The Substantial Cause for Invalidity of Treaties
|School||Guangxi Normal University|
|Keywords||Contractual capacity Contracting authority Jus cogens Treaty Conflict|
Treaty is a basic form of international communication, international law through treaties between subjects to determine the mutual rights and obligations. With the deepening of international exchanges, treaties concluded between subjects of international law are countless, these treaties safeguard the smooth development of international relations. Important international treaties, such as the \From about the text of a treaty agreed to take effect, after many steps. When a treaty was negotiated, signed, ratified and registration procedures, to become a formal legal treaties. However, a formal legal treaties, often because the real reasons which led invalid. The real reasons include lack of contractual capacity, institutions and rights on behalf of the Contracting Parties Passover agree defective (error, fraud, bribery representatives, forced), in violation of jus cogens and the conflict between the treaty. Real reason is the main cause treaty invalid. Contracting main advocate treaty invalid, often based on substantive reasons. 1969 \In the Convention, the real reason for the invalidity of treaties make provision, namely, representatives of state organs and the right to go beyond the Contracting Parties, errors, fraud, bribery representatives, coercion and violation of jus cogens. Since the Convention itself is a variety of perspectives and requirements of the international product of compromise, in order to reach an agreement, the drafting committee to draft some provisions had not been included into the convention. Which led to the substance of the treaty invalid because one of the \This article is based on an academic study substantive treaty invalid reasons, mainly in accordance with the provisions of the Convention in order to discuss, while the Convention is not incorporated into the reasons, but also to them all. Chapter 1 introduces the causes and types of treaty invalid; since the Convention itself is a product of compromise, the Convention on the substance of the treaty is invalid because the provisions are kept defect, this article will be discussed in Chapters 2-5 lead to invalidity of a treaty The real reason (these substantive reasons include contracting lack of capacity and beyond contracting authority, consent is defective, in violation of jus cogens and treaty conflicts), the theoretical analysis, mutatis mutandis, on the basis of the control provisions of the Convention, to scholars how that provisions of the Convention , I believe that the provisions of the Convention describes how logic, combined with case-depth analysis in the various substantive treaty invalid reasons, these constitute a substantial cause of, and validity of a treaty relationship. In the analysis and comparison, based on the results of the thinking on improving the provisions of the Convention. Accordingly, the paper is divided into five chapters, the main contents are as follows: Chapter 1 introduces the definition and characteristics of the treaty, the treaty that the leading causes of invalidity, including the form and substance of the reasons why. Real reason is illegal Treaty of factors led to the process of the treaty itself or deficiencies, including lack of contractual capacity, contracting authorities and the representatives beyond the right to agree to be defective, in violation of laws and treaties forced conflict. Invalid due to different reasons, the treaty null and void divided into absolute relative invalidity categories. Invalid Invalid absolute and relative classification after four chapters corresponding substantive treaty invalid reasons discussed. Chapter 2 describes the resulting treaty invalid substantive reasons - lack of capacity and beyond the Contracting Parties to the right combination of theory, conventions, case depth analysis of the Contracting Parties to the right skills and concepts and distinctions, lack of capacity and beyond the Contracting Parties and Contracting authority validity of a treaty relationship, the Convention on International Organizations perfect draw for national independence and liberation organizations, local administrative capacity to conclude treaties, institutions and the validity of a treaty issues such as ultra vires the provisions of the proposal. Chapter 3 describes the resulting treaty invalid substantial cause of two - consent is defective, combining theory, conventions and case studies agree that there is defective in various situations: error, fraud, bribery and coercion on behalf of their concept, composition, agrees with the various situations defective validity of a treaty relationship, obtained under the Convention deficiencies and improve the relevant provisions of the Convention in China. Chapter 4 describes the substance resulting treaty invalid The third reason - violation of jus cogens, the definition and extension of jus cogens, effectiveness issues in-depth analysis, combined with the provisions of the Convention, doctrine and case analysis method and the validity of a treaty violation forced relationship, violation consequences of jus cogens, forced law retroactively. As many unequal treaties forced law is a violation of the treaty, so characteristic of the unequal treaties and effectiveness described in the chapter together. Chapter 5 describes the resulting treaty invalid substantial cause of the four - the treaty conflicts. This chapter treaties were different conflict situations, combining theoretical, conventions and case studies the effectiveness of the treaty conflict, conflict and that the Convention on the validity of a treaty treaty provisions defect problems, draw perfect Convention provisions on treaty conflicts recommendations.