Question

Which principle of international law is expressed in the dictum pacta sunt servanda?

• A. Agreements are binding.
• B. Sovereign is supreme.
• C. Sovereignty is subservient to international law.
• D. Supremacy of law.

Hint:

While *pacta sunt servanda* ensures that treaties are binding, the principle of *rebus sic stantibus* (things remaining as they are) is an exception that allows a treaty to be terminated if there is a fundamental change of circumstances.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks for the meaning of the fundamental Latin legal maxim "pacta sunt servanda" within the context of international law.

Step 2: Key Legal Principles and Approach:
The principle of *pacta sunt servanda* is the cornerstone of the law of treaties and international agreements.
It is codified in Article 26 of the Vienna Convention on the Law of Treaties (VCLT), 1969.

Step 3: Detailed Explanation:

• Translation and Definition: The Latin phrase *pacta sunt servanda* translates literally to "agreements must be kept."

• In international law, it signifies that treaties and agreements entered into by sovereign states are legally binding upon them and must be performed in good faith.

• Codification in VCLT: Article 26 of the VCLT states: "Every treaty in force is binding upon the parties to it and must be performed by them in good faith."

• Importance of the Principle: This principle forms the foundation of international order and cooperation.

• Without this rule, states could arbitrarily withdraw from treaties or violate their international obligations without legal consequences, destroying the predictability of international relations.

• A state cannot invoke the provisions of its internal (municipal) law as a justification for its failure to perform a treaty, as reaffirmed in Article 27 of the VCLT.

• Therefore, the dictum represents the principle that agreements are binding, which matches Option (A).

Step 4: Final Answer:
The dictum *pacta sunt servanda* means that treaties and agreements are binding and must be performed in good faith, making Option (A) the correct answer.