Везде
The Conclusion and Denunciation of International Treaties: The Evolution of Constitutional Models
Table of contents
Abstract Estimate Publication content
References Comments
Share
QR
Metrics
The Conclusion and Denunciation of International Treaties: The Evolution of Constitutional Models
Abstract
PII
S1991-32220000622-3-1
DOI
10.61205/S199132220029450-1
Publication type
Article
Status
Published
Authors
Mikhail Lobov 
Occupation: Judge
Affiliation: Constitutional Court of the Russian Federation
Address: Saint Petersburg, Russia
Edition
Volume 20 No. 1
Pages
23-31
Abstract

The article deals with new trends in the law of treaties that are prompted by the current disintegration developments in the international relations. The rise of treaty-making activities in the second half of 20th century and the unprecedented institutionalisation of the international relations leave way to a new phase in which States are losing trust in the international institutions they had put in motion. As a result, the theme of exiting international treaties becomes of great current interest.

The conclusion and denunciation of an international treaty are construed as two equally significant acts in the exercise of State sovereignty. However, these are not always symmetrically reflected in the underlying constitutional frameworks. The purpose of the present study is to analyse the constitutional models of conclusion and denunciation of treaties and their evolution in the comparative perspective.

The study has been guided by the comparative and historical legal methods. The comparative overview of the constitutional models in the countries of Europe, the Eurasian Economic Union, BRICS, and some others including the USA reveals strengths and weaknesses in the constitutional regulations governing the conclusion and denunciation of treaties.

The article demonstrates the existence of “asymmetric” national procedures that apply to the ratification of treaties on the one hand, and to their denunciation on the other, and possible legal consequences of that constitutional model. Arguments are advanced in favour of the “symmetric” model, which allows for participation of national parliaments in both the ratification and denunciation of treaties. Special attention has been paid to the ways of coping with various legal consequences of the denunciation of treaties, thus highlighting the significance of this process in the current circumstances. The need for systemic rethinking of the interaction between the denunciation of treaties and the continuous development of the domestic legal order has also been emphasised.

Keywords
international treaty, constitutional framework, ratification, denunciation, desintegration
Date of publication
26.02.2024
Number of purchasers
6
Views
108
Readers community rating
0.0 (0 votes)
Cite Download pdf
1

References



Additional sources and materials

1. Bradley C. A. Treaty Termination and Historical Gloss. Texas Law Review, 2014, vol. 92, pp. 773—835. 
2. Hathaway O. A. Treatiesʼ End: The Past, Present, and Future of International Lawmaking in the United States. Yale Law Journal, 2008, vol. 117, pp. 1236—1372. 
3. Helfer L. R. Exiting Treaties. Virginia Law Review, 2005, vol. 91, pp. 1579—1648. 
4. Hessel V. J. Founding-Era Jus Ad Bellum and the Domestic Law of Treaty Withdrawal. Yale Law Journal, 2016, vol. 125, pp. 2394—2444. 
5. Koremenos B., Nau A. Exit, No Exit. Duke Journal of Comparative and International Law, 2010, vol. 21, iss. 1, pp. 81—119. 
6. Waldock H. Second Report on the Law of Treaties by Sir Humphrey Waldock. International Law Commission Yearbook, 1963, vol. 2, pp. 36—94. 
7. Woolaver H. From Joining to Leaving: Domestic Law’s Role in the International Legal Validity of Treaty Withdrawal. European Journal of International Law, 2019, vol. 30, no. 1, pp. 73—104. 
8. Vereshchetin V. S. “A Common Legal Space” of the Modern World. Sovetskiy zhurnal mezhdunarodnogo prava, 1991, no. 3-4, pp. 3—17. (In Russ.) 
9. Lukashuk I. I. The Modern Law of International Treaties. Vol. II. Moscow, 2006. 483 p. (In Russ.) 
10. Petrovskiy V. F. International Law and the Modern World. Sovetskiy zhurnal mezhdunarodnogo prava, 1991, no. 1, pp. 9—16. (In Russ.) 
11. Kapustin A. Ya. (ed.). Modern Concept of Interpretation of International Treaties. Moscow, 2022. 432 p. (In Russ.)

Comments

No posts found

Write a review
Translate