The principle of conscientious fulfillment of international obligations. The principle of conscientious fulfillment of international treaties Violation of the principle of conscientious fulfillment of international obligations

The principle under consideration, as if completing the presentation of the basic principles of international law, originated and for a long time acted as the principle of compliance with international treaties - pacta sunt servanda ("treaties must be respected").

In the modern period, it has turned from a customary legal norm into a contractual norm, and its content has significantly changed and enriched.

The preamble of the UN Charter speaks of the determination of the peoples "to create conditions under which justice and respect for obligations arising from treaties and other sources of international law can be observed", and in paragraph 2 of Art. 2, the obligation of the members of the UN to conscientiously fulfill the obligations assumed under the Charter is fixed, "in order to ensure to all of them in the aggregate the rights and advantages arising from membership in the membership of the Organization."

An important step in the contractual consolidation of this principle was the Vienna Convention on the Law of Treaties of 1969. It notes that "the principle of free consent and good faith and the rule of pacta sunt servanda have received universal recognition." In Art. 26 establishes: "Each valid agreement is binding on its participants and must be fulfilled by them in good faith."

This principle was described in detail in the Declaration on Principles of International Law of 1970, in the Final Act of the CSCE in 1975 and in other documents.

The meaning of this principle lies in the fact that it is a universal and cardinal norm recognized by all states, expressing the legal obligation of states and other entities to comply with and fulfill the obligations assumed in accordance with the UN Charter, arising from generally recognized principles and norms. international law and corresponding international treaties and other sources of international law.

The principle of conscientious fulfillment of international obligations serves as a criterion for the legitimacy of the activities of states in international and domestic relations. It acts as a condition for the stability and effectiveness of the international legal order, consistent with the legal order of all states.

With the help of this principle, the subjects of international law receive a legal basis to mutually demand from other participants in international communication the fulfillment of the conditions associated with the use of certain rights and the performance of relevant duties. This principle makes it possible to distinguish lawful activity from illegal, prohibited. In this aspect, it is clearly manifested as a peremptory norm of international law. This principle, as it were, warns the states about the inadmissibility of deviation in the treaties they conclude from the cardinal provisions of international law, expressing the fundamental interests of the entire international community, and emphasizes the preventive function of the norms of jus cogens. The principle of conscientious observance of international obligations, linking peremptory norms into a single system of international legal prescriptions, is their integral part. However, if individual norms of jus cogens can be replaced by others on the basis of an agreement between states, then such a replacement is impossible in relation to this principle: its abolition would mean the elimination of all international law.

In the process of developing this principle, it was provided that in the implementation of their sovereign rights including the right to establish their own laws and regulations, the participating States will be consistent with their legal obligations under international law.

Essential features of the principle of good faith performance international obligations are the inadmissibility of an arbitrary unilateral renunciation of the undertaken obligations and legal liability for violation of international obligations, which occurs in the event of a refusal to fulfill them or other actions (or inaction) of a party to the agreement that are illegal. Violation of international obligations raises the question of responsibility not only for deviation from the agreement, but also for infringement on the very principle of conscientious fulfillment of international obligations.

One of the most important principles of modern international law is the principle of conscientious fulfillment of international obligations under international law. This principle was preceded principle of compliance with international treaties- pacta sunt servanda, the emergence and development of which is closely connected with Roman law, and then with the emergence and development of interstate relations and international law.

The principle of faithful observance of international treaties has a long history. The conclusion of the first international treaties necessitated their implementation, since violation of the obligations stipulated by international treaties would lead to instability international relations. In the twentieth century, this principle acquired a new legal meaning - it extended its effect to other norms of international law.

At present, as a generally recognized norm of behavior of subjects, this principle is enshrined in the UN Charter, the preamble of which emphasizes the determination of UN members "to create conditions under which justice and respect for obligations arising from treaties and others can be observed". According to paragraph 2 of Art. 2 of the Charter, "All Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter, in order to secure to them all in their entirety the rights and benefits arising from membership in the membership of the Organization." The content of this principle is revealed in the Declaration on Principles of International Law of 1970, which emphasizes that conscientious observance of the principles of international law concerning friendly relations and cooperation between states has essential to maintain international law and security.

By virtue of principle of faithful observance of international treaties subjects of international law must fulfill the obligations arising from international law in good faith. The fulfillment of obligations must be carried out honestly and accurately. Only in this case, the fulfillment of international legal obligations can be qualified as conscientious. The state cannot evade the fulfillment of obligations arising from international legal norms, and cannot refer either to the provisions of internal law or to other circumstances as a reason for non-fulfillment or refusal to fulfill its obligations. A state may refuse to fulfill international legal obligations, but such a refusal should be carried out only on the basis of international law, which is reflected in the Vienna Convention on the Law of Treaties of 1969.

