INTERNATIONAL LEGAL DESCRIPTION OF THE BUDAPEST MEMORANDUM, 1994

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INTERNATIONAL LEGAL DESCRIPTION OF THE BUDAPEST MEMORANDUM, 1994

Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue

Abstract

This Article deals with the characteristic features of the Memorandum on Security Assurances in Connection with Ukraine’s Accession to the Treaty on the Non-Proliferation of Nuclear Weapons, Budapest, 5 December 1994 (most widely known as the Budapest Memorandum on Security Assurances, 1994). It is substantiated that the Memorandum should be considered as an international legal document, not as a political arrangement or political agreement. Official recognition of the Budapest Memorandum by Ukraine as an international legal instrument contained in Article 6 of the Law of Ukraine ‘On Ukraine’s Accession to the Treaty on the Non-Proliferation of Nuclear Weapons as of July 1, 1968’ as of November 16, 1994, No. 248/94-VR. It is determined that the Budapest Memorandum is considered by the UN Secretariat as an international agreement. This is proved by Certificate of Registration No. 65115 done at New York on March 25, 2015, under which the Budapest Memorandum has been registered with the Secretariat, in accordance with Article 102 of the Charter of the United Nations exactly as an international agreement. There are the arguments for the fact that the content of formulations of the Budapest Memorandum, 1994, includes international legal obligations previously undertaken by the parties under the Charter of the United Nations, Treaty on the Non-proliferation of Nuclear Weapons as of July 1, 1968, and the Final Act of the Conference on Security and Cooperation in Europe as of August 1, 1975. On this basis, it is concluded that the Memorandum is mandatory (binding legal effect). Also, it is justified that the contents of the Budapest Memorandum includes ‘gentleman’ agreement elements.

Authors and Affiliations

В. М. Стешенко

Keywords

EP ID EP475115
DOI -
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