[20021231]RS21088_退出反导条约：法律考虑因素.pdf

1 TIAS 7503; 23 UST 3435 (1972).2 TIAS 8276; 27 UST 1645 (1976) (entry into force).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21088Updated December 31, 2002Withdrawal from the ABM Treaty: Legal Considerationsname redactedLegislative AttorneyAmerican Law DivisionSummaryOn December 13, 2001, President Bush gave formal notice to Russia, Belarus,Kazakhstan, and the Ukraine that the United States was withdrawing from the Anti-Ballistic Missile Treaty because of the constraints it imposes on the testing of missiledefense systems; and six months later, on June 13, 2002, the treaty effectivelyterminated. The ABM Treaty has been in force since 1972. Pertinent legal questionsthat have been raised about U.S. withdrawal concern whether the treaty allows it; if so,the procedure to be followed; and, finally, the constitutionality of the President doingso unilaterally without the involvement of the Senate or Congress. This report brieflydiscusses these issues, as well as the recent federal district court decision in Kucinichv. Bush dismissing a suit by 32 members of the House challenging the constitutionalityof the Preside