Treaty

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Treaties have been the part of world community since time immemorial, they have been used by various

kings,
princes, states as a way of establishing peaceful pacts. Article 38 of the ICJ statute dictates treaties to be one of
the important sources of International Law. Treaties are considered to be a formal and direct source of
International Law which regulates the behaviour and relationships between nations. Majority of conduct between
states are governed by the nature of the Treaty device which provides for the rights and obligations of the parties
forming part of the treaties.

Treaties are nothing but an agreement between the states that are entered mutually, they can also be referred to
as agreement, convention, protocol, charter, Pact, Protocol or concordat. An International Convention on the Law
of Treaties was signed in 1969 and came into force in 1980, while a Convention on Treaties between States and
International Organisations was signed in 1986. Definition of the term “Treaty” as given under Section 2(1)(a) of
Vienna convention on the law of treaties is that it means an international agreement concluded between States in
written form and governed by international law.

Vienna convention on the law of treaties, 1969 is commonly referred to as “treaty on treaties,” that forms an
essential part of customary International Law which provides for the basic framework regarding the characteristics
and behaviour of treaties. It defines a treaty and relates to how treaties are made, amended, interpreted, how they
operate and are terminated. It does not aim to create specific substantive rights or obligations for parties – this is
left to the specific treaty.

PACTA SUND SERVANDA

For those who believe that the "general principles of law" form a third source of international law, which
is not limited to the jurisdictional system of the International Court of Justice in The Hague, the principle
of the sanctity of contracts is such a general legal principle.34 It is found in foro domestico, as we have
seen, in all countries. It is one of the most important general principles of law for the relations between
nations. Without the powerful instrument of the contract, no international law is possible.35 As this
writer is an adherent of the application, carefully adapted and taking into account social necessity, of
natural law to inter- national relationships, the idea that the sanctity of contracts rests on a general
principle of law seems especially evident.36 This principle is, however, also a part of customary law.
Certainly, the phrase Pacta sunt servanda, in the first instance, had a religious origin,

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