What is Pacta Sunt Servanda?

                                    Pacta Sunt Servanda is a Doctrine borrowed from Roman law and has been adopted as a principle growing treaties in International Law. According to Anzilloti, the binding force of International Law is based on the Fundamental principles known as Pacta Sunt Servanda Which means that the agreement entered into by the States must be followed by them in good faith. According to this doctrine, the parties to a treaty are bound to observe its terms in good faith. 

       The theory is one sided for many usages and customary rules of law. This theory fails to explain the binding force of customary rules of International Law.  much of the code of rights and duties are not prescribed but are followed by States in their intercourse with each other.

    Many eminent jurist classify the maxim Pacta sunt Sevanda as a general principal of law, but it is any event not to be doubted  that the rule has all the characteristics of a Customary rule.  


Post a Comment

See Also..