Historical practice supports the conclusion that the President can unilaterally withdraw the United States from treaties which an earlier President joined with the advice and consent of two-thirds of the Senate, at least as long as this withdrawal is consistent with international law. This Article considers a further question that to date is deeply underexplored. This is: does the original Senate resolution of advice and consent to a treaty remain effective even after a President has withdrawn the United States from a treaty? I argue that the answer to this question is yes, except in certain limited circumstances. This answer in turn has important consequences. It means that, as a matter of U.S. domestic law, a future President can rejoin treaties without needing to return to the Senate for advice and consent. The Article concludes by situating this claim within a broader account of the distribution of foreign affairs powers.
Foreign relations & constitutional law, separation & distribution of foreign affairs powers, treaty formation & withdrawal, advice & consent resolutions, treaty rejoining
Virginia Law Review
Galbraith, Jean, "Rejoining Treaties" (2020). Faculty Scholarship at Penn Carey Law. 2182.
American Politics Commons, Constitutional Law Commons, International Law Commons, International Relations Commons, Law and Politics Commons, Legal History Commons, Legal Theory Commons, National Security Law Commons, President/Executive Department Commons, Public Law and Legal Theory Commons