To the Problem of Realizing the Provision of Obligations of States under International Treaties

Abstract

Target. The purpose of this article is to consider the problems of doctrinal approaches to the implementation of the provision of obligations of states under international treaties. The authors analyze the current principles and doctrines of securing obligations under international treaties, suggest that the fundamental principles of fulfilling state obligations through the prism of the doctrine of jus cogens be considered.

Methods. Such methods as: system analysis method, synthesis method, formal-legal method, logical method, analogy method are used in the work.

Results and conclusions. The authors suppose that a direct recognition of the principle of conscientious fulfillment of international obligations by a peremptory norm of international law in disputes where all participants agreed to this provision is necessary. The agreement with the “vertical” action of this principle, that is, the extension to national legislation, will allow to minimize, and in some cases to exclude the possibility of refusing to fulfill the obligation due to the decision of the national authority. The use of the jus cogens doctrine as applied to the principles of ensuring the fulfillment of obligations by the states will, to a large extent, allow to move towards legal impact on the states within the framework of international law, and will become an additional element of ensuring the responsibility of the state in fulfilling its obligations arising from international treaties.