a brief introduction to pacta sunt servanda & the principle of good faith fulfilment

The notion known by the Latin Formula pacta sunt servanda is questionably the oldest principle of International Law. Pacta sunt servanda is the fundamental principle in diplomacy and International Law which holds that International Treaties, once entered into, should be upheld by all the signatories. Pacta sunt servanda is based upon good faith- implies the bona fide- of the parties. Although it reflects a longstanding moral aspect of contract in our law that there is an ethical as well as legal and moral obligation to keep one's contractual promises.Hence, the only limitation to pacta sunt servanda are the peremptory norms of general international law named as jus cogens which means compelling law.

The Civil Code of France 2010 codifies pacta sunt servanda as "agreements lawfully entered into take the place of the law for those who have made them. They may be revoked only by mutual consent or for causes authorised by law. They must be performed in good faith." However in Davis v G.N Mortgage the court marked pacta sunt servanda as a bedrock principle at contract law.

Article 26 of the Vienna Convention provides the principle of pacta sunt servanda that "every treaty in force is binding upon the parties to it and must be performed by them in good faith". With regard to International agreements every Treaty is based on the consent of the parties to it. It should be applied in good faith and is binding.The root of good faith indicates that a party to the Treaty cannot raise provisions of its domestic law as a justification for a failure to perform.

Ending, in the sociopolitical sphere, this fundamental principle of pacta sunt servanda may be seen as manifesting the need perceived by states for an International Legal System that can secure International order and forbid arbitrary chaos and behaviour. But in the legal sphere this principle could be seen as confirmation of the character of International Law as law. Under the principle the subjects of International Law are legally bound of what the law prescribes. The principle of good faith is the jus necessarium and is objectively needed.

for further reading: http://en.wikipedia.org/wiki/Pacta_sunt_servanda
http://www.jstor.org/pss/2203309
http://www.duhaime.org/LegalDictionary/P/PactaSuntServanda.aspx
http://www.britannica.com/EBchecked/topic/628186/Vienna-Convention-on-the-Law-of-Treaties