Евразийская интеграция: экономика, право, политика (Sep 2019)
International Treaties and Jurisdiction of States in Modern Geopolitical Conditions
Abstract
The Vienna Convention on the Law of International Treaties of 1969 over the fi fty years of its existence has become a symbol of the international legal order where the rule of law enshrined in multilateral agreements is dominant. The obligation of international treaties provisions, however, is constantly in doubt, as in the context of globalization, developed states adhere to their international obligations not under the fear of political sanctions, such as retorts and reprisals, but because of the need to maintain high reputation and authority on the international political field. The rationality of international agreements implementation at the national level is often criticized for the reason that, firstly, certain international obligations have become obsolete, and, secondly, any contractual limitation of state sovereignty is intended to achieve economic and/or political goals. Obviously, a unilateral withdrawal of a state from an international treaty is possible only on previously agreed terms, but the usual practice of fulfilling international obligations demonstrates that the content of the principle of pactasunt servanda depends largely on the interpretation of international law, dictated by the doctrine of constitutional justice and legislative policy of sovereign power.