Some aspects of ensuring the fulfillment of the terms of international treaties

Belozertsev Sergei Mikhailovich ORCID: 0000-0003-2143-9170 PhD in History Deputy chief of the Department of State and Legal Disciplines East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation 664074, Russia, Irkutsk region, Irkutsk, Lermontov str., 110 zuyn03@mail.ru Other publications by this author

An international treaty is one of the most productive mechanisms for regulating international relations. Currently, in an unstable political situation in the world, the role of international treaties is increasing. An international treaty is the basis for cooperation between States, which makes it possible, if not to completely eliminate existing contradictions, then to approach compromise and stability in international relations, which are so important at the present time. The norms of international treaties create a kind of foundation for the existing order in the world and the basis for the mechanism of relations between States, being not only a source of international law, but also a guarantee of peaceful cooperation between States, regardless of differences in the state and social system. The terms of any contract must be enforceable and must be fulfilled. Execution is most often based on responsibility, the execution of international treaties is complicated by the fact that the sovereignty of any State is inviolable and bringing it to responsibility is difficult, although in international law there are measures of international responsibility of States and a mechanism for bringing such responsibility.

The problem of fulfilling international obligations is not new, since ancient times, States have been trying to establish rules and guarantees for their fulfillment. For example, in Russia, international treaties (treaties between principalities) were sealed with various kinds of oaths, later "kissing the cross" ^{[1, p. 78]}. In the Middle Ages in Europe, hostages were taken, an oath was taken, a pledge or surety was given as guarantees of execution. In the XIX – XXI centuries, guarantees for the fulfillment of international obligations began to take on modern forms: international responsibility and the principle of good faith ^{[2, p. 107]}.

Our study will focus on some aspects of ensuring the enforcement of international treaties, "treaties must be executed" is one of the key principles of the UN Charter.

The Vienna Convention on the Law of Treaties, adopted on May 23, 1969, establishes the concept of an international treaty, an international treaty is an international agreement concluded between States in writing. An international treaty is recognized as such, regardless of how it is named, whether its terms are contained in one document or in several related documents. All international agreements are subject to the norms of international law. International treaties entail the establishment, modification or termination of mutual rights and obligations between the entities that have concluded them, they operate in various fields: political, economic, cultural, etc.

International treaties are concluded between States that have legal capacity, based on their provisions of the Vienna Convention, at the same time, each State has the legal capacity to conclude treaties.

The Federal Law "On International Treaties of the Russian Federation" dated 07/15/1995 No. 101-FZ contains a slightly different concept of an international treaty, according to which the Russian Federation concludes international treaties with foreign states, international organizations and other entities, thus, an international treaty can be concluded not only with a legally capable state.

It should be noted that the State in public international law is the primary entity with legal personality (legal capacity), which in most cases is considered as the ability of the State to participate in international relations, acquire rights and obligations, exercise and fulfill them, bear responsibility, and also as an element of the legal capacity of the State, the ability to faithfully fulfill the international obligations assumed obligations ^{[3, p. 37]}. It is highly controversial to include good faith as an element of the legal capacity of the state, because good faith is not a principle of the very existence of the ability of a subject to act within the legal framework when his actions will be legally significant. At the same time, such an attempt reflects the importance of good faith in the exercise of any right or duty, including on the part of the State, as a special entity.

International treaties can be concluded by a legally capable entity – a State with sovereignty, protecting its borders and its people. As we have already noted earlier, the execution of a contract is most often based on responsibility, and bringing the State to responsibility is difficult due to the peculiarities of its legal status.

The necessary guarantees for the fulfillment of international obligations are expressed in the fixed principle of good faith (Article 5 of the Federal Law "On International Treaties of the Russian Federation", Article 27 of the Vienna Convention). Good faith, being a guarantee of the fulfillment of international treaties, is fully capable of ensuring their fulfillment only in conjunction with other measures and guarantees, which, in turn, ensure the faithful fulfillment of international obligations assumed by the state, thereby achieving the implementation of one of the key principles of the UN Charter "treaties must be fulfilled". In public international law, there are many norms, regulations and rules aimed at ensuring the fulfillment of international obligations, let's explore some of them, which are devoted to the principle of good faith and measures aimed at the faithful execution of international treaties.

