Everyone has had that moment when they knew that a particular thing, idea, person, plan, etc. was no longer a good idea. Leaving or ending the situation would be difficult, but it had to be done and the consequences would just have to be dealt with. Though rare, the same thing can happen with treaties and international agreements. It could be a change in economics, politics, technology, or any number of factors that brings about the need for change. Consequences for terminating the agreement will be inevitable.
Restatement (Third) of the Foreign Relations Law of the United States, section 339 (1987) states that the President has the power:
(a) to suspend or terminate an agreement in accordance with its terms;
(b) to make the determination that would justify the United States in terminating or suspending an agreement because of its violation by another party or because of supervening events, and to proceed to terminate or suspend the agreement on behalf of the United States; or
(c) to elect in particular case not to suspend or terminate an agreement.
Read Laurence Helfer’s article on terminating treaties and analyze all that goes into and flows from terminating a treaty.
Once you have read the article, pick a treaty to which the U.S. is currently a party and argue why we should withdraw from it and how it would be done under the terms of the agreement itself. Critique the termination provision or clause and review the legal effects of the U.S.’s exit. Write the paper as though you are a presidential legal advisor.
Use current APA Style formatting for your written assignment, citations, and references. Write between 1,000-1,250 words.
Save your assignment using a naming convention that includes your first and last name and the activity number (or description). Do not add punctuation or special characters. Refer to the Written Essay Rubric for detailed grading criteria.
Note: This assignment will automatically be checked through Turnitin, a service that checks your work for improper citation or potential plagiarism by comparing it against a database of web pages, student papers, and articles from academic books and publications.