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There exist different classifications of treaties. Political treaties include alliances,
peace settlements,
disarmament agreements, and territorial settlements. Commercial treaties deal with tariffs, fishing
rights, navigation, and the opening of consulates and offices of tourism. Some treaties are
constitutional or administrative documents. The United Nations Charter is an example. Such treaties
establish and regulate international organizations and specialized agencies. There are treaties that deal
with criminal justice, that define international crimes such as terrorism, and that provide for
extradition, or the process by which one state surrenders to another an individual for trial. Treaties
pertaining to civil law are conventions for the protection of human rights and for the enforcement of
trade mark and copyright laws. The codifying of international law also
comes within the scope of
treaties. These include rules for the conduct of war and the settlement of disputes. A single treaty often
embraces several of these elements.
The principle that treaties must be observed –
pacta sunt servanda– constitutes the foundation
of the law of treaties. The Vienna Convention on the Law of Treaties states this as follows: “Every
treaty in force is binding upon the parties to it and must be performed by them in good faith.” This
means that each treaty that is legitimately in force is legally binding on all signatories. It must be
carried out in good faith, i.e. not formally but honestly; each signatory State has the duty to take all
measures necessary to carry out the treaty's provisions in accordance with its aims and principles. The
principle of good faith prohibits abuses of treaty rights – that is, their use to the disadvantage of the
legitimate rights and interests of other States. Finally, an important substantive
element of the principle
that “treaties must be observed” is that a State may refuse to implement a treaty or limit its
implementation only on the basis of international law. A signatory State does not have the right to refer
to its own domestic law to justify the non-execution of treaties.
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