条约的遵守和履行剖析.ppt

Observation and Application of Treaties 条约的遵守和履行 Words Observation 遵守 Application 履行 Pacta sunt servanda 条约必须履行 In good faith 善意 Invoke the provision 援引条款 Justification 辩护 释罪 Be subject to 从属于 Words Without prejudice to 不使…受损 Non-retroactivity 法不溯及既往 Bind/binding 约束 有约束力 Subject matter 事项 Cease 停止 Prevail 优先适用 Successive 连续的 继承的 Incompatible 不相容 矛盾的 compatible Specify 指明 列明 Observation of treaties Art.26 27 Article 26 “Pacta sunt servanda”Every treaty in force is binding upon the parties to it and must be performed by them in good faith. Article 27 Internal law and observance of treatiesA party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46. Article 28 Non-retroactivity of treatiesUnless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the treaty with respect to that party. Article 29 Territorial scope of treatiesUnless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory. Application of successive treaties relating to the same subject matter Thank you! International law commission 1966 report Fundamental principle of law of treaties Be subjected to 受到 经受 Principle of pacta sunt servanda 条约必须履行Internal law will not be the excuse Art. 46manifest violationfundamental importance principle of non-retroactivity Art. 28 Territory scope Art. 29 Application of treatiesApplication of successive treatiesrelating to the same subject matter Art. 30 Different intention Otherwise established When provisions in earlier or later treaty specifies When earlier and later treaties have the same parties When the parties to the later treaty do not include all the parties to t