Withdrawal from the United Nations
Encyclopedia
Withdrawal from the United Nations by member states is not provided for in the United Nations Charter
. According to the Government Information Office
of the Republic of China
(Taiwan):
The ROC holds this opinion against the fact of its removal from the UN to make way for the People's Republic of China
. See China and the United Nations
.
Nevertheless, under customary international law
, there exists the principle of rebus sic stantibus, or "things standing thus." Under this principle, a state may withdraw from a treaty which has no withdrawal provisions only if there has been some substantial unforeseen change in circumstances, such as when the object of the treaty becomes moot or when a material breach is committed by a treaty party. Rebus sic stantibus has been narrowly construed (although not referred to by name) in Articles 61 and 62 of the Vienna Convention on the Law of Treaties
. Therefore, under either customary international law or the Vienna Convention, it is unlikely that a state may unilaterally withdraw from the UN unless some fundamental change has occurred.
, which had been one of the 51 original members of the UN, joined with Egypt
to form the United Arab Republic
and thus gave up its separate representation in the UN. Upon its secession from the United Arab Republic in 1961, Syria resumed its separate membership. This is probably not a true instance of a withdrawal since it can be argued that during the period from 1958-1961 Syria did continue to have UN representation, but as part of the United Arab Republic.
was the first member to attempt to withdraw from the UN. On New Year's Day, 1965, Indonesia, due to a feud with the new Federation of Malaysia, announced that it would withdraw from the UN if Malaysia were to take a seat on the Security Council. Three weeks later, Indonesia officially confirmed its withdrawal in a letter to the Secretary-General, who merely noted the decision and expressed hope that Indonesia would soon "resume full cooperation" with the organization. After a coup later that year, Indonesia sent a telegram to the Secretary-General saying the country would "resume full cooperation with the UN and... resume participation in its activities." Pointing to the telegram as proof that Indonesia saw its absence from the UN as a "cessation of cooperation" rather than a true withdrawal, the General Assembly's president recommended that the administrative procedure for reinstating Indonesia be taken with a minimum of fuss. No objections were raised, and Indonesia immediately resumed its place in the General Assembly. Thus, the questions raised by the first case of withdrawal from the UN were resolved by treating it as if it had not been a withdrawal after all.
by Rep. Ron Paul
in 2005. Such measures have failed to pass by large margins.
Although the United Nations has been criticized by many public figures in the United States, most Americans favor membership in the United Nations, and also believe that the organization should be strengthened.
Organizations supporting U.S. withdrawal from the UN include:
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
. According to the Government Information Office
Government Information Office
The Government Information Office is a cabinet-level agency of the Executive Yuan of the Republic of China in charge of promoting government policies and regulating domestic media.-History:...
of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
(Taiwan):
- The U.N. Charter deliberately made no provision for the withdrawal of member governments, largely to prevent the threat of withdrawal from being used as a form of political blackmail, or to evade obligations under the Charter. JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
’s withdrawal from the League of Nations in March, 1933 (to signal its repudiation of the League’s condemnation of Japan’s invasion of China) was very much on the minds of the Charter’s drafters. (The other two major Axis powersAxis PowersThe Axis powers , also known as the Axis alliance, Axis nations, Axis countries, or just the Axis, was an alignment of great powers during the mid-20th century that fought World War II against the Allies. It began in 1936 with treaties of friendship between Germany and Italy and between Germany and...
, GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and ItalyItalyItaly , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, also withdrew from the League.) Some have questioned, therefore, whether it is even permissible for Members to withdraw from the U.N. The only other example of an effort to withdraw — by IndonesiaIndonesiaIndonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
in 1965 — actually tends to show that withdrawal, at least in the short term, has no force or effect.
The ROC holds this opinion against the fact of its removal from the UN to make way for the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. See China and the United Nations
China and the United Nations
China's seat in the United Nations and membership of the United Nations Security Council was originally occupied by the Republic of China since October 24, 1945. During the Chinese Civil War, the Communist Party of China repelled the government of the ROC from Mainland China to the island of...
.
Nevertheless, under customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
, there exists the principle of rebus sic stantibus, or "things standing thus." Under this principle, a state may withdraw from a treaty which has no withdrawal provisions only if there has been some substantial unforeseen change in circumstances, such as when the object of the treaty becomes moot or when a material breach is committed by a treaty party. Rebus sic stantibus has been narrowly construed (although not referred to by name) in Articles 61 and 62 of the Vienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
. Therefore, under either customary international law or the Vienna Convention, it is unlikely that a state may unilaterally withdraw from the UN unless some fundamental change has occurred.
Syrian withdrawal
In 1958, SyriaSyria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
, which had been one of the 51 original members of the UN, joined with Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
to form the United Arab Republic
United Arab Republic
The United Arab Republic , often abbreviated as the U.A.R., was a sovereign union between Egypt and Syria. The union began in 1958 and existed until 1961, when Syria seceded from the union. Egypt continued to be known officially as the "United Arab Republic" until 1971. The President was Gamal...
and thus gave up its separate representation in the UN. Upon its secession from the United Arab Republic in 1961, Syria resumed its separate membership. This is probably not a true instance of a withdrawal since it can be argued that during the period from 1958-1961 Syria did continue to have UN representation, but as part of the United Arab Republic.
Indonesian withdrawal
IndonesiaIndonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
was the first member to attempt to withdraw from the UN. On New Year's Day, 1965, Indonesia, due to a feud with the new Federation of Malaysia, announced that it would withdraw from the UN if Malaysia were to take a seat on the Security Council. Three weeks later, Indonesia officially confirmed its withdrawal in a letter to the Secretary-General, who merely noted the decision and expressed hope that Indonesia would soon "resume full cooperation" with the organization. After a coup later that year, Indonesia sent a telegram to the Secretary-General saying the country would "resume full cooperation with the UN and... resume participation in its activities." Pointing to the telegram as proof that Indonesia saw its absence from the UN as a "cessation of cooperation" rather than a true withdrawal, the General Assembly's president recommended that the administrative procedure for reinstating Indonesia be taken with a minimum of fuss. No objections were raised, and Indonesia immediately resumed its place in the General Assembly. Thus, the questions raised by the first case of withdrawal from the UN were resolved by treating it as if it had not been a withdrawal after all.
U.S. withdrawal
H.R. 1146, the American Sovereignty Restoration Act, a bill to end U.S. membership in the UN, was introduced in the United States House of RepresentativesUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
by Rep. Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
in 2005. Such measures have failed to pass by large margins.
Although the United Nations has been criticized by many public figures in the United States, most Americans favor membership in the United Nations, and also believe that the organization should be strengthened.
Organizations supporting U.S. withdrawal from the UN include:
- John Birch SocietyJohn Birch SocietyThe John Birch Society is an American political advocacy group that supports anti-communism, limited government, a Constitutional Republic and personal freedom. It has been described as radical right-wing....
- Constitution PartyConstitution Party (United States)The Constitution Party is a paleoconservative political party in the United States. It was founded as the U.S. Taxpayers' Party by Howard Philips in 1991. Phillips was the party's candidate in the 1992, 1996 and 2000 presidential elections...