The Anti-Ballistic Missile Treaty Debate: Time for Some Clarification of the President's Authority to Terminate a Treaty

Authors

Joshua P. O'Donnell

First Page

1601

Abstract

This Note explores the legal issues surrounding a president's legal authority to unilaterally withdraw from a treaty. This Note argues that, while international legal issues surrounding treaty termination are not controversial, the domestic legal issues surrounding the president's authority to terminate a treaty are heavily disputed. An analysis of these domestic legal issues does not resolve the controversy. Instead, this Note argues that a functional analysis is required. This functional analysis reveals that the president should have the power to unilaterally terminate a treaty because it maintains foreign policy effectiveness. The Note then argues that the Senate, which informally recognizes this presidential power, should recognize it formally through a Senate resolution.

Recommended Citation

Joshua P. O'Donnell, The Anti-Ballistic Missile Treaty Debate: Time for Some Clarification of the President's Authority to Terminate a Treaty, 35 Vanderbilt Law Review 1601 (2021)
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol35/iss5/4