Pacta Sund Servanda

Literal Translation

The literal meaning of the maxim is "Agreements must be kept".

Definition

The literal meaning of the maxim is "Agreements must be kept". It is the principle used in the International Law, which means "all the signatories should uphold international treaties". The rule is based upon the principle of "Good Faith". The Good faith indicates that a party cannot invoke the provisions of the domestic law as justification for a failure to perform. The only limit to the maxim is peremptory norms of general international law known as “jus cogens” which denotes the meaning “Compelling law”.

Illustration

"A" and "B" are the two nations signing treaties which lack the principle "pacta sund servanda". It will be ultimately unbinding, and it cannot be enforceable. Since treaties are should be executed with Good Faith. Therefore, the treaty will be void.

Case Law

· Eureko B.V    V.    Poland  (2005)

· CMS Gas Transmission Company V. Republic of Argentina (2005)

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