THE EFFECTS OF THE TREATIES theoretical and practical aspects
THE EFFECTS OF THE TREATIES theoretical and practical aspects

Summary/Abstract: The changes that occurred in the 20th Century have led to intensifying the relations between the states, which, in turn, has led to rendering the treaty autonomous within the sources of international law. Thus, the fundamental role of the treaties in international society cannot be challenged, these being considered the main means of expressing the norms of international public law. The frequent use of the treaty in order to create rights and obligations at international level has given rise to an increased interest in codifying the rules in this field. Among the multitude of the aspects regulated by the Vienna Convention of 1969, the latter pays special heed to the effects of the treaties to the parties, and also to the aspects regarding the effects of the treaties on third parties. The effects of the treaties on third parties are coordinated by two internationally recognized principles, instated both by means of customs law and conventionally, namely: the principle of meeting the international obligations in good faith and the principle of relativity of the effects of the treaties. Instated as fundamental principle in international law, the pacta sunt servanda principle is recognized as being of utmost importance to the treatise law, as its scope is the entire field of international agreements. According to relativity of the effects of the treaties, the application of a treaty is limited, in principle, to the party states and to their mutual relations, which rules out the occurrence of effects to third parties -pacta tertiis nec nocent nec prosunt. The unanimous recognition of the principle of relativity of the treaties in international law does not prevent the identification of the exceptions to this principle, in respect of creating either various obligations to or rights in favour of third party states. The observance of international treaties involves ensuring the application of the same in the domestic law of the states. A party state cannot invoke the provisions of its domestic law to justify a failure to perform under a treaty.

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