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Topic: Pacta sunt servanda

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	Pacta sunt servanda
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	www.juridicaldictionary.com /Pacta_sunt_servanda.htm (550 words)

	[No title]
		Part of the force of the pacta maxim comes from the fact that it is one of the rare Latin phrases still cited today in the law to employ the gerundive, and the only one I have found that is affirmative rather than negative.
		What is important here is that the pacta maxim is not Roman, Whatever the Roman jurists believed about the enforceability of agreements, they did not phrase their belief in terms of pacta sunt servanda.
		The pacta maxim, slightly altered, appears as an unofficial heading to the first chapter of the De pactis title of the Decretals of Gregory IX (Pacts, however naked, must be kept).
	tldb.uni-koeln.de /php/pub_show_document.php?pubdocid=124500 (9673 words)

	Arbitration - The New York Convention of 1958
		The principle pacta sunt servanda is not a principle of law, although it is a principle recognised by law.
		The expression pacta sunt servanda, which lies at the root of all human commerce and is the basis upon which commercial principles of law are built, is not even an axiom which has to be assumed before a philosophical justification of law can be constructed.
		Arguably, the principle pacta sunt servanda precedes the law in these examples, but law places limits upon the extent to which the principle is free.
	www.hartwell.demon.co.uk /nyc_asa.htm (1474 words)

	Pacta sunt servanda (Site not responding. Last check: 2007-10-13)
		The only limit to the "pacta sunt servanda" rule is to be found in the notion of "peremptory norm of general international law" (or jus cogens).
		But apparently States expect increasingly out of realism that the treaties they conclude in certain areas, in particular with regard to the protection of the environment, will not be properly implemented by all States parties just out of respect for the "pacta sunt servanda" rule.
		This is why several recent treaties contain obligations to cooperate in order to facilitate compliance with the treaty obligations (see also Article 8 of the Ottawa Convention on the prohibition of landmines).
	www.walter.gehr.net /servanda.html (222 words)

	Chengwei, Liu (Site not responding. Last check: 2007-10-13)
		Moreover, Pacta sunt servanda is considered a cornerstone of the lex mercatoria.
		This principle is considered by some commentators to be a sort of contrariety to pacta sunt servanda but is really in healthy tension, an attenuation, covering all of the substantial varieties among different national systems of excuse concepts or varieties of relief from an unjust application of pacta sunt servanda.
		Though pacta sunt servanda still is the main rule, under the two Principles exemptions from obligations are granted on a more lenient basis and the contract can be more freely modified by the court.
	www.cisg.law.pace.edu /cisg/biblio/chengwei-79.html (17387 words)

	www.myspace.com/pactasuntservanda
		I, C-J Larsgården, started soloproject Pacta (Sunt Servanda) 2004 and has since then recorded continuously.
		March 2007: I have decided to change name and cut "sunt servanda".
		Besides Pacta I am involved in numerous other projects such as indietronic duo A Perfect Friend that will release it’s debut album on Belgian label Stilll in June 2007, the ambient experimental project Larsgarden/Rowenta with German sound artist Frank Rowenta, guitar trio Misto and drone/doom project Ondo etc. More info: www.pactasuntservanda.se
	www.myspace.com /pactasuntservanda (993 words)

	[No title]
		The cornerstone of contract law is freedom of contract or the principle of autonomy, which means that when observing the proper legal restrictions, people can engage in whatever contractual relations they choose; and once they have decided to do so, they are bound by their contract.
		By the end of the eighteenth century, pacta sunt servanda reigned supreme, and the theory of rebus sic stantibus had been relegated to the doctrinal scrap heap.
		Pacta sunt servanda, on the other hand, was perfectly coherent with the concept of lasse faire, lassez passe.
	www.murdoch.edu.au /elaw/issues/v8n3/saliba83.txt (4114 words)

	The Theorist as Judge: Hersch Lauterpacht's Concept of the International Judicial Function (Site not responding. Last check: 2007-10-13)
		Within the State the rule pacta sunt servanda is one of the rules of law sanctioned by the legal order; in international society it constitutes the highest, irreducible, final criterion.
		Lauterpacht indicated that, to some extent, he found pacta sunt servanda inadequate as a fundamental presupposition because it refers solely to agreements between states and accordingly does not directly explain the binding force of custom or of general principles of law.
		An initial hypothesis expressed in the terms of voluntas civitatis maximae est servanda would point, as the source of law, to the will of the international society expressing itself in contractual agreements between its constituent members, in their customs, and in the general principles of law which no civilized community can afford to ignore;...
	www.ejil.org /journal/Vol8/No2/art2-02.html (2042 words)

