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The Principle of Pacta Sunt Servanda in Modern Conditions (Experience of Post-Soviet States)
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The Principle of Pacta Sunt Servanda in Modern Conditions (Experience of Post-Soviet States)
Abstract
PII
S1991-32220000622-3-1
DOI
10.12737/jzsp.2023.041
Publication type
Article
Status
Published
Authors
Rafat Garagurbanli 
Occupation: Postgraduate Student
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 19 No. 3
Pages
126-134
Abstract

The article attempts to investigate the application of the pacta sunt servanda principle in modern conditions and analyze its implementation on the example of the European Convention for the Protection of Human Rights and Fundamental Freedoms as a special type of international treaty. The European Commission for Democracy through Law (Venice Commission) at the 130th plenary session on March 18, 2022 approved the report “On internal procedures for the ratification and denunciation of international treaties”, which also encourages a return to the legal and practical aspects of the pacta sund servanda principle.

The research methodology is based on the dialectical method. The use of general scientific and private scientific methods of scientific cognition, in particular descriptive, formal-legal, systematic methods, the method of analysis allowed us to investigate the issues under consideration holistically and comprehensively.

The study of the pacta sunt servanda principle in modern conditions on the example of the above-mentioned Convention as a special type of international treaty has shown that at this stage this principle is not fulfilled unconditionally by all States, as the very essence of the principle in question suggests. One can try to justify this fact by the current difficult international situation, when, in conditions of mutual distrust of States, the unconditional priority of international law is called into question, but it is obvious that non—compliance by States parties to an international treaty by virtue of the pacta sunt servanda principle leads to a decrease in guarantees for the implementation of international treaties and objectively erodes the fundamental provisions of international law.

Keywords
international law, international treaty, principle pacta sunt servanda, European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights, implementation
Date of publication
13.06.2023
Number of purchasers
12
Views
172
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0.0 (0 votes)
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1.	Gurbanov R. A. The execution of court decisions in the post-soviet states (comparative — legal analysis). Probely v rossiyskom zakonodatel'stve, 2015, no. 3, pp. 184—186. (In Russ.)
2.	Harris D., O'Boyle M., Warbrick C. Law of the Europian Convention on Human Rights. Translated from English. Ed. by A. I. Kovler. Moscow, 2016. 1432 p. (In Russ.)
3.	Huseynov L. G. Reservations: the need to establish a special regime for international human rights treaties. Moskovskiy zhurnal mezhdunarodnogo prava. 1999, no. 4, pp. 98—106.
4.	Huseynov L. G. Responsibility of States for violations of contractual obligations in the field of human rights (on the example of the European Convention for the Protection of Human Rights and Fundamental Freedoms). Moskovskiy zhurnal mezhdunarodnogo prava. 1998, no. 1, pp. 140—168. (In Russ.)
5.	Kapustin A. Y., Balkhaeva S. B. Constitution and International Law: A New Model of Interaction. Lex Russica. Lex russica, 2022, no. 4(185), pp. 117—127. (In Russ.)
6.	Kovler A. I. Criterion of a Fair Trail: International Standards and Its Implementation by National Justice. Journal of Foreign Legislation and Comparative Law, 2017, no. 1, pp. 21—25. (In Russ.) DOI: 10.12737/24282.
7.	Kovler A. I. Evolutive Interpretation of the European Convention on Human Rights: Possibilities and Limits. The European Court of Human Rights as a Subject of Interpretation of Law. Journal of Foreign Legislation and Comparative Law, 2016, no. 3, pp. 92—100. (In Russ.) DOI: 10.12737/20582.
8.	Lazarev V. V. (ed.). Implementation of the Judgments of the European Court of Human Rights in the Russian Legal System: concepts, legal approaches and practice. Moscow, 2019. 416 p. (In Russ.)
9.	Lukashevich V. A. Problems of implementation. Russian Yearbook of the European Convention on Human Rights. Moscow, 2017. Iss. 3. (In Russ.)
10.	Nussberger A. European Court of Human Rights. Translated from English. Moscow, 2022. 260 s. (In Russ.)
11.	Shugart M. S. Comparative Executive—Legislative Relations. The Oxford Handbook of Political Institutions / Binder S. A., Rhodes R. A. W., Rockman Bert A. (eds). Oxford; New York, 2008.
12.	Tiunov O. I., Kashirkina A. A., Morozov A. N. The influence of international law on the development of legislation. Journal of Russian Law, 2010, no. 6, pp. 35—44. (In Russ.)
13.	Vinogradova P. A. The procedure for resolving conflicts of constitutional and conventional interpretation. Rossiyskaya yustitsiya, 2015, no. 11, pp. 30—33. (In Russ.)

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