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Obligation Not To Defeat The Object And Purpose Of A Treaty Prior To Its Entry Into Force

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Chapter Summary

Early case-law on the conduct of States in the sense of Article 18 of the Law of Treaties was stimulated by the legal position of the Versailles Treaty after its signature in 1919, but before its entry into force in 1920. Article 18 of the Law of Treaties finds its roots in Article 9 of the Harvard Draft on the Law of Treaties of 1935. The latter is, on the one hand, of a contractual nature for States parties to the Convention. On the other, Article 18 appears declaratory of customary law (N. 20), and the obligation therefore also derives for all States from general international law. The obligation under Article 18 follows that it is unnecessary, and somewhat imprecise, to speak of a retroactive effect of pacta sunt servanda {Article 26, q.v.) of the particular treaty, since it deals with situations where the treaty has not entered into force.

Keywords: conduct of States; international treaty law; Law of Treaties; Vienna Convention



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