确保履行国际协定义务机制中的责任必须遵守原则

V.S. Kyrhizova, I. Maryniv
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However, its implementation is accompanied by a number of problems, the solution of which requires the development of an appropriate scientific basis. Analysis of recent researches and publications. The analysis of recent researches and publications shows that the issue of the principle of contractual law “pacta sunt servanda” has repeatedly attracted the attention of the scientific community. Some of its aspects were considered by both Ukrainian and foreign scientists, including: S. I. Afanasenko, D. P. Bogatchuk, O. V. Butkevich, S. V. Gonzalez Sinisterra, Z. M. Yudin and others. However, most of the research and publications available today are rather superficial in nature. Target of the research is to analyze the legal meaning and essence of the principle «pacta sunt servanda». Article’s main body. The purpose of the article is to analyze the legal meaning and essence of the principle «pacta sunt servanda». The article highlights the legal meaning and essence of the «pacta sunt servanda» principle. The author takes the position that the binding nature of international agreements is based not only on the consensual nature of contractual norms, but also on the mutual interest of the parties in the agreement. The article explains the nature of the principle «pacta sunt servanda» from the standpoint of «jus cogens», which theoretically substantiates the meaning of the principle as a prerequisite for the formation of a mechanism for ensuring the fulfillment of obligations under international treaties. Based on a number of philosophical and legal theories, the most common of which are the theory of promise, the will theory, as well as the theory of efficiency, «pacta sunt servanda», as one of the principles of contract law, is generally recognized in legal science. The study of these theories justifications allows us to ascertain the absence of historical continuity between the initial and subsequent meanings of the principle, and even the absence of a consensus view in the doctrine. Conclusions and prospects for the development. Realizing the need to observe laws, as well as observing international treaties, at the individual level, the state must realize the necessity and inevitability of multi-level interaction in the international sphere. Only the understanding that in the implementation of the common will and cooperation it is possible to achieve a solution to the international problems that are currently faced by the international community, accepting the possibility of interaction to achieve the common interest, and not to meet the current economic needs of each state separately, will allow solving many global problems of our time and leaving to a new level of understanding of law as a tool for building a new reality within the framework of the interaction of states. 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引用次数: 0

摘要

问题设置。确保履行国际条约义务的机制是一个复杂的法律现象,包括若干国际法律机构(义务机构、与诚信有关的机构、确保履行义务的手段、国际司法机构机构、责任机构)。促成上述体制机制形成的主要前提是“公约必须遵守”原则,即“协议必须履行”,这一原则集中体现了国际协议的约束性,以及后来执行这些协议的责任心。“契约必须遵守”原则是合同法的主要原则之一,它表示任何法律协议的约束性。然而,它的实施伴随着一些问题,解决这些问题需要发展适当的科学基础。分析最近的研究和出版物。对近期研究和出版物的分析表明,合同法“契约必须遵守”原则的问题一再引起科学界的关注。乌克兰和外国科学家都考虑了其中的一些方面,包括:S. I. Afanasenko, D. P. Bogatchuk, O. V. Butkevich, S. V. Gonzalez Sinisterra, Z. M. Yudin和其他人。然而,今天的大多数研究和出版物在本质上都是相当肤浅的。研究的目的是分析“契约必须遵守”原则的法律含义和本质。文章的主体。本文的目的是分析“契约必须遵守”原则的法律含义和本质。文章强调了“契约必须遵守”原则的法律意义和本质。笔者认为,国际协议的约束性不仅基于合同规范的合意性,而且基于协议各方的共同利益。本文从“强制法”的角度解释了“契约必须遵守”原则的性质,从理论上证实了该原则作为确保国际条约义务履行机制形成的先决条件的意义。基于许多哲学和法律理论,其中最常见的是承诺理论,意志理论以及效率理论,“契约必须遵守”作为合同法的原则之一,在法学上得到普遍认可。对这些理论论证的研究使我们能够确定该原则的初始和后续含义之间缺乏历史连续性,甚至在该学说中缺乏共识观点。结论及发展展望。认识到在个人层面遵守法律和国际条约的必要性,国家必须认识到在国际领域多层次互动的必要性和必然性。只有认识到在执行共同意志和合作中,才有可能解决国际社会目前面临的国际问题,接受相互作用以实现共同利益的可能性,而不是单独满足每个国家当前的经济需要,将允许解决我们这个时代的许多全球性问题,并将法律作为在国家互动框架内建立新现实的工具的理解提高到一个新的水平。在这方面,“契约必须遵守”的原则正在获得越来越大的全球范围。
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The Principle of Racta Sunt Servanda in the Mechanism for Ensuring the Fulfillment of Obligations Under International Agreements
Problem setting. The mechanism for ensuring the fulfillment of obligations under international treaties is a complex legal phenomenon that includes a number of international legal institutions (the institution of obligation, institutions related to good faith, means of ensuring the fulfillment of obligations, institutions of international judicial bodies, institution of responsibility). The main premise that contributed to the formation of the mentioned institutional mechanism is the principle «pacta sunt servanda» «agreements must be fulfilled», which concentrated in itself the idea of the binding nature of international agreements, and later the conscientiousness of their implementation. Denoting the binding nature of any legal agreement, the principle «pacta sunt servanda» is one of the main principles of contract law. However, its implementation is accompanied by a number of problems, the solution of which requires the development of an appropriate scientific basis. Analysis of recent researches and publications. The analysis of recent researches and publications shows that the issue of the principle of contractual law “pacta sunt servanda” has repeatedly attracted the attention of the scientific community. Some of its aspects were considered by both Ukrainian and foreign scientists, including: S. I. Afanasenko, D. P. Bogatchuk, O. V. Butkevich, S. V. Gonzalez Sinisterra, Z. M. Yudin and others. However, most of the research and publications available today are rather superficial in nature. Target of the research is to analyze the legal meaning and essence of the principle «pacta sunt servanda». Article’s main body. The purpose of the article is to analyze the legal meaning and essence of the principle «pacta sunt servanda». The article highlights the legal meaning and essence of the «pacta sunt servanda» principle. The author takes the position that the binding nature of international agreements is based not only on the consensual nature of contractual norms, but also on the mutual interest of the parties in the agreement. The article explains the nature of the principle «pacta sunt servanda» from the standpoint of «jus cogens», which theoretically substantiates the meaning of the principle as a prerequisite for the formation of a mechanism for ensuring the fulfillment of obligations under international treaties. Based on a number of philosophical and legal theories, the most common of which are the theory of promise, the will theory, as well as the theory of efficiency, «pacta sunt servanda», as one of the principles of contract law, is generally recognized in legal science. The study of these theories justifications allows us to ascertain the absence of historical continuity between the initial and subsequent meanings of the principle, and even the absence of a consensus view in the doctrine. Conclusions and prospects for the development. Realizing the need to observe laws, as well as observing international treaties, at the individual level, the state must realize the necessity and inevitability of multi-level interaction in the international sphere. Only the understanding that in the implementation of the common will and cooperation it is possible to achieve a solution to the international problems that are currently faced by the international community, accepting the possibility of interaction to achieve the common interest, and not to meet the current economic needs of each state separately, will allow solving many global problems of our time and leaving to a new level of understanding of law as a tool for building a new reality within the framework of the interaction of states. In this regard, the principle of «pacta sunt servanda» is gaining more and more global scope.
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