Could VCLT 52 Block a Peace Treaty Entailing Territory Transfer After the Ukraine-Russia War?

This study examines the scope and limitations of Article 52 of the Vienna Convention on the Law of Treaties (VCLT) in the context of a potential Ukraine-Russia peace treaty involving territorial transfer. While VCLT 52 invalidates treaties concluded under coercion, its misinterpretation as an absolute prohibition on post-conflict territorial agreements has fueled debate. The interplay between coercion, realpolitik, and treaty validity requires a precise legal framework to prevent contradictions in conflict resolution. The first section traces the historical evolution of coercion as a ground for treaty invalidation, from the Peace of Westphalia to modern treaty law. The second section examines realpolitik and coercion, emphasizing that VCLT 52 addresses coercion as a matter of form rather than content. While territorial transfers are not inherently invalid, treaties violating jus cogens norms, such as genocide, fall under VCLT 53. The final section applies these principles to the Ukraine-Russia conflict, assessingwhether territorial concessions in a negotiated peace could be legally binding. The study challenges the assumption that all post-war territorial treaties are ab initio invalid, reaffirmingthe doctrinal and judicial acquis of international law, particularly the primacy ofthe pacta sund servanda principle

Journal

PUBLIC AND PRIVATE INTERNATIONAL LAW BULLETIN

Year

2025

Volume

45

Issue

2

Pages

459-495

ISSN

2651-5377

eISSN

2667-4114

DOI

10.26650/ppil.2025.45.2.1662246

WoS UID

WOS:001685834100012