The principle of good faith in law is important, in our opinion, it is good faith that is one of the foundations of legal regulation in general and international law in particular ^{[4, p. 255; 5, p. 153]}. Usually, good faith is based on the moral, moral qualities of the subject, we agree that these qualities can also be applied to states ^{[6, p. 118; 7, p. 205]}.

Good faith is an evaluative and multidimensional concept, the norms of international and domestic law do not fix specific criteria for evaluating good faith, because it is assumed that good faith should be evaluated in relation to each specific case. Assessment of action (inaction) how conscientious is carried out by the law enforcement officer based on certain parameters, let's identify some of them.

Good faith implies that States fulfill their obligations without downplaying or exaggerating them ^{[8, p. 139]}. One of the aspects of good faith is the absence of abuse of the right, one's position in the performance of duty. All States are legally capable and sovereign, no State can interfere in the affairs of another, which determines the abuse of law. At the same time, sovereignty allows for the independent fulfillment of the terms of an international treaty in conjunction with international legal regulation, being another guarantee of the faithful execution of an international treaty.

It is an undeniable fact that the principle of good faith is enshrined in all States and all legal systems, which was the main reason for its consolidation in international law ^{[9, p. 76; 10, p. 101]}. The principle of good faith is fixed with an indication of the consequences of its violation, but there are no specific criteria for evaluating the conscientious behavior of subjects. Not all researchers agree with this, but in our opinion, this is correct, because it allows us to take into account many factors, circumstances, in relation to each specific case.

The conscientious fulfillment of the obligations assumed by the State means that such fulfillment will not harm the interests of another State, will not undermine the provisions of other international treaties. Conscientious behavior is the expected impeccable behavior of the participants in the relationship, according to which they respect each other's interests, provide the information necessary for execution, and do not purposefully harm each other. The principle of good faith is too vague, reflecting only the moral side, which leads to legal uncertainty in its application. We agree that vague formulations contribute to the flexibility of judicial discretion in making a decision, allow us to assess all the factors affecting the conscientious performance of an obligation in a particular case ^{[10, p. 200]}. When evaluating conscientious behavior, the decision-making body evaluates a variety of parameters (factors, aspects).

Based on the analysis, it can be concluded that the assessment of good faith behavior consists of their many aspects (parameters, factors), which leads the law enforcement officer to the correct conclusion about whether an international agreement has been faithfully executed. The absence of clear normative criteria for such an assessment of good faith, in our opinion, is one of the guarantees for ensuring the faithful execution of international treaties, because it excludes a formal approach to the assessment itself.

The following aspects of good faith and its security guarantee are loyalty, respect for law and the law, awareness of the obligations assumed, loyalty to these obligations, in addition, the absence of attempts to mislead the opposite party. A clear definition of the rights and obligations of the parties to the agreement, respect for the balance of interests of the parties, also ensures the faithful execution of such an agreement.

An international treaty has its own structure and procedure for conclusion, which in turn also guarantees its faithful execution. The procedure for concluding international treaties and its structure are enshrined in the Vienna Convention on the Law of Treaties. The Convention enshrines the norms according to which States cannot unilaterally refuse to fulfill the terms of a treaty, cannot evade the fulfillment of a treaty by establishing reservations to an international treaty, and also cannot invoke extraordinary circumstances in case of non-fulfillment of a treaty.

Unilateral refusal to perform an international treaty is permissible only on legitimate grounds that may be provided for in the treaty itself or in the Vienna Convention on the Law of Treaties, in all other cases, unilateral refusal to perform is unlawful. A reservation is one of the ways to limit the effect of an international treaty or change its effect, the right to make a reservation is an integral part of the legal capacity of each State, but reservations are carried out according to certain rules, the absence of which would obviously lead to abuse of them ^{[11, p. 69]}. The possibility to deviate from the fulfillment of the terms of an international treaty in connection with the occurrence of emergency situations on the territory of a State party is also provided for by the norms of international law, but it is unacceptable to refuse or evade the fulfillment of the treaty and is unfair.

The procedure for concluding an international treaty is fairly assessed as another guarantee of ensuring its faithful execution ^{[12, p. 71]}. An international agreement can only be concluded in writing by drawing up one document or by drawing up several related documents. A State commits a certain act by which it expresses its agreement with an international treaty and recognition of its binding force. There are several ways to express consent to be bound by the treaty for the State: to sign the treaty; to exchange the documents forming the treaty; to ratify the treaty; to accept the treaty, approve the treaty; to join the treaty, or to express consent to be bound by its terms in any other way that the States have agreed. This procedure for concluding a treaty and accepting the binding nature of its terms also ensures the faithful execution of an international treaty.

