REFLECTING ON EUROPE’S (DIS)ORDER: SCENARIOS FOR THE EU’S FUTURE | EURINT 2018 BREXIT AND THE INTERNATIONAL LAW ON TREATY WITHDRAWAL Carmen MOLDOVAN * Abstract The 2016 unprecedented decision of the United Kingdom to leave the European Union has deep implications at many levels and raises several legal questions. These are to be analysed in the context of general rules on international treaty withdrawal established by the 1969 Vienna Convention on the Law of Treaties and the international customary law. At the same time, such an analysis should consider the specific features of the European Union as an international legal entity and the implications of the conditions set out in Article 50 of the Treaty on the European Union. The analysis presents theoretical and practical interest for many reasons, due to the unique character of this situation. This paper will not focus on political issues, it will engage in analysing the effects of the withdrawal notification in the context of the general rules of international law of treaties in this matter. Keywords: withdrawal, agreement, negotiations, legal obligations Introduction Withdrawal from an international treaty constitutes a way of its termination (Aust, 2010, p. 95) and the ending of the treaty obligations incumbent to that Member State (Helfer, 2012, p. 634), depending on the unilateral act of a Member State. From the perspective of international law, treaty withdrawal must be seen as an exception, an ultima ratio in the life of an international treaty. However, States are, in a practical sense, always free to leave an international treaty (Meyer, 2010, p. 393). According to the common rule in this matter represented by Article 42 (2) from the 1969 Vienna Convention on the law of Treaties: „The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of the application of the provisions of the treaty or of the present Convention. The same rule applies to suspension of the operation of a treaty”. On general terms, Article 54 of the 1969 Vienna Convention on the Law of Treaties states that termination of an international treaty by withdrawal may take place „(a) in conformity with the provisions of the treaty; or (b) at any time by consent of all the parties after consultation with the other contracting States.” * Carmen MOLDOVAN is lecturer PhD at Alexandru Ioan Cuza University of Iasi, Romania; e-mail: carmen.moldovan@uaic.ro.