Issue: № 3, 2024
Doi: https://doi.org/10.37634/efp.2024.3.19
The paper is devoted to the consideration of debatable aspects related to the regulation of modern trade agreements. The opinions of legal researchers and documents of international organizations are taken into account, where atypical positions regarding this group of treaties are highlighted. The author’s vision of the essence of such problems is outlined and his own position regarding them is argued. The UN Commission on International Law constantly examines problems related to international treaties. Thus, for many years there are the topical issues of: non-legally binding international agreements and the application of this form of transactions in the field of trade; providing legal force regardless of name; oral and written forms of agreements in the field of trade; the content of the concept of “regulation by international law”; the content of Article 2 of the Vienna Convention on the Law of International Treaties of 1969 is discussed, etc. Accordingly, the purpose of the paper is to highlight the debatable aspects typical for agreements in the field of trade, their specifics. During the writing of this work, a vector of future research on the outlined topic was set. The importance of defining and correlating trade agreements orally by parties between whom a trade agreement is already in effect. Summarizing the above, we note aspects that have been relevant for more than 50 years and require further research: the trade activity of the state is influenced by a much wider range of international treaties than those that directly regulate trade issues; for the binding nature of an international agreement, it is not the name that is important, but the compliance with the procedure for its conclusion and its entry into force; the form of the international agreement is secondary compared to the intentions of the parties, however, in trade agreements, such an intention is usually confirmed in writing; the meaning of the phrase “regulation by international law” to a certain extent contains the element of the states’ intention; enforcement of international treaties that do not have legal force requires doctrinal studies and further normalization.
Keywords : international agreement, legal obligations of the state, international trade, international trade relations, guarantees of ensuring the fulfillment of commitments, international dispute, state’s responsibility
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