Details

Title

The Budapest Memorandum of 5 December 1994: Political Engagementor Legal Obligation?

Journal title

Polish Yearbook of International Law

Yearbook

2014

Numer

No XXXIV

Publication authors

Keywords

treaties ; legal obligations ; political commitments ; use of force ; international security ; non-proliferation and disarmament ; general rule of interpretation ; supplementary means of interpretation ; subsequent practice ; treaty text ; treaty context ; object and purpose ; Budapest Memorandum ; Russian Federation ; Ukraine ; United States ; United Kingdom

Divisions of PAS

Nauki Humanistyczne i Społeczne

Abstract

Ukraine, upon giving up the nuclear arsenal left on its territory by the USSR, entered in 1994 into a Memorandum on Security Assurances with the United Kingdom, United States and Russian Federation (Budapest Memorandum). Since the crisis began between the Russian Federation and Ukraine in February 2014, a number of States have invoked the Budapest Memorandum. Unclear, however, is whether this instrument constituted legal obligations among its Parties or, instead, is a political declaration having no legal effect. The distinction between political instruments and legal instruments is a recurring question in inter-State relations and claims practice. The present article considers the Budapest Memorandum in light of the question of general legal interest – namely, how do we distinguish between the legal and the political instrument?

Publisher

Institute of Law Studies PAS ; Committee on Legal Sciences PAS

Date

2014.12.15

Type

Artykuły / Articles

Identifier

ISSN 0554-498X

DOI

10.7420/pyil2014e

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