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THE STATUS OF THE 2025 US-UKRAINE MINERALS AGREEMENT UNDER INTERNATIONAL LAW AND WHY IT IS UNSUSTAINABLE.

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Abstract

On April 30th, 2025, US-Ukraine Minerals Agreement is ambiguous in nature. While it may indeed evolve towards a contract or even a treaty, at present it is a political agreement, albeit one whereby the parties rely on the pertinent incentives to ensure compliance. This form of compliance, lacking normativity, is similar to the format of the Sustainable Development Goals and other political agreements. The agreement itself is contingent on a subsequent agreement, that has yet to be finalized and become public, which no doubt will possess a normative character. This latter agreement will serve as the articles of agreement of the investment fund envisaged in the April 30th agreement and which is to be incorporated as a limited liability partnership. The author argues that the agreement violates the internal economic/financial self-determination of the people of Ukraine. Consequently, even if the agreement were to somehow be characterized as a treaty or a contract, it was procured by succinct bursts of coercion on the part of the U.S. and hence may be repudiated on such a ground. In equal measure, the proceeds that are meant to accrue to the USA may be viewed as an obligation giving rise to odious or illegal debt. The U.S.-Ukraine agreement, while stipulating its conformity with Ukraine’s obligations under other agreements with the EU, appears to conflict with those obligations
Original languageEnglish
Pages (from-to)1-30
Number of pages30
JournalWashington International Law Journal
Volume35
Issue number2
Publication statusPublished - 21 May 2026

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