UKRAINE’S BILATERAL AGREEMENTS AS A TOOL TO COUNTER RUSSIAN AGGRESSION: LEGAL ASSESSMENT

Abstract

The purpose of the article is to conduct a thorough analysis of Ukraine’s security agreements with keyworld powers, including the United Kingdom, Germany, France, Japan, and the United States, in the contextof the 2023 G7 Joint Declaration and to consider their role in strengthening Ukraine’s defense capabilities.The aim is to examine the nature of such agreements, their limitations, and their potential to protect Ukrainefrom Russian aggression, especially given the lack of full security guarantees due to the impossibilityof Ukraine’s rapid accession to NATO.This article also raises the issue of the effectiveness of such bilateral security agreements, analyzingthe historical experience of supporting countries such as Sweden and Finland during their accession to NATO,as well as analogies with the Israeli and Korean security models. An important part of the goal is also to assessthe current situation and future prospects of Ukraine’s security partnership with other states, in particularthe G7, in light of new challenges and opportunities that are opening up for Ukraine in the context of warand external support.Therefore, the article aims to outline possible strategies that can strengthen Ukraine’s defense and arguefor the need for full security guarantees as an important element of the international security system aimedat the long-term stability of the region.The methodology of the article is a comprehensive approach to the study of bilateral security agreementsbetween Ukraine and international partners, such as the United Kingdom, Germany, France, Japanand the United States of America, with the aim of in-depth analysis of their contribution to Ukraine’s defensecapabilities and strengthening its position in the international security system. Such analysis will includeseveral interrelated methods that will allow for a comprehensive study of the issue, considering it fromhistorical, legal and comparative perspectives.The first aspect of the methodology will be based on comparative analysis – a study of the main provisionsand characteristics of various security agreements concluded between Ukraine and the main partner states. Thismethod involves a detailed review of the structural composition of each agreement, the terms of cooperation,the level of obligations of the parties, the features of legal registration and the goals set within the frameworkof bilateral relations. For example, comparing the terms of the agreement between Ukraine and the UnitedKingdom with the terms of cooperation between Ukraine and Japan will allow identifying common approachesand unique features that affect the nature of support for Ukraine. Such an analysis will also help to understandhow each of the international partners seeks to contribute to Ukraine’s security, taking into account theirgeopolitical position, strategic interests and capabilities. The second approach is a historical analysis aimedat studying the development of international security in similar circumstances in other countries, in particularin Sweden and Finland. These states have for many decades concluded agreements that strengthened theirdefense autonomy, but at the same time avoided direct military blocs such as NATO. Studying their experiencewill help to understand how effective such agreements have been in countering potential threats and protectingnational security. It will also help to identify which aspects of their agreements can become a model for Ukrainein shaping its own security system, especially if integration into collective security alliances remains limited.The article concludes that bilateral security agreements between Ukraine and key international partnershave significant potential to strengthen the state’s defense capabilities in the face of military threatsand an unstable geopolitical situation. An analysis of the content of agreements with countries such as the United Kingdom, Japan, the United States of America, Germany, and France reveals significant differencesin the formats of cooperation that provide Ukraine with a wide range of opportunities, including military,technical, and economic support. In particular, agreements with the United States of America and the UnitedKingdom are aimed at providing more comprehensive assistance, covering a wide range of areas – fromthe supply of weapons to the training of personnel and investments in the restoration of destroyed infrastructure.At the same time, agreements with Japan and Germany have a more narrowly specialized framework, focusedon technical and economic assistance, which contributes to the development of Ukraine’s defense industry.Thanks to these agreements, Ukraine is able to adapt its internal structures and defense resources to newchallenges arising from the confrontation with the aggressor.In the context of the historical experience of some European countries, such as Sweden and Finland, itbecomes obvious that such bilateral agreements can help Ukraine build a sustainable national security system.Sweden and Finland, while remaining neutral, used agreements with allies to ensure their own security, createan internal defense infrastructure, and maintain strategic independence. An analysis of this experience allowsus to argue that for Ukraine, bilateral security agreements can play an important role in protecting againstexternal threats, complementing the integration processes into NATO, but at the same time leaving room forits own strategic decisions. An important aspect of the study is the assessment of the legal provisions of theseagreements. The analysis shows that most of them do not contain legally binding guarantees, but are limitedto formulations of political support and promises of cooperation. This is potentially risky for Ukraine, sincein the event of an escalation of the conflict, some partners may show limited readiness to provide operationalassistance. However, such agreements leave room for maneuver and give Ukraine flexibility in mattersof foreign policy and security.Based on the materials studied, forecasts were formulated for the further development of security relations.It is assumed that in the near future Ukraine will pay special attention to the development of bilateralagreements, given the current delay in the process of full integration into NATO. Under conditions wherethe country is forced to act in conditions of threats and take into account the limitations of traditional alliances,bilateral agreements can become an important component of national security, allowing Ukraine to strengthencooperation with individual partners that have already demonstrated their readiness to support.The practical recommendations arising from the study focus on the need to implement monitoringof the implementation of agreements, which will allow Ukraine to identify possible shortcomings in a timelymanner and optimize the management of international cooperation. The development of control mechanismswill ensure maximum efficiency from each agreement. In addition, it is advisable to strive to conclude newagreements that would provide for specific legal obligations of partners and include additional measures tostrengthen Ukraine’s internal defense potential based on the experience of other states.The overall conclusion of the study suggests that bilateral security agreements, despite the lackof formal guarantees, are important for strengthening Ukraine’s national security. They can become partof a comprehensive security system that complements Ukraine’s strategic aspirations for NATO integration,providing flexibility and additional capabilities to protect the state in the face of modern threats and challenges.The article concludes by emphasizing the importance of bilateral security agreements between Ukraineand key international partners as a basis for strengthening the state’s national security in the face of modernthreats. These agreements, although not always providing legally binding guarantees, provide Ukraine withthe opportunity to receive support in the form of military, technical and economic assistance, which is especiallyimportant in the current conditions of war and international instability. Thanks to such agreements, the countryis able to improve its defense capabilities, strengthen infrastructure and maintain strategic independence.An analysis of the experience of European countries, such as Sweden and Finland, shows that even without formalparticipation in military alliances, states can effectively ensure their security through the development of bilateralrelations with leading partners. Ukraine can gain similar benefits by concluding agreements that contribute tothe development of its defense and economic capabilities, while maintaining flexibility in its foreign policy.Despite the significant potential of these agreements, it is important to pay attention to the legal aspects, asthe lack of clear guarantees can lead to risks in the event of an escalation of the conflict. However, ensuringproper monitoring and control of the implementation of the agreements, as well as the possibility of concludingnew agreements with clear obligations, will be key to increasing the effectiveness of this cooperation.Overall, bilateral agreements play an important role in strategically strengthening Ukraine’s defensecapabilities, in particular in the context of the country’s integration into NATO. They provide the opportunityto adapt to current challenges and create a national security system capable of responding promptly to changesin the international situation.