CEU Electronic Theses and Dissertations, 2023
| Author | Morales Sallani, Joao Victor |
|---|---|
| Title | Presidential powers for unilateral withdrawal from international agreements in the Americas |
| Summary | This thesis explores the regulation of foreign affairs powers under constitutional and international law, with a focus on the termination of and withdrawal from international agreements in presidential systems in the American continent. It demonstrates the existence of an imbalance between constructive and deconstructive foreign affairs powers, and points to the effects of such imbalance. This exploration leads to the identification of different constitutional approaches to presidential foreign affairs powers in the American continent, with attention to the outcomes and challenges identified in each model. As most American countries do not establish clear constitutional provisions for parliamentary participation in the withdrawal and termination of international agreements, this work takes the United States and Brazil as case studies on the development of institutional mechanisms for overcoming constitutional uncertainty. Finally, this thesis explores the constitutional consequences of the imbalance upon domestic separation of powers and its effects on the stability of the international order. |
| Supervisor | Böckenförde, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/morales-sallani_joao.pdf |
Visit the CEU Library.
© 2007-2021, Central European University