Conscientiousness in fulfilling the conditions of an international treaty by a State depends, among other things, on its internal political, economic, and social stability. As a rule, guarantees of the execution of an international agreement are contained in the agreement itself and are discussed by the parties at its conclusion. The parties consciously assume obligations and cannot invoke their domestic law to justify non-compliance with an international treaty.

Good faith in relations between States implies respect for the parties to the treaty, openness in actions performed, and not harming the interests of another. Good faith also implies reasonableness, respect for the interests not only of the parties to the treaty, but also of other States, the non-use of violence or the threat of violence, and the formation of a favorable environment in the world. It should be noted that reasonableness is also one of the aspects of good faith. The stability of the international situation depends not only on how international agreements are concluded, but also on how wisely they are implemented. Reasonable fulfillment of the terms of an international treaty excludes its execution with the use of violence, causing damage to the interests of other States, regardless of whether they are parties to this international treaty or not. In addition, reasonableness presupposes such an execution of an international treaty that does not entail a deterioration of the world situation, the threat of terrorist acts, the creation of conditions for the outbreak of hostilities on the territory of any State, the imposition of one's own interests on other States.

To ensure the implementation of international treaties, countries sometimes resort to the use of special, additional measures. Such measures include: international control; international guarantees; other international and domestic measures.

An additional guarantee of the fulfillment of an international treaty is that one (or several States) undertakes to perform certain actions in case of non–fulfillment of the terms of an international treaty by another State party to such a treaty.

The established international organizations and conferences ensure the implementation of international treaties, and such provision is no less effective ^{[13, p. 55; 14, p. 133]}. Within the framework of such organizations or conferences, special bodies or mixed commissions are established that carry out various forms of control over the implementation of international treaties. For example, in accordance with the International Covenant on Civil and Political Rights of 1966. A Human Rights Committee has been established to monitor compliance by States parties with the human and civil rights and freedoms enshrined in the Covenant. Such committees have been established in accordance with other human rights treaties (the Committee on the Rights of the Child, the Committee on the Elimination of Racial Discrimination, etc.).

The charters of international organizations may provide for various forms of control and supervision over the implementation of international treaties. The International Atomic Energy Agency (IAEA), in accordance with the 1968 Treaty on the Non-Proliferation of Nuclear Weapons, monitors compliance with treaty obligations on the non-proliferation of nuclear weapons through inspections

Special organizations may be established to implement and enforce the provisions of the agreement. An example of this is the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. It is envisaged to create an organization to carry out international verification of compliance with the Convention provisions with its participants.

Domestic measures are an important means of ensuring and applying international treaties, which can be conditionally divided into two types: organizational measures and the adoption of appropriate legislative and other regulatory legal acts.

Special regulatory legal acts are issued within the country for the implementation of international treaties by the State. For example, the Convention on the Elimination of All Forms of Racial Discrimination provides for the obligation of the State to take effective measures to amend, repeal or repeal any laws and regulations that lead to the emergence or perpetuation of racial discrimination and to use all means, including legislation, to prohibit it.

The conducted research allows us to conclude that the principle of "contracts must be executed" is provided by various provisions, in addition to international responsibility. Conscientiousness in the execution of the terms of an international agreement, of course, occupies key positions. Conscientious performance, in turn, is backed up and secured by certain measures and guarantees. The principle of fair execution of international treaties is fixed with an indication of the consequences of its non-compliance, clear criteria for evaluating the bona fide behavior of the subject are not normatively indicated, which is a kind of ensuring the bona fide execution of international treaties, because it excludes a formal approach to the assessment of good faith itself. Integrity is assessed based on a variety of criteria, we have analyzed only some of them, such as reasonableness, not harming the interests of other States, the absence of abuse of law in the actions of States, maintaining a balance of interests of States, fulfilling obligations without exaggerating or downplaying them.

The faithful execution of an international treaty is also ensured by other factors, for example, the rules for concluding international treaties, the procedure for determining the rights and obligations of such treaties. International control and supervision of the faithful execution of international treaties is provided, which also guarantees execution to one degree or another. One of the interim measures of good faith in the execution of international treaties is domestic measures, which consist in the adoption of various normative acts in pursuance of international treaties, the creation of various rules of an organizational nature.