Publication date: 09.07.2024
Legal regulation of international agreements
Introduction
International agreements are the basis of legal relations between states and international organizations. They define the rules and principles of cooperation in various fields, including trade, security, environment, human rights and other areas. Legal regulation of international agreements is based on the national legislation of the participating states, international treaties and conventions. In this article, we will consider the main principles, regulations and procedures governing the conclusion, execution and termination of international agreements.
Basic principles of legal regulation of international agreements
The legal regulation of international agreements is based on several basic principles that ensure the efficiency and stability of international relations:
Theprinciple of sovereign equality of states. All states are equal in international law and have the same rights and obligations to enter into and perform international agreements.
Theprinciple of compliance with obligations. States are obliged to fulfill their obligations under international agreements in good faith, in accordance with the principle of "pacta sunt servanda" (treaties must be honored).
Theprinciple of non-interference in internal affairs. International agreements should not violate the sovereignty of states and interfere in their internal affairs, except as provided for by international law.
Theprinciple of peaceful settlement of disputes. Disputes arising in connection with the conclusion or implementation of international agreements should be resolved peacefully, through negotiations, mediation, arbitration or judicial procedures.
Theprinciple of international cooperation. States should cooperate within the framework of international agreements to achieve common goals and solve global problems.
Key regulations
The legal regulation of international agreements is based on a number of regulations, among which the key ones are
TheVienna Convention on the Law of Treaties of 1969. This convention defines the general rules for the conclusion, execution, interpretation and termination of international treaties, which are binding on the states parties.
National constitutions and laws on international treaties. The constitutions and national laws of the participating states determine the procedures for concluding, ratifying and implementing international agreements at the national level.
International treaties and conventions. States conclude international treaties and conventions that regulate specific aspects of international relations, such as trade, security, environment, human rights and other areas.
Resolutions and decisions of international organizations. International organizations, such as the UN, WTO, and EU, adopt resolutions and decisions that regulate the implementation of international agreements and the obligations of member states.
The procedure for concluding international agreements
The procedure for concluding international agreements includes several main stages:
Negotiations. States negotiate to agree on the terms of an international agreement, define the main provisions and principles of cooperation. Negotiations can be conducted bilaterally or multilaterally, depending on the nature of the agreement.
Signing of the agreement. After reaching an agreement on the terms of the agreement, the states sign a document confirming their intention to enter into the agreement. The agreement may be signed by heads of state, government or authorized representatives.
Ratification. After the agreement is signed, it is subject to ratification in accordance with the national procedures of the participating states. Ratification is a formal confirmation of the state's consent to be bound by the agreement. In Ukraine, ratification is carried out by the Verkhovna Rada.
Entryinto force of the agreement. The agreement enters into force after all the necessary ratification procedures are completed and the instruments of ratification are exchanged between the states parties. The date of entry into force may be specified in the document itself or may depend on the fulfillment of certain conditions.
Registration of the agreement. According to the UN Charter, all international agreements must be registered with the UN Secretariat. Registration of an agreement ensures its publication and official recognition in international law.
Implementation of international agreements
The implementation of international agreements is a key stage that ensures the achievement of the agreement's objectives and compliance with the obligations assumed. The main aspects of the implementation of international agreements include:
Implementation into national legislation. Member states must ensure that their national legislation complies with the provisions of the international agreement. This may include the adoption of new laws, amendments to existing regulations, or the issuance of administrative orders.
Monitoring of implementation. States parties and international organizations monitor the implementation of international agreements, ensuring compliance with the obligations assumed and timely resolution of emerging issues.
Reporting. States parties are obliged to submit reports on the implementation of international agreements, including information on measures taken, results achieved and problems encountered during implementation.
Dispute resolution. In the event of disputes regarding the implementation of international agreements, states parties must use peaceful means of dispute resolution, such as negotiations, mediation, arbitration or judicial procedures.
Termination of international agreements
International agreements may be terminated or amended due to various circumstances. The main ways to terminate international agreements include:
Fulfillment of the terms of theagreement. The agreement may be terminated upon fulfillment of all its terms and conditions and achievement of the established objectives.
Expiration of theterm. An agreement may be terminated upon the expiration of its validity period, if such period is specified in the document itself.
Denunciation of the agreement. A state party may denounce an agreement, i.e., officially declare its intention to cease participation in it. The denunciation is carried out in accordance with the procedures provided for in the agreement.
Termination of theagreement. An agreement may be terminated by agreement of all states parties or as a result of a breach of its terms by one of the parties. Termination of the agreement may also be the result of fundamental changes in circumstances that significantly affect the ability to fulfill the agreement.
Recognition of the agreement as invalid. An agreement may be declared invalid in case of violation of the basic principles of international law, fraud, coercion or mistake in the course of its conclusion.
International aspects of legal regulation of international agreements
The legal regulation of international transactions is international in nature, and many states use international standards and best practices in their activities. The main international aspects of legal regulation of international transactions include:
International standards and recommendations. States use international standards and guidelines developed by international organizations such as the UN, WTO, and EU to ensure high quality and efficiency of international transactions.
International cooperation. States cooperate with international organizations and other states to coordinate efforts and solve global problems, such as climate change, the fight against terrorism, trade development, and others.
Settlement ofinternational disputes. International disputes regarding the conclusion, execution or termination of international agreements can be resolved through international arbitration or judicial bodies such as the International Court of Justice, the WTO and others.
Conclusion.
The legal regulation of international agreements is an important tool for ensuring stability and development of international relations, cooperation between states and solving global problems. It includes the regulatory framework, procedures for concluding, executing and terminating international agreements, rights and obligations of the participating states, as well as dispute resolution mechanisms in this area. Effective legal regulation contributes to the development of the global economy, increases the level of trust in international agreements and ensures a stable legal environment for interaction between states and international organizations.
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