PACTA SUNT SERVANDA

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

PACTA SUNT SERVANDA-

Tanmoy Mukherjee

Advocate

Pacta sunt Servanda is a Latin maxim which means: "Agreements must be kept" or "Contracts must be honoured".

-It is the fundamental rule of treaty law and one of the most important principles of International Law.

Codification-

Vienna Convention on the law of treaties (1969)-

→Article 26

Every treaty enforce is binding upon the parties to it and must be performed by them in good faith.

→Article 27

A State may not invoked the provisions of its internal law as justification for its failure to perform a treaty.

Together, Art 26 & Art 27 protect the sanctity of treaties and prevent States from withdrawing at will.

Importance-

Reference Cases-

Views of Jurists-

OPPENHEM-

According to OPPENHEM- Pacta sunt Servanda is the backbone of international treaty law.

LAUTERPACHT-

According to LAUTERPACHT- Viewed the principle as a moral or legal duty.

GROTIUS-

According to GROTIUS- Considered the rule essential for maintaining peace and co-operation.

Dr. MUKHERJEE-

According to Dr. MUKHERJEE-Without this moral duty international Law would collapse.