Belozertsev S.M. —
Some aspects of ensuring the fulfillment of the terms of international treaties
// International Law. – 2024. – ¹ 2.
– P. 41 - 53.
DOI: 10.25136/2644-5514.2024.2.70141
URL: https://en.e-notabene.ru/wl/article_70141.html
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Abstract: International relations based on international treaties face the problem of states fulfilling their obligations. Fulfillment of obligations is the foundation of contractual legal relations, which is secured by responsibility of various kinds and types. The stability of international relations is extremely important, first of all, for maintaining peace, which imposes additional moral obligations on states. The principle of good faith in the fulfillment of international obligations covers many aspects of a moral and ethical nature; it is on the principle of good faith that, for the most part, the fulfillment of the terms of international treaties is based. This scientific article provides an analysis of the criteria for assessing the conscientious behavior of an entity in the fulfillment of international obligations, and identifies existing guarantees for the conscientious execution of international treaties.
The study made it possible to determine some aspects of ensuring compliance with the terms of international treaties. The foundation for the fulfillment of international obligations is the principle of good faith, which is one of the guarantees of the implementation of international treaties. Conscientious fulfillment of the obligation is also supported by certain measures, together they ensure the fulfillment of international obligations by states. The principle of fair execution of international treaties is enshrined with an indication of the consequences of non-compliance with it, but clear criteria for assessing the good faith behavior of an entity are not normatively designated, which excludes a formal approach to assessing good faith and thereby is a kind of guarantee of fair execution of international treaties. There are other elements that ensure the conscientious execution of international treaties, these include: the procedure for concluding international treaties, the definition of its conditions, international control and surveillance, the state of the domestic legislation of any state.
Belozertsev S.M. —
Nuclear Disarmament: Some Aspects of International Legal Regulation
// International Law. – 2023. – ¹ 1.
– P. 61 - 69.
DOI: 10.25136/2644-5514.2023.1.39177
URL: https://en.e-notabene.ru/wl/article_39177.html
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Abstract: The subject of the study of this article is some aspects of the problem of nuclear disarmament, which are highlighted, among other things, from the perspective of the ongoing military special operation in Ukraine. The history of the creation of the nuclear disarmament regime is traced. The main documents regulating the procedure of nuclear disarmament are characterized. The ways of strengthening and finding a compromise in the issues of nuclear disarmament in the world have been identified. The analysis of the problem of nuclear disarmament, which is at the center of international relations and is relevant in the theory of international law, is given. The author has studied the international legal regulation of nuclear disarmament, identified its problematic aspects. The main documents in the field of legal regulation of nuclear disarmament are the Treaties on the Non-Proliferation of Nuclear Weapons, the Comprehensive Nuclear Test Ban Treaty, as well as the International Monitoring System created for its implementation. The existing international legal system of control over nuclear disarmament, non-nuclear testing, and the use of atomic energy exclusively for peaceful purposes does not always prove its effectiveness, as a result of which countries with unstable political situation possess nuclear weapons, which entails an additional threat to the world community. As a result of the analysis, it was concluded that the current system of international monitoring of nuclear tests and the system of international regulation of nuclear disarmament need to be modernized in order to eliminate the threat of proliferation and use of nuclear weapons. Currently, the development of technologies for the enrichment of radioactive substances, the emergence of new threats and other factors create significant obstacles to the preservation of the nuclear disarmament regime.