Frail International Obligation and Imperiled Global Peace: The Myth of Pacta Sunt Servanda

Divyanshu Kumar and Rudransh
Maharashtra National Law University, Nagpur, India.

Volume III, Issue V, 2020

The law of the treaties is based on the principles of “pacta sunt servanda” which means that agreements are to be kept. It is one of the basic principles of international law that treaties must be performed in good faith and are binding. Article 26 of the Vienna Convention on Law of The Treaties reiterates that treaties are meant to be adhered to in good faith. Bilateral or multilateral treaties and agreements have been the most apt and amicable way of addressing disputes between the nations. These treaties lay down rights and obligations of the parties and the course of action required to ensure de-escalation of the dispute. Yet there have been numerous instances where the treaties and agreements have violated for individual interests of nations. In significant number of cases, such breaches jeopardized the international peace and security. This can be ascribed to the inefficient enforcement regime and insignificant repercussion for such breaches. This has grossly limited the relevance of the law of treaties and the principle “pacta sunt servanda” has been rendered nugatory. This research paper attempts to throw light upon the lacunas in the existing regime of the United Nations regarding the breach of treaties. It also attempts to put forward suggestions and reforms to strengthen the obligation of aggressors.