Oral International Treaties in the Russian Legal System

Abstract

Oral international treaties are of great importance for the legal regulation of interstate relations. The practice of concluding them has a long history. At the same time, in the science of international law the study of this unique source of international law, in comparison with written international treaties, is undeservedly given quite little attention. This leaves a special imprint on the practice of their use, including the study of issues devoted to oral international treaties in higher education institutions. In the science of international law, insufficient attention is paid to clarifying the place of oral international treaties in the Russian legal system, as well as to assessing the possibility of their use in the Russian practice of interstate relations. In order to fill this gap, in this work, from the position of a dialectical approach, the use of general scientific and special legal research methods, an attempt was made to reveal this issue. The place occupied by oral international treaties in modern international law is shown. Numerous examples of oral international treaties in the practice of the Russian state are given. The article reveals the issues of legal succession in relation to oral international treaties previously concluded by the predecessors of the Russian Federation. An assessment is made of the possibility of using oral treaties in the Russian Legal System in relation to the provisions of the Constitution of the Russian Federation. Proposals are presented for improving Russian legislation, allowing for more effective and flexible implementation of international law-making activities, using oral international treaties in necessary situations when solving problems of international cooperation. It is shown that despite the fact that Russian legislation does not contain provisions devoted to oral international treaties, the Russian Federation has an inalienable right to conclude them. This right, as well as the very existence of the oral form of international treaties, is based on generally recognized principles and norms of international law, confirmed in international treaties to that the Russian Federation is a party. It is especially noted that the procedure for concluding, validity, modification and termination of oral international treaties is currently regulated by the norms of international customs and general principles of law, most of which are also applicable to written international treaties.