Tarptautinės sutarties samprata šiuolaikinėje tarptautinėje teisėje

Abstract

In this paper, the concept of international treaty in contemporary international law is being analyzed. The concept of international treaty is being reviewed to international as well as to national extent of Lithuania and some other countries, applying the national law of different countries and international law, which define the concept of international treaty. The subject of the research – the main features of an international treaty, advantages and disadvantages of its consolidation in national and international law. The main objective is, by analyzing literature and the practice of courts, to reveal the concept of contemporary international treaty to international and national extent, and to reveal the advantages and disadvantages of international documents, which consolidate the main elements of an international treaty, as well as to find an optimal opportunity to sort out the problem of an ambiguous concept of international treaty. Appealing to the main instruments of international law, the major features of an international law are revealed: it must be an international agreement; it must governed by international law; it must be made in written form; concluded between States or international organizations; embodied in a single instrument or in two or more related instruments; whatever its particular designation. In the paper a problem of insufficient revelation of the main features of an international treaty in international law is analyzed. One more feature of an international treaty – intention to be legally binding by international agreement, is noticed, although it is not mentioned in any international document. Without this feature international treaty would deprive of its aim – to create legally binding obligations for states. Moreover, a possibility of a non-written form of an international treaty is being considered. In the paper an international treaty is distinguished from other international agreements, legally non-binding agreements and inter-departmental agreements. Furthermore the concept of an international treaty governed in the national rules of different countries is discussed. In the end of the paper findings and recommendations are introduced.