The importance of the principle of faithful observance of international obligations lies in the fact that it is the basis of international law, since without such a principle the validity of international law would be problematic. Due to its significance and role in the system of international law, this principle has acquired the imperative character of jus cogens.

The principle of faithful fulfillment by states of their international obligations- one of the oldest principles of international law, without which it is difficult to imagine the very existence of the international legal system. It is no coincidence that almost simultaneously with the first international treaties, the first means of ensuring them appeared. If states could arbitrarily treat the need to strictly adhere to their obligations, all other norms and principles of international law would become meaningless. The very system of principles as universally binding norms inevitably presupposes the strict observance of the relevant rules, and only if this condition exists does it become an effective regulator of international relations. Therefore, it is generally accepted that the principle of conscientious fulfillment of international obligations is basis of modern international law.

Historically, the principle in question arose as a development of the formula pacta sunt servanda (contracts must be performed), which was adopted by public international law from Roman law. It is not difficult to see that the current formulation of the principle greatly expands its scope. According to the international legal doctrine, states must fulfill in good faith not only contractual, but generally any obligations assumed in accordance with international law (for example, ordinary ones).

The UN Charter does not formally contain this principle, since it obliges states to strictly fulfill only those obligations that they have assumed in connection with membership in the Organization. Despite the importance of such obligations, the range of international obligations of any state is not limited to them. Therefore, the legal content of the principle of conscientious fulfillment of international obligations is revealed more fully in the Declaration of Principles of 1970, the Final Act of the CSCE of 1975, and also in the Vienna Convention on the Law of Treaties of 1969. The content of this principle includes the following main provisions.

First, states must fulfill their international obligations in good faith. Compliance in good faith means the exact, timely and complete fulfillment of an obligation assumed in accordance with international law. In particular, states must implement international treaties in strict accordance with their spirit and letter, proceeding from the usual interpretation and in accordance with the basic principles of international law.

Secondly, when fulfilling an international obligation, no state has the right to invoke its national law. On the contrary, this principle requires all states to bring their domestic legislation into line with their international obligations, thus ensuring the primacy of international law over national law.

Thirdly, the obligation to fulfill international obligations in good faith concerns only those obligations that do not contradict the basic principles of international law, and, first of all, the system of international legal principles. Any rule of conduct that is contrary to the spirit and principles of the UN Charter is legally null and void and therefore should not be enforced.

Fourth, failure to fulfill international obligations by one or another state entails the onset of international responsibility - a system of measures aimed at restoring the rule of law. Protection of the principle of conscientious fulfillment of international obligations is carried out through the activities of special international bodies(judicial and arbitration), by means of multilateral and bilateral diplomacy, and in some cases voluntarily by the offending states.

Fifth, international law contains an exhaustive list of grounds on which a state has the right to evade the fulfillment of its international obligations. For example, the Vienna Convention on the Law of Treaties allows, in strictly defined cases, a state party to a treaty to refuse to execute it. Such cases cannot be considered a violation of the principle under consideration, since they are allowed by international law itself.

The practical implementation of the principle of conscientious fulfillment of international obligations often, as already noted, conflicts with the principle of non-intervention in internal affairs. sovereign state. It should be emphasized once again: the obligations assumed by the state to the world community have absolute priority over its national interests and, therefore, cannot be attributed to internal affairs of this state. Therefore, the principle of conscientious fulfillment of international obligations should be considered as the foundation of the system of international legal principles and international law as a whole. It is no coincidence that adherence to this principle in one form or another is enshrined in many international documents. For example, Article 1 of the 1994 Declaration on the Basics of Relations between the Republic of Kazakhstan and the Kingdom of Spain contains the intention of the parties to build their relations on the basis of “... voluntary fulfillment of international obligations assumed in accordance with international law”.

The principle of conscientious fulfillment of international obligations arose in the form of the international legal custom pacta sunt servanda in the early stages of the development of statehood, and is currently reflected in numerous bilateral and multilateral international agreements.

As a universally recognized principle of international law, it is enshrined in the UN Charter, the preamble of which emphasizes the determination of UN members "to create conditions under which justice and respect for obligations arising from treaties and other sources of international law can be observed." According to paragraph 2 of Art. 2 of the Charter, "All Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter, in order to secure to them all in their entirety the rights and benefits arising from membership in the membership of the Organization."

The principle under consideration is universal in nature, which is confirmed, for example, by the Vienna Convention on the Law of Treaties as follows: "Each treaty in force is binding on its participants and must be fulfilled by them in good faith." In addition, the Convention also provides for the following provision: "A party may not invoke the provisions of its internal law as an excuse for its non-performance of the contract."

In addition to the Vienna Convention on the Law of Treaties, the principle under consideration is enshrined in a number of other international legal instruments. According to the 1970 Declaration on the Principles of International Law, each state is obliged to fulfill in good faith the obligations assumed by it in accordance with the UN Charter, obligations arising from generally recognized norms and principles of international law, as well as obligations arising from international treaties valid in accordance with generally recognized principles and norms international law.

In the Declaration of Principles of the 1975 CSCE Final Act, the participating States agreed “to fulfill in good faith their obligations under international law, both those obligations arising from generally recognized principles and norms of international law, and those obligations arising from treaties or other agreements to which they are parties.

The literature notes that one should compare obligations "under international law" as more broad concept rather than obligations "following from the universally recognized principles and norms of international law".

However, difficulties also arise with respect to the concept of good faith. Different legal systems have their own understanding of good faith, which is reflected in the compliance of states with their obligations. The concept of good faith has been enshrined in a large number of international treaties, resolutions of the UN General Assembly, in declarations of states, however, determining the exact legal content of the concept of good faith in real situations can be difficult.

The literature suggests that the legal content of good faith should be derived from the text of the Vienna Convention on the Law of Treaties, from the sections "Application of Treaties" (Articles 28-30) and "Interpretation of Treaties" (Articles 31-33). Good faith is the application of a treaty that is interpreted in good faith (according to the ordinary meaning to be given to the terms of the treaty in their context and in the light of the object and purpose of the treaty).

The principle of conscientious fulfillment of international obligations applies only to valid agreements. This means that the principle in question applies only to international treaties concluded voluntarily and on the basis of equality.

There is a maxim in international law that any treaty that is contrary to the UN Charter is null and void, and no state can invoke such a treaty or enjoy its benefits. This provision is in line with Art. 103 of the Charter. In addition, any treaty cannot be contrary to a peremptory norm of international law, as defined in Art. 53 of the Vienna Convention on the Law of Treaties. Provisions and maxims of this kind testify to the expansion of the scope of application of the principle of conscientious observance of international obligations.

This principle is special: it contains the source of the legal force of the entire MT. International law is based on the principle of conscientious fulfillment of obligations with all its grounds and every norm.

The principle entered international law from Roman law as a custom "pacta sunt servanda"  "contracts must be observed."

Subsequently, it was consolidated and developed in many international acts:

 in the preamble to the Statute of the League of Nations;

 the UN Charter (preamble, art. 2, 103);

 Statute of the International Court of Justice (Article 38);

 Declaration on the principles of MP;

 Final Act of the CSCE;

 Vienna Convention on the Law of Treaties of 1969 (preamble, art. 26, 31, 46);

 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986, etc.

According to the Declaration on the Principles of MP, this principle includes the duty in good faith meet commitments:

a) arising from the norms and principles of the MP;

b) arising from international treaties;

c) adopted in accordance with the UN Charter.

The principle of "pacta sunt servanda" ("contracts must be observed") is thus only part of the principle of good faith performance. At the same time, it remains an independent  branch  principle international treaty law.

If obligations from treaties conflict with obligations under the UN Charter, the obligations under the UN Charter shall prevail.

It should be borne in mind that international obligations may arise from certain acts international organizations , from the unilateral acts of the subjects of the MP.

An integral part of the principle of conscientious fulfillment of obligations is the principle conscientiousness. It means that states must honestly, accurately and responsibly approach the application and choice of IL norms, treat the interests of partners and the entire international community with understanding, taking into account the actual circumstances, the letter and spirit of the law, and not allow abuse of the law.

States should not enter into obligations that conflict with obligations already in place towards third countries.

The internal law of the states must be coordinated, harmonized with the obligations under the international law. States are not entitled to invoke their own legislation to justify the failure to comply with international obligations.

From the Law on International Treaties

Russian Federation" 1995

…The Russian Federation stands for strict observance of treaty and customary norms, reaffirms its commitment to the fundamental principle of international law  the principle of conscientious fulfillment of international obligations…

If the obligations under the MP are not fulfilled or are performed in bad faith, sanctions must follow, liability should arise (provided that there are no circumstances exonerating from liability).

The principle of fulfillment of international legal obligations in good faith is closely related to the principle reciprocity. If the state violates its obligations under some IL norm, then it should not claim the rights that follow from the norm.

The denial to the state that violated the norm of the right arising from this norm is the most common sanction (reprisal) for offense .

In 2005, some Ukrainian officials announced a possible unilateral revision (in the direction of deterioration) of the conditions for the presence of the Russian navy in the city of Sevastopol on the Black Sea. These conditions are contained in the Russian-Ukrainian agreement, which, among other things, recognized the border between the countries.

A unilateral revision by Ukraine of the conditions for the presence of the Russian fleet in the Black Sea can (and should) entail a revision of the borders, bearing in mind that Sevastopol and Crimea are primordially Russian territories.

The question of the fate (return) of Sevastopol and Crimea to our country should also be raised in the event that Ukraine enters into NATO and/or EU .