国际条约的临时适用:法律方面

V. Shcherbyna, I. Maryniv
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Leber.\n\nTarget of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use.\n\nArticle’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. 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引用次数: 0

摘要

问题设置。目前,条约临时适用的问题可以说是现实的。联合国国际法委员会的任务是阐述国际法中最重要的问题,它一直是该委员会注意的主题,这并非偶然。此外,上述联合国大会附属机构认识到有必要分析条约的临时适用问题,有必要就本条所讨论的专题逐步发展和编纂国际法。Аnalysis的研究和出版物。条约临时适用问题的各个方面主要反映在卢卡舒克、基维茨、普什尼亚克、玛丽尼夫和莱伯等人的著作中。研究的目的是描述临时引入国际条约的法律制度,并找出其使用的原因。文章的主体。该条专门讨论暂时使用一项国际条约作为国际法的基本制度的问题。该研究报告讨论了条约临时适用的必要性。委员会注意了审议这个问题的法律学者的著作,审查了他们关于审议中的问题的著作和摘要。作者分析了1969年《维也纳条约法公约》第25条的措词。审议了法律方面的问题和缺点。首先,有人指出,1969年《维也纳条约法公约》中没有关于国际条约暂时适用的定义,该公约第25条被批评为难以理解和缺乏法律精确性。发件人在该条中指出,一般来说,临时使用是在条约生效之前发生的,当时各国尚未完成条约生效所需的国内程序,也没有在国际上表示同意受其约束。发件人还强调,在条约生效之前或将在条约执行时生效,缔约国将履行其承诺,因此条约的目标将消失。发件人强调了正在审议的国际法律机构的另一个法律方面,即为了执行条约临时适用的机构,可以在国内法(宪法和立法)中颁布特别的法律和条例。更重要的是,作者提到,对国际条约法这门国家科学之父卢卡舒克的工作给予关注是适当的。条约临时适用制度是条约法中使各方能够紧急处理合作问题的关键制度之一。本文作者的另一个结论是,各国出于以下几个原因诉诸于审议中的这项法律文书:紧急解决有关条约所适用的问题;各国希望采取并立即执行建立信任措施;防止就同一主题先后通过并相互取代的若干国际条约在执行时出现时间间隔。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Temporary application of international treaties: legal aspects
Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.
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