Law 2101 Study Guide - Quiz Guide: Inter Se, Pacta Sunt Servanda, Soft Law
Document Summary
International treaties ( conventions") instrument to create international law consciously. Contract treaties: creating obligations by bilateral agreements law-making treaties: creating law by multilateral agreements. Nevertheless, all treaties bind the participating parties. The treaty as a contract: like national contracts which establishes obligations by contract that must be fulfilled by law, create treaties international obligations that must be fulfilled by international law. Customary law regulates such fulfillment, i. e. pacta sunt servanda the only law involved in treaties is the customary law that forces states to fulfil their treaty obligations. All detailed matters within the treaty are legal obligations and treaties are a material source of law. The treaty as a source of law: treaties are the only means by which states can create international law states act in accordance with the laws stipulated in the treaties because they want to be bound by law. The distinction is not made to distinct between certain legal effects but one of purpose and aim!!!
