Characteristic features of development of international-legal guarantees in XIX-XX centuries

Abstract

Development of international-legal guarantees in the 19-20th centuries is connected with the problem of observance of a significant number of international contracts. A number of states that made part of those contracts demonstrated negative attitude toward obligations arising from them. Gradually, some obsolete guarantees have been replaced by the guarantee of the states, occupation of territories, the mortgage. Guarantees became deeper in its content; the subjects of guarantees agree that a voluntary agreement of the parties should be a basis of guarantee obligations, while a state can act as a guarantor of the contract, not being its initial participant. For the considered period the number of subjects of guarantees was extended and currently includes international organizations. The legislation of the states and realization of a principle pacta sunt servanda play important role in maintenance of the international-legal guarantees. Codification of norms of international law, their registration and publication contributed to realization of guarantees.