Article 26: Pacta Sunt Servanda
In: Commentary on the 1969 Vienna Convention on the Law of TreatiesSearch for other papers by M.E. Villiger in
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Abstract
The rule pacta sunt servanda, (Article 26), that treaties must be kept, has been applied since time immemorial and is seen as the cornerstone of international relations. It applies without exception to every treaty including its annexes and appendices. A treaty, as defined, is binding upon the parties to it, that is, the treaty is obligatory. The parties must perform it and the treaty obligations must be carried out in good faith. Good faith furthermore covers the narrower doctrine of the abuse of rights according to which parties shall abstain from acts calculated to frustrate the object and purpose and thus impede the proper execution of the treaty. The third preambular paragraph emphasises that the rule is "universally recognized". The ILC purposely drafted a straightforward text in the simplest possible terms (a "staccato statement") in order to emphasise the cardinal importance of pacta sunt servanda.