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The only limits to application of pacta sunt servanda are the peremptory norms of general international law, which are denominated "jus cogens", i.e. compelling law. The legal principle of clausula rebus sic stantibus in customary international law also permits non-satisfaction of obligations pursuant to treaty because of a compelling change of ...
Clausula rebus sic stantibus is the legal doctrine allowing for a contract or a treaty to become inapplicable because of a fundamental change of circumstances. In public international law the doctrine essentially serves an "escape clause" to the general rule of pacta sunt servanda (promises must be kept).
This can be explained by reference to the purpose which failed (the basis of the action): where pacta sunt servanda, the purpose is successful on discharge of the legal duties which flow from the contract, namely transfer of the object of the contract.
pacta sunt servanda: agreements must be kept: Also "contracts must be honoured". Indicates the binding power of treaties. One of the fundamental rules of international law. palma non sine pulvere: no reward without effort: Also "dare to try"; motto of numerous schools. palmam qui meruit ferat: He who has earned the palm, let him bear it.
Article 26 defines pacta sunt servanda, that agreements must be kept; Article 53 defines jus cogens, peremptory norm; Article 62 defines Fundamental Change of Circumstance, which determines the validity or invalidity of a treaty; and Article 77 defines depositary, the organisation or person who holds a multilateral treaty.
Nevertheless, all valid treaties must comply with the legal principle of pacta sunt servanda (Latin: "agreements must be kept"), under which parties are committed to perform their duties and honor their agreements in good faith.
Pacta sunt servanda "Agreements are to be kept." Contracts are the law or contracts establish obligations (between those who sign them). Par in parem non habet imperium "Equals have no sovereignty over each other." Prior tempore potior iure "Earlier in time, stronger in right." "The law favors those who establish their rights earlier rather ...
An underlying principle of the law of contract (pacta sunt servanda or sanctity of contract) is that agreements seriously concluded should be enforced, but agreements that are clearly detrimental to the interests of the community as a whole, whether they are contrary to law or morality (contra bonos mores), or if they run counter to social or ...