Trattati di alleanza politico-militare e regimi di neutralità. La codificazione alla prova della prassi relativa al conflitto in Ucraina

Various proposals have been put forward during the 20th century to deal with the topic of the effects of war, and later armed conflicts, upon treaties. The common trend is towards a presumption of continuing validity of treaties even in the context of armed conflicts. A constant exception to this presumption is treaties of alliance, as confirmed by the International Law Commission’s works completed in 2011. However, practice connected to the ongoing aggression in Ukraine does not lend itself to sustain this assumption, as data are few and unclear. Likewise, practice does not shed light on the non-prejudice clause provided for by the Commission regarding the law of neutrality.