,LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 1
2025 - DUE March 2025; 100% TRUSTED Complete, trusted
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Question 1 Name the theory/principle/doctrine/concept that is
being referred to in each of the statements below: 1) One of the
most time-honoured principles of international law is that which
enjoins States to implement their international obligations in
good faith. (1) 2) This is the vehicle through which customary
rules become part of the municipal legal system. (1) 3) In many
countries, and without more, treaties enjoy equal status with
municipal law. (1) 4) This doctrine does not apply in
international law, irrespective of the similarity between the
issues and dispute. (1) 5) “A collectivity of States established by
treaty, with a constitution and common organs, having a
personality distinct from that of its member-States, and being a
subject of international law with treaty-making capacity”. (1) [5]
1) Pacta Sunt Servanda
Pacta sunt servanda is a Latin term which translates to
"agreements must be kept." This principle is one of the
cornerstones of international law and has been historically
significant in fostering trust and cooperation between states. It
dictates that once states have entered into a treaty or agreement,
they are legally and morally bound to comply with the terms of
that treaty.
This principle enshrines the idea that treaties are not merely
voluntary agreements but legally binding commitments. For
instance, if a state enters into an agreement with another state
regarding trade, environmental protection, or human rights, it is
, obligated under international law to follow through with the
obligations specified in the treaty. Pacta sunt servanda ensures
the reliability and predictability of international relationships
by holding states accountable for their commitments.
This principle is especially important because it creates a sense
of order in international relations, which could otherwise be
chaotic if states were allowed to selectively adhere to or ignore
their international obligations. The good faith aspect of this
principle requires that states perform their treaty obligations
honestly and transparently, rather than attempting to circumvent
or exploit gaps in the language of the agreement.
Example: If country A and country B enter into a bilateral trade
treaty, pacta sunt servanda would mean that both countries are
required to adhere to the terms agreed upon in the treaty,
including provisions related to tariffs, quotas, or any other
negotiated aspects.
2) Incorporation Doctrine
The Incorporation Doctrine refers to the process by which
customary international law and international treaties become
part of a country's domestic (municipal) legal system. This
theory asserts that once customary international law or a treaty is
adopted at the international level, it automatically integrates into
national law without the need for separate domestic legislation.
Under this doctrine, international law doesn't need to be
incorporated through specific national legislation or acts of
parliament; instead, it automatically forms part of the domestic
2025 - DUE March 2025; 100% TRUSTED Complete, trusted
solutions and explanations… Ensure your success with us..
Question 1 Name the theory/principle/doctrine/concept that is
being referred to in each of the statements below: 1) One of the
most time-honoured principles of international law is that which
enjoins States to implement their international obligations in
good faith. (1) 2) This is the vehicle through which customary
rules become part of the municipal legal system. (1) 3) In many
countries, and without more, treaties enjoy equal status with
municipal law. (1) 4) This doctrine does not apply in
international law, irrespective of the similarity between the
issues and dispute. (1) 5) “A collectivity of States established by
treaty, with a constitution and common organs, having a
personality distinct from that of its member-States, and being a
subject of international law with treaty-making capacity”. (1) [5]
1) Pacta Sunt Servanda
Pacta sunt servanda is a Latin term which translates to
"agreements must be kept." This principle is one of the
cornerstones of international law and has been historically
significant in fostering trust and cooperation between states. It
dictates that once states have entered into a treaty or agreement,
they are legally and morally bound to comply with the terms of
that treaty.
This principle enshrines the idea that treaties are not merely
voluntary agreements but legally binding commitments. For
instance, if a state enters into an agreement with another state
regarding trade, environmental protection, or human rights, it is
, obligated under international law to follow through with the
obligations specified in the treaty. Pacta sunt servanda ensures
the reliability and predictability of international relationships
by holding states accountable for their commitments.
This principle is especially important because it creates a sense
of order in international relations, which could otherwise be
chaotic if states were allowed to selectively adhere to or ignore
their international obligations. The good faith aspect of this
principle requires that states perform their treaty obligations
honestly and transparently, rather than attempting to circumvent
or exploit gaps in the language of the agreement.
Example: If country A and country B enter into a bilateral trade
treaty, pacta sunt servanda would mean that both countries are
required to adhere to the terms agreed upon in the treaty,
including provisions related to tariffs, quotas, or any other
negotiated aspