Международный договор – как важный источник права

Аннотация

Ключевые слова: В статье раскрываются понятие и виды нормативных источник права, договоров как источника права, а также сущность нормативные договоры, международных договоров, роль и значение субъекты международных договоров в регулировании отношений международного права, международные между субъектами международного права, а также правоотношения, проанализированы мнения национальных и зарубежных конвенция, ученых-правоведов о международных договорах. договор, кодекс, хартия. International treaties have been drawn up since the birth of the first states and have been used throughout history. However, war was more suitable for the heads of state than peaceful cooperation, so the use of treaties increased only a few centuries ago. An international agreement is an agreement regulated by international law concluded by states or other subjects of international law. The Vienna Convention “On the Law of International Treaties” states: “An international treaty is an international agreement concluded between states in writing and governed by international law, in one document, in two or more related documents, and regardless of its specific name, the international contract is understood”. Also, Article 2 of this Convention contains special terminology (legal thesaurus) used in the field of international agreements: treaty, ratification, acceptance, approval, accession, international act, authority, notification, state participating in negotiations, contracting state, participant, third country, international organization. However, the use of terms in this Convention in paragraph 2 of this Article shall not affect the use of terms or the meanings which may be given to them under the domestic law of any State” [1]. The opinions of legal scholars are also important in the issue of international agreements. According to the views of legal scholars I.I. Lukashuk and A.Kh. Saidov: “In the theory of international law, an international agreement is the establishment of mutual rights and obligations between two or more states or other subjects of international law regarding their political, economic or other relations, is understood as an agreement that provides for its modification or termination” [2]. Legal scientist I. Rustambekov defined the concept of an international agreement as follows: “An international agreement is an equal and voluntary agreement of the Republic of Uzbekistan with one or more countries, international organizations or other subjects of international law on the rights and obligations in the field of international relations” [3]. Thus, an international agreement is a conscious and voluntary union of the agreed wills of at least two subjects of international law aimed at the emergence, change, and termination of legal relations. In general, the above definitions of an international treaty include provisions that an international treaty is an agreement or agreed will of states and other subjects of international law. The contract is formed by the agreed will of the parties. In addition, they have a connection that does not allow unilateral changes in the future. They will be implemented by agreement as the contract continues to develop, filled with new content under the influence of changing external factors. However, such changes are also mutually agreed upon by the parties. 53 Жамият ва инновациялар – Общество и инновации – Society and innovations Special Issue – 05 (2023) / ISSN 2181-1415 It should be noted that any agreement between states is not an international agreement. The nature of the contracting parties does not make their interstate agreements an object of international law. Thus, international law distinguishes between so-called international treaties and non-legal treaties. Professor I.I. Lukashuk cites as an example the documents of the Organization for Security and Cooperation in Europe, which is the main tool for restructuring the system of international relations in Europe. He also argues that the provisions of such agreements are morally and politically binding, not legal. According to the Code of Conduct on Military-Political Aspects of Security, which entered into force on January 1, 1995, its provisions are considered political obligations. According to Article 102 of the United Nations Charter, it cannot be registered. In other words, the Code is not an international treaty [4]. The provisions on the need for no registration were reinforced in the Helsinki Final Act of August 1, 1975, and the Paris Charter for a New Europe of November 21, 1990. Regarding such actions, the US State Department expressed the following opinion: “Political commitments are not governed by international law, and there are no provisions regarding their compliance, modification or waiver. When a party does not renounce its “political” obligation, which it can perform with impunity, it is deemed to have promised to honor that obligation, and the other parties have every reason to believe that they have an