Yu. Romashev, N. Ostroukhov

Legal Nature of Oral International Treaties

2018. No. 4. P. 254–269 [issue contents]
Oral international treaties can be attributed to one of the sources of international law thatare less studied in the legal sciences and rarely used in the practice of interstate relations.Therefore, in the presented article on the basis of dialectical method of research, useof general scientific methods of research, as well as such private scientific methodsas: historical legal, comparative legal, method of legal modelling and legal forecasting,the results of the study of legal nature of oral international treaties are presented. Thework shows the advantages and disadvantages of such treaties and their attitude tothem in the doctrine of international law. The issue of increasing their role in regulatinginterstate relations is raised. Ordinary and treaty rules of international law governingthe process of conclusion, action, amendment, termination of oral international treatiesand other matters related to their functioning are considered. The history of formationof oral international agreements are described, their examples are given. Similarity anddistinction between oral and written international treaties, interaction of oral international treaties and domestic law are shown. The correlation of the term “oral internationalagreement” with such terms as “gentleman’s agreement”, “verbal agreement”, “verbalarrangement” is revealed. The requirements to be satisfied by modern oral internationaltreaties are substantiated. Among them: conformity of oral international treaties withuniversally recognized principles of international law (as well as for written internationaltreaties of UN members), non-contradiction of the UN Charter, as well as the legislation ofits States; their conclusion within the powers of officials provided by national legislation,international customs or international treaties of the States concerned. It is shown thatthe intention of the parties to conclude a legally binding oral international treaty, theconviction of States and other subjects of international law in its legal force are the mainsigns that allow to distinguish this kind of Agreement among other agreements in theinternational arena that are not legally binding. An oral international treaty proposes tounderstand the legally binding international agreement concluded between States, othersubjects of international law by their authorized representatives orally and regulatedInternational law, regardless of its specific name (“oral international treaty”, “verbalagreement”, “gentleman’s agreement”, etc.) and its possible further documentation, designed to regulate inter-state relations and enforced force of the constituent entitiesof international law.
Citation: Romashev Y., Ostroukhov N. (2018) Pravovaya priroda ustnykh mezhdunarodnykh dogovorov [Legal Nature of Oral International Treaties]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 254-269 (in Russian)
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