Diritto internazionale e diritto interno nel recesso unilaterale dai trattati

While a lot of attention has been devoted in the past to the dynamics of treaty-making power in international and domestic law, much less focus has been given (with few exceptions) to treaty withdrawal. In recent years, several cases of unilateral treaty withdrawal in various situations have been registered; references to treaty withdrawal have been made in domestic law, in particular in constitutions; issues concerning the relationship between international and domestic law in treaty exit have been raised by scholars and in judicial decisions. Even if the executive maintains – as it happens in treaty-making – a prominent role in treaty withdrawal, legislative and judicial branches also contribute to shape states’ will in this regard, especially when treaty exit affects individual rights or modifies the domestic system of legal sources. The wider participation of all a state’s powers in treaty withdrawal, within their respective competences, could preserve the state’s option of exiting treaties while favoring a more balanced approach in line with the fundamental principles of international cooperation, good faith, and respect for international conventional commitments.