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2014 | 34 | 89-114
Article title

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

Authors
Content
Title variants
Languages of publication
EN
Abstracts
EN
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?
Year
Volume
34
Pages
89-114
Physical description
Dates
published
2015-07-25
Contributors
author
  • Lauterpacht Centre for International Law, University of Cambridge
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-4aad9e38-cd84-4850-b491-ebccafa6d6ba
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