Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Legal Aspects of the Problems in the Area of Denouncement of International Treaties

Author(s): Nataliia Khatniuk, Liudmila Olefir, Sergey Ivashko, Ievgen Malyshenko, Nelli Pobiianska

In the article a new scientific problem is set and solved–there were given the international legal characteristic and defined the content of the denouncement institute, and the international legal basis of relations of its application were clarified. International treaties, which are constitutional documents of international organizations, are inherently more complex, because they not only establish the rights and obligations of states, as a regular multilateral international treaty does, but they also create international organizations, institutions, bodies, determining their competence, relationships, establishing the legal position of members of the organization. In spite of this, the fundamental legal norms of international treaties apply to the constitutional documents of international organizations mutatis mutandis. The member states of the international organization, by virtue of the principle of respect for sovereignty, have the right to unilaterally withdraw from it, subject to appropriate procedures. There are cases of withdrawal from international organizations, which statutes did not contain exit clauses, and in practice, such situations were resolved through the institute of inactive membership.