I trattati di diritto internazionale privato e processuale

This chapter examines the effects of armed conflicts on treaties of private international law, which constitute the core concern of the analysis. The earlier sections provide the necessary conceptual and legal premises by examining the general impact of armed conflicts on international agreements and assessing whether treaties in the field of private international law have historically constituted an exception to that general framework. Through a review of state practice, the author argues that armed conflicts do not automatically terminate treaties, but rather serve as a factual circumstance that may trigger the application of general grounds for termination, suspension, or withdrawal, such as supervening impossibility or a fundamental change of circumstances. This chapter further considers the dual role that the consequences of the armed conflicts may play both as factors affecting the continued applicability of treaty norms and as circumstances precluding international responsibility for conducts that would otherwise constitute internationally wrongful acts. In its conclusive part, the analysis turns to the practice developed in the context of Russo-Ukrainian conflict and its implications on treaties of private international law.