Legal Literacy - This article discusses the principle of pacta sunt servanda in international agreements which is the basis for creating agreements and implementing them as agreed. In addition, this article also discusses state responsibility for violations of the principle of pacta sunt servanda, including the characteristics arising from responsibility, as well as exceptions to state responsibility for violations of international obligations, particularly in international agreements.

Definition Principle of Pacta Sunt Servanda

Principle Pacta Sunt Servanda is the most fundamental and universal principle in international agreements. The definition of the principle Pacta Sunt Servanda is that agreements made are binding as laws for the parties who make them. This principle is said to be fundamental because it underlies the creation of agreements, including international agreements, and underlies the implementation of agreements in accordance with what was agreed upon by the parties.

This principle also implies that denial or violation of agreed obligations in an agreement constitutes a breach of promise or is known as default. A follower of natural law, Grotius, stated that this principle pacta sunt servanda is a principle of natural law that underlies the international legal system, respecting promises or treaties.

Furthermore, in the Vienna Conventions of 1969 and 1986 on International Agreements, Article 26 clearly states that “Every treaty in force is binding upon the parties to it and must be performed by them in good faith” which means that every contract or agreement is binding on the parties bound in the contract or agreement and must be implemented by the parties in good faith. So if a party violates the agreement, it is considered not to have carried out its good faith.