为进行合理有效的限制。条约单方退出不仅要符合条约中的退出条款，同时也要受条约必须信守、诚信原则、国际合作等国际法基本原则的限制。为完善对于条约单方退出行为的国际法律规制，应明确条约退出权的权利基础及其限制，严格条约单方退出的要求，理清单方退出的法律责任，并加强应对不正当单方退出行为的国际合作。

Improving International Legal Regulation of Unilateral Treaty Withdrawal -Starting from the Withdrawal of the US from the Paris Agreement

There have been increasingly more instances in recent years where states withdraw from a treaty unilaterally and in an arbitrary manner. This could impact to a large extent on the stability of international legal order,and harm the cooperation and efforts of international community on various significant global issues. Due to its defects in several aspects,current international legal regime concerning treaty withdrawal is incapable of reasonably and effectively restricting unilateral withdrawal actions. Moreover,implementing international responsibility resulting from unilateral treaty withdrawal is of immense difficulty. There is also a lack of clarity as to the rules regarding withdrawal from a treaty which has been signed but not come into effect. Unilateral treaty withdrawal must comply with not only the relevant treaty provisions,but also abide by fundamental principles of international law,including the principle of pacta sunt servanda,good faith,international cooperation,etc. For the purpose of improving the international regulation on unilateral treaty withdrawal,it is essential to define the foundation and limits of treaty withdrawal rights,strengthen the requirements and clarify the responsibilities for unilateral withdrawal,and promote the international cooperation on dealing with illegitimate unilateral treaty withdrawal actions.