Evolution doctrinal approaches to retreat from international legal obligations
Journal Title: Альманах міжнародного права - Year 2016, Vol 14, Issue
Abstract
The article studies the evolution of views on the problem of the commitments, their obligation or derogation from them in the works of scientists, philosophers and lawyers of the ancient world, medieval and modern times. Author deals with the mutual relationship and correlation of relevant scientific approaches and schools, and proves some common approaches to these issues. The monumental doctrinal essays of Marcus T. Cicero (De Officiis), Lucius A. Seneca (On Benefits), Francisco S. J. Suarez (De Legibus), Hugo Grotius («The Rights of War and Peace»), John Locke («Two Treatises of Government»), Thomas Hobbes («Leviathan») and Jeremy Bentham («Principles of International Law») were compared and incorporated at. The origin and nature of common principle of obligatory execution of treaty norms (pacta sunt servanda) are shown at. The article shows international treaties and obligations determined as natural legal acts, the correlation of the consequences of derogation or failure the obligation with the form on which such obligation (commitment) was concluded, predicting the possibility of derogations as to pro- tect the public interest (public good) also as for the changed circumstances and in emergency situations; understanding of the special status of obligations (commitments) and their implemen- tation at war conditions.
Authors and Affiliations
Є. Є. БОРИСОВ
Keywords
Related Articles
- EP ID EP443536
- DOI -
- Views 84
- Downloads 0
Brexit as a prospective precedent of Article 50 TEU application
Undeniably, the process of UK withdrawal from the EU (Brexit) is among the key interests of the world scientific community. Being a subject for research and broad discussions in various fields, Brexit makes a tremendous...
Legal act as a source of national and European law
The article analyzes the main approaches to the concept of normative legal act on national and European law. In Ukraine, the legal act has the status of compulsory primary source of law and widely used in the mechanism...
General differences of the protection of the right to life in the conditions of armed conflicts and situations of violence within the state
The article is devoted to the actual topic of protecting the right to life in the context of armed conflict and situations of violence within the state. Increasing the number of armed conflicts, situations of violence wi...
Comparative aspect of the foreign countries’ legislation researching on the military’s criminal liability standard regulation
The article deals with the research on the peculiarities of legal standards forma- tion in field of military’s criminal liability regulation in view of the appurtenance to a certain legal system. To provide high-quality...
Convention mechanism of international protection of human rights in the UN system
The article explores the conventional mechanism of international protection of human rights in the United Nations system. The author's concept of the convention mechanism of international protection of human rights in th...