RESPONSIBILITY OF STATES FOR NON-PERFORMANCE AND IMPROPER PERFORMANCE OF INTERNATIONAL TREATIES

Abstract

Problem setting. The article provides the investigation of the interaction between two fundamental components of international law the law of treaties and the law of State responsibility for breach of treaty obligations, which often raises numerous questions. The Vienna Convention on the Law of Treaties (1969) is the primary instrument for governing the conclusion, interpretation, and implementation of international agreements. However, it provides limited guidance on the issue of liability for treaty breaches. The Convention intentionally excludes direct regulation of liability for breaches, focusing instead on secondary aspects, which necessitates the development of a separate legal framework to address mechanisms of state liability for failure to fulfill international obligations. Analysis of recent researches and publications. The issue of State responsibility for breach of treaty obligations has been widely explored in legal scholarship. M. J. Bowman and D. Kritsiotis analyzed the evolution of treaty law and its implications for ensuring accountability in their work Conceptual and Contextual Perspectives on the Modern Law of Treaties [1]. A. Shatalina highlighted procedural challenges and gaps in holding States accountable in her work International Legal Responsibility of States for Wrongful Acts in International Law. C. J. Tams, A. Tzanakopoulos, and A. Zimmermann examined the interplay between treaty law and State responsibility in the Research Handbook on the Law of Treaties, stressing the importance of harmonizing these areas. M. E. Villiger’s Commentary on the 1969 Vienna Convention on the Law of Treaties focused on the Convention’s deliberate omission of direct liability provisions, which creates significant regulatory gaps. Lastly, A. Aust in Modern Treaty Law and Practiceemphasized the limitations of the Vienna Convention in addressing treaty breaches and the need for supplementary frameworks to ensure compliance. These investigations reveal the fragmented nature of the existing system and underscore the need for unified standards. Purpose of research is to analyze the current state of the field of state responsibility for non-performance and improper performance of international treaties, including its foundational principles, forms, and gaps in legal regulation. The study also aims to highlight the necessity of creating unified standards of State responsibility for breaches of international treaties, which is crucial for ensuring stability and order in international relations. Article’s main body. This research investigates the limited role of the Vienna Convention in addressing liability for treaty breaches, relying on an analysis of international legal documents, academic literature, and court decisions(particularly, ICJ decisions focusing on forms of state responsibility ordered by Court). The study identifies existing deficiencies in the regulation of State responsibility and emphasizes the need for a coherent and effective legal framework. Conclusions and prospects for development. A comprehensive and unified legal framework for State responsibility is essential for addressing the deficiencies in the current system. Establishing such standards would strengthen the stability of international relations and promote accountability in fulfilling treaty obligations. Future research should focus on developing innovative approaches to align the institution of State responsibility with the evolving needs of international law.