Treaty Validity

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Treaty Validity

Introduction to Treaty Validity

The usual conditions essential to the valid conclusion of a treaty are that the contracting parties must have the requisite capacity to enter into international engagements, the plenipotentiaries who negotiate the treaty must be properly authorized, and freedom of consent on the part of the signatory powers must exist. It is now recognized that a treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the United Nations Charter (see United Nations).

Peace treaties concluded after the cessation of hostilities were usually considered not to be void because of the preceding warfare. Nevertheless, in 1932 the U.S. established a policy not to recognize any treaty or agreement brought about by means contrary to the Kellogg-Briand Pact. This principle, known as the Stimson Doctrine, was adopted by the League of Nations. Similar principles were included in the 1969 Vienna Convention on the Law of Treaties.” (1)


Notes and References

Guide to Treaty Validity

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