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
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