RELATIVE AND ABSOLUTE INVALIDITY IN THE LAW OF INTERNATIONAL TREATIES

Abstract

Problem setting. The concept of invalidity of international treaties provides that an international agreement may be declared invalid for certain features. The 1969 Vienna Convention on the Law of International Treaties provided that the validity of a treaty or the consent of a state to be bound by a treaty may be challenged only on the basis of the application of this Convention (Article 42). Therefore, in Part V, Section 2, the Vienna Convention regulated the issue of invalidity of an international treaty through the prism of a list of circumstances that a state may invoke (Articles 46-50), adding three features that do not contain the instruction “to invoke as grounds for invalidity”. These are Articles 51, 52 and 53 of the Civil Code, which use the terms “the treaty has no legal significance” and “the treaty is invalid”. Therefore, the issue of invalidity of an international treaty has two main approaches: relative invalidity (relative invalidity “possibility of being declared invalid”) and absolute invalidity (absolute invalidity “from the beginning”). However, the distinction between confirmed and absolute invalidity raises a number of problems for which the legal literature still does not provide a clear answer. Analysis of recent researches and publications. The issues of termination of an international treaty and the grounds for their invalidity have been addressed by a number of scholars in the field of international law. Among them are researchers who have made an invaluable contribution to the unofficial codification and progressive development of international law, in particular Hersch Lauterpacht, Gerald Fitzmaurice, Humphrey Waldock, Pasquale Fiore. Their contribution is continued and developed by Wolfgang Graf Vitzthum, Nguyen Quoc Dinh, Oliver Dörr, Benedetto Conforti, Angelo Lobelia, Kirsten Schmalenbach, and others. Purpose of research is to analyze the relative and absolute grounds for the invalidity of an international treaty, their legal significance, procedures for their application, and consequences for the parties, given the importance of ensuring compliance with the principle of pacta sunt servanda. Article’s main body. Based on the analysis of scientific literature, international acts and court decisions, the article considers the issue of the circle of subjects authorized to initiate the invalidity of an international treaty, as well as the issue of the moment from which the treaty is declared invalid. Theoretical approaches to the issue of the invalidity of international treaties are studied. A comparative analysis of the procedural aspects and legal consequences of declaring international treaties invalid is carried out. Special attention is paid to the articles regulating the issue of invalidity and the consequences for international treaties that contradict the peremptory norms of general international law jus cogens. Conclusions and prospects for development. Article 65 of the Vienna Convention, which establishes a procedure for resolving disputes between parties to a treaty without the need to resort to international courts or arbitration bodies, has created important prerequisites for resolving the issue of the invalidity of treaties in a more diplomatic manner. Such a procedure allows states to reach a consensus without the need for judicial review, which reduces the risks of conflicts and negative consequences for peaceful cooperation. That is why judicial practice in these matters is not widely developed. As a result, in matters of the invalidity of international treaties, international judicial bodies have not yet formed a clear position on the circle of subjects capable of initiating the invalidity of an international treaty, a clear distinction between absolute and relative grounds, and the moment from which international treaties are declared invalid. In cases of minor scope, courts often limit themselves to general conclusions, without providing sufficient justification for the nature of the invalidity. The absence of such clarifications leads to a legal vacuum, when it is impossible to clearly determine in which cases the grounds for invalidity are unconditional, and in which cases they depend on specific circumstances or the will of the interested parties. Resolving these issues is important for the development of international legal order and ensuring stability in international relations.