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Internal Law And Observance Of Treaties

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Chapter Summary

It is a generally accepted principle of international law, going back to the Alabama Claims Arbitration of 1872, that in the relations between States parties to a treaty the provisions of domestic law cannot prevail over those of the treaty. Article 27 denies that a State can invoke the provisions of its internal law to avoid responsibility for the observance of its treaty obligations and in particular to justify its failure to perform a treaty. It strengthens the principle of pacta sunt servanda in Article 26. The rule in Article 27 is without prejudice to Article 46 on Provisions of Internal Law Regarding Competence to Conclude Treaties. Article 27 does not express itself on the position which international law should be given within the internal legal order. It expresses the principle that on the international level international law is supreme. Article 27 recognises the validity of general international law.

Keywords: Article 27; internal law; international law; pacta sunt servanda; treaties



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