Question

Which one of the following doctrine requires that the parties to a treaty are bound to observe its terms in good faith?

• A. The Drago doctrine
• B. Right of asylum
• C. Doctrine of equality
• D. Pacta Sunt Servanda

Hint:

Remember the two cornerstones of treaty law from the Vienna Convention: 1. \textbf{Pacta Sunt Servanda (Art. 26)}: Treaties are binding and must be performed in good faith. 2. \textbf{Rebus Sic Stantibus (Art. 62)}: A treaty may be terminated due to a fundamental change of circumstances (this is a very narrow exception).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
This question asks to identify the fundamental principle of international law that governs the binding nature of treaties.
Step 2: Detailed Explanation:
- Pacta Sunt Servanda: This is a Latin phrase meaning "agreements must be kept". It is the foundational principle of the law of treaties. It signifies that once a state has consented to be bound by a treaty, it must perform its obligations under that treaty in good faith. This principle is codified in Article 26 of the Vienna Convention on the Law of Treaties (1969).
- The Drago doctrine: This is a principle of international law that rejects the right of a state to use armed force against another state for the collection of public debts.
- Right of asylum: This refers to the protection granted by a state to a foreign citizen on its own territory from their home state.
- Doctrine of equality: This refers to the principle of sovereign equality of states, meaning all states have equal rights and duties as members of the international community.
The doctrine that specifically requires parties to a treaty to observe its terms in good faith is Pacta Sunt Servanda.