Külpolitika - A Magyar Külügyi Intézet elméleti-politikai folyóirata - 1990 (17. évfolyam)
1990 / 1. szám - A tanulmányok angol nyelvű tartalmi kivonata
of these factors a united community economic region should form that will be capable of opening the way to the prospective basic goal notably a European Political Union as laid down by the Treaty of Rome. The Milan summit conference of the Community heads of state and government in 1985 set this deadline. At the same time, it stands to reason that the implementation and ,,run-in” of the individual partial tasks of a comprehensive legal and economic arsenal to secure an implementation of altogether more than 300 independent legislations should promote a west European integration which will not happen from one day to another. This is important to realise because the institutions of a united community inner market already created offer a good opportunity for the transitional study of „run-in” and for us to adopt the individual institutions that may fit into the Hungarian political and economic policy system of interests, and to link up with those in time. This is done by other non-EC, west European (primarily EFTA) countries. The goal is to attain a parallel „codevelopment” in an effort that the new system starting off on January 1, 1993 should not cause unbearable political and economic hitches. In other words, the generally formulated requirement that the united community inner market should not change the European Communities into a „secluded and self-contained fortress” but to allow (still) outside international community to have some of its fruits, sets a high measure of expectations in the face of responsible leaders of third countries as well as tasks for the com- munitys politicians. If we can reduce the existing differences and gaps as regards the individual components of the system ofl institutions Of the united community inner market, and if we are able to lay down some of the pillars of the „European bridge” by the end of 1992, we can contribute through our own means to materially easing our isolation within Europe. The essay partly gives a historical survey of the development leading to the united community inner market of the European Communities, and on the other, surveys the individual institutions of a future unified inner market by inserting it into the system of the individual integration basic documents, with special regard to the specific opportunities of a Hungarian substantive participation and link-up, bearing in mind the frameworks of opportunities legally created by the Hungarian — EEC agreement on general trade and cooperation signed in Brussels on September 23, 1988. Gábor Kardos Soft agreements in international law In the essay the author examines the issue why the states have reached legally non-binding agreements instead of concluding international treaties. This can be retraced to a number of causes. If political decision-makers hold the view that they cannot implement an agreement properly, then the state will desist from assuming legal commitments. Another reason may be the doubt in whether the agreement can stand the test of time. Non-observance of soft agreements can cause less loss of pres- breaching of law may be avoided. The tige and the stigma of international states are often disposed to live with a situation which they will not recognize formally for reasons of prestige, and in that case this is a non-obligatory form legally. Clash of the government bodies within the state can often lead to choosing a soft form. In the case of soft agreements there is no need for parliamentary approval. Through soft agreements, the member states can a avoid confrontation with the sphere of authority of the European Communities. The soft agreements will make it possible for non-legal government experts to have to resort to international law. It is easy to predict that the number and the role of legally non-binding agreements will not dwindle in the coming years. The multi-polar order of international relations will not favour a lasting regulation based on „major” plans. Too many are the wills capable of crossing one another’s intentions, and there is no possibility to attain a harmony based on hegemony. At the same time ad hoc management can lead to a rather dangerous functional disorder. In many cases the solution will be to accept, relativity in the normative outlook of international relations. VIII
