Question

Meaning of a repudiation of the treaty not sanctioned by the present convention

Answer 1

The term treaty is used generically to describe a variety of instruments, including conventions, agreements, arrangements, protocols, covenants, charters, and acts. In the strict sense of the term, however, many such instruments are not treaties. The key distinguishing feature of a treaty is that it is binding. For example, whereas the United Nations (UN) Charter (1945) created a binding agreement and is thus a treaty, the Charter of Paris (1990), which established the Organization for Security and Co-operation in Europe(formerly the Conference on Security and Co-operation in Europe), is not a binding document as such and thus is not officially a treaty. Treaties are expected to be executed in good faith, in keeping with the principle of pacta sunt servanda (Latin: “agreements must be kept”), arguably the oldest principle of international law. Without this principle, which is explicitly mentioned in many agreements, treaties would be neither binding nor enforceable.

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