	Global
		Although global governance is currently not maintained by a universal legislature, the unwritten fundamental rule of pacta sunt servanda, that is all treaties should be honoured, enables states to cooperate and develop regulations through treaties with which they agree to comply.
		Justice exists in global governance only to the extent that it can be witnessed in the ethical character which underlies many rules of law, specifically in pacta sunt servanda, which are often superseded by power politics.
		Even the rule of pacta sunt servanda, which is not merely the fundamental governing rule of international law but the cornerstone of the international system, is not a moral principle but a devised ruling acting as the bulwark of the existing order.
	www.angelfire.com /zine/penelope/html/global.html (3295 words)

	SIPRI YEARBOOK 2004, CHAPTER 19
		The performance of obligations owed under a treaty is safeguarded by the principle expressed in the Latin maxim pacta sunt servanda—agreements are to be honoured in good faith.
		Prima facie, a unilateral withdrawal would seem to run counter to the notion that the termination of a legally binding international agreement should not be at the discretionary interest of a single party.
		On the other hand, because both the USA and North Korea invoked provisions that were part of the pactum in question, their actions are not contrary to the principle of pacta sunt servanda.
	editors.sipri.se /pubs/yb04/ch19.html (664 words)

	University of Minnesota Human Rights Library
		Article 68(1) of the American Convention on Human Rights stipulates that “the State Parties to the Convention undertake to comply with the judgment of the Court in any case to which they are parties.” The duties of the State Parties under the Convention bind all the actions and organs of the State.
		This obligation corresponds to the basic principle of law of international responsibility of the State, which is supported by international jurisprudence and according to which the States must comply with their obligations under the Convention in good faith (pacta sunt servanda).
		To declare that, in agreement with the basic principle of pacta sunt servanda and in conformity with that which Article 68(1) of the American Convention on Human Rights sets forth, the State has the duty to promptly comply with the judgment issued by the Inter-American Court of Human Rights in the Castillo Petruzzi et al.
	www1.umn.edu /humanrts/iachr/pr27-99.html (612 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		B Sources of international Law - According to the Statutes of the International Court of Justice, international law is derived from 1 Treaties 2 Customs 3 General principles of law (external) 4 Judicial decisions and scholarly writings 5 International resolutions - such as those generated by the UN 4.
		DOCTRINES Pacta sunt servanda treaties entered into voluntarily must be followed.
		No Government would decline to accept the principle pacta sunt servanda, and the very fact that Governments find it necessary to spend so much effort in explaining in a particular case that the pactum has ceased to exist...
	www.towson.edu /~roberts/107/L10law.htm (1786 words)

	The Continuing Influence of Kelsen on the General Perception of the Discipline of International Law (Site not responding. Last check: 2007-10-13)
		Lauterpacht distinguishes himself from Kelsen, and also from Verdross, in saying that it is not important to know whether this claim for the principle pacta sunt servanda can be juridically verified or whether it is a rule of customary law.
		`For in each case the rule [pacta sunt servanda] in its actual operation, confronts the state independently of its will'(419).
		Pacta sunt servanda may provoke confusions and have us still believe ourselves in the presence of a law of coordinated sovereignties.
	www.ejil.org /journal/Vol9/No2/art7-04.html (924 words)

	Separate opinion of Judge Koroma
		Foremost among these principles is that of pacta sunt servanda which forms an integral part of international law.
		The Treaty itself, in its Articles 15, 19 and 20, imposed strict obligations regarding the protection of the environment which were to be met and complied with by the Contracting Parties in the construction and operation of the Project.
		In effect, the evidence was not of such a nature as to entitle Hungary to unilaterally suspend and later terminate the Treaty on grounds of ecological necessity.
	www.ruhr-uni-bochum.de /www-public/fischhcy/ICJ/E412.htm (3427 words)

	Shael Herman (Site not responding. Last check: 2007-10-13)
		Following Rabel's suggestion, if the meaning of pacta sunt servanda [3] is not to be hollowed out, then a solemn undertaking should offer the contract violator no alternative obligation.
		[4] On [page 440] the contrary, so argue proponents of pacta sunt servanda, the victim of the breach, not the contract violator, should be afforded an opportunity to decide whether he prefers the breaching party's performance or a judgment against the latter for damages consequent upon his non -performance.
		The maxim pacta sunt servanda was codified in the heading of article 26 of the Vienna Convention on the Law of Treaties.
	www.cisg.law.pace.edu /cisg/biblio/herman.html (9986 words)

	Is Singapore's reclamation work justifiable under international law?
		It cannot compromise on good faith and the crucial general principle of International law --- pacta sunt servanda, the idea that international agreements are binding.
		The law of treaties rests inexorably upon this principle since the whole concept of binding international agreements can only depend on the presupposition that such instruments are commonly accepted as possessing that quality.
		Just as the very rule of pacta sunt servanda in the law of treaties is based on good faith, so also is the binding character of an international obligation assumed by unilateral obligation."
	www.singapore-window.org /sw02/020309n2.htm (579 words)

	Pacta sunt servanda x Rebus sic stantibus: uma breve abordagem. (Site not responding. Last check: 2007-10-13)
		Pacta sunt servanda x Rebus sic stantibus: uma breve abordagem.
		Aqui estão dois temas correlatos: pacta sunt servanda e rebus sic stantibus.
		Pacta sunt servanda x Rebus sic stantibus:uma breve abordagem.
	www.ufsm.br /direito/artigos/civil/pacta-rebus.htm (6791 words)

	The Umbrella (or Sanctity of Contract/Pacta sunt Servanda) Clause in Investment Arbitration: A Comment on Original ...
		The extent to which customary law (in the past) and modern investment treaties (bilateral/multilateral) at present protect contracts concluded with the state and its attributed entities has been controversial in the past and continues to be so.
		The same thinking is likely to apply in procedural terms - with preference to be given either to the primacy of domestic courts versus primacy to international arbitration.
		This study will examine the role of the clause in investment treaties relating to the "observation of commitments" (labelled "umbrella" or "pacta sunt servanda" or "sanctity of contract" or "respect for contract" clause).
	www.transnational-dispute-management.com /samples/freearticles/tv1-4-article_2.htm (961 words)

	Internet Archive: Details: Pacta Sunt Servanda - A trap it is
		Internet Archive: Details: Pacta Sunt Servanda - A trap it is
		Pacta Sunt ServandaPacta Sunt Servanda - A trap it is (October 2, 2005)
		The sounds you hear are created from various sources such as piano, guitar (acoustic and electric), amps, pedals and effects, bells, tape recorders, mouth, field recordings, software effects and synths, computers...
	www.archive.org /details/iatmp3003 (92 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		Assim, se pode dizer que pacta sunt servanda é o princípio segundo o qual o contrato obriga as partes nos limites da lei.
		Melhor seria dizer, então, que o pacta sunt servanda signifique a obrigatoriedade do cumprimento dos contratos desde que observado o Direito (e não só a lei), ou: os contratos existem para serem cumpridos, desde que não se lese direito de quem quer que seja.
		Aliás, pode-se dizer que estes princípios (pacta sunt servanda e rebus sic stantibus), mais que contrapostos, se completam, porque o alcance de um só vai até o do outro.
	www.eticadireito.hpg.ig.com.br /pactasuntservandaxebussicstantibus%20-artigos.htm (6576 words)

	Encyclopedia: Pacta sunt servanda
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	www.nationmaster.com /encyclopedia/Pacta-sunt-servanda (473 words)

	[No title]
		The parties are free to enter into contracts and to determine their contents (principle of party autonomy).
		It can only be modified or terminated by consent of the parties or if provided for by the law ("pacta sunt servanda").
		A valid contractual consent requires that the parties intend to be legally bound and that they have sufficiently identified the terms of the contract with respect to the parties and the subject matter.
	tldb.uni-koeln.de /php/pub_show_toc.php (3091 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		For a decade, both ICC and others have developed contractual instruments to mitigate the rigour of «pacta sunt servanda» in commerce.
		Arbitration practice and jurisprudence - at least under Norwegian law - seem to demonstrate the awareness of the dangers of diluting «pacta sunt servanda» in a balanced, commercial contract climate.
		Its legitimacy may be questioned, particularly in legal environments where commercial courts have a true will to design intelligible solutions even in «pacta sunt servanda» scenarios.
	www.cisg.law.pace.edu /cisg/biblio/kruger2.html (10806 words)

	Week 6: Treaties and Diplomacy
		In addition to the Shaw readings, please also take a look at the 1969 Vienna Convention on Treaties and the Statute of the ICJ.
		Think, again, as you look at this material about Pacta sunt servanda and Rebus sic stantibus, as well as jus cogens.
		If you are interested in looking at them, you'll find the Vienna Conventions on diplomatic and consular relations (1961, 1963) here.
	www.lions.odu.edu /~kgaubatz/IntLaw/daynotes/week6.htm (357 words)

	iHS: SUMMARY - Gabcíkovo-Nagymaros Project (Hungary/Slovakia) Summary of Judgment of 25 September 1997 (Site not responding. Last check: 2007-10-13)
		What is required in the present case by the rule pacta sunt servanda, as reflected in Article 26 of the Vienna Convention of 1969 on the Law of Treaties, is that the Parties find an agreed solution within the co-operative context of the Treaty.
		In his separate opinion, Judge Koroma stated that he supported the Court's findings that Hungary was not entitled to suspend and subsequently to abandon the works on the Project for which the Treaty had attributed responsibility to it, and that the Treaty continues to be in force.
		These findings, in his view, were not only in accordance with the Treaty but with the principle of pacta sunt servanda, one of the foremost principles of international law and indeed an integral part of it.
	www.icj-cij.org /icjwww/idocket/ihs/iHS_summaries/ihssummary19970925.html (8518 words)

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