The article examines the recent practice of African States withdrawing from international treaties, intending to highlight its most notable aspects, particularly those that diverge from relevant international law and practice. The analysis demonstrates, first and foremost, that several distinctive practices in Africa concerning withdrawal are frequently directed at preserving the continuity and stability of the international obligations undertaken by the States of the continent. This approach is evident in continental trends that explicitly recognize the right to revoke a withdrawal or that vest the power to withdraw in parliamentary bodies. Other African practices have also been identified, such as those promoting the termination of treaties concluded with former colonial powers. In this regard, the African practice of ‘collective withdrawal’ becomes relevant. Notably, the study has shown that ‘collective withdrawal’ can be considered as a reaction to the enduring forms of legal imperialism, through which African States are also challenging the limits provided for by the international law of treaties.
The African states’ practice of withdrawal in the light of the international law of treaties / Zuccari, Luigi. - In: EUROPEAN JOURNAL OF LEGAL STUDIES. - ISSN 1973-2937. - 17:2(2026), pp. 126-164. [10.2924/EJLS.2026.005]
The African states’ practice of withdrawal in the light of the international law of treaties
Luigi Zuccari
2026
Abstract
The article examines the recent practice of African States withdrawing from international treaties, intending to highlight its most notable aspects, particularly those that diverge from relevant international law and practice. The analysis demonstrates, first and foremost, that several distinctive practices in Africa concerning withdrawal are frequently directed at preserving the continuity and stability of the international obligations undertaken by the States of the continent. This approach is evident in continental trends that explicitly recognize the right to revoke a withdrawal or that vest the power to withdraw in parliamentary bodies. Other African practices have also been identified, such as those promoting the termination of treaties concluded with former colonial powers. In this regard, the African practice of ‘collective withdrawal’ becomes relevant. Notably, the study has shown that ‘collective withdrawal’ can be considered as a reaction to the enduring forms of legal imperialism, through which African States are also challenging the limits provided for by the international law of treaties.| File | Dimensione | Formato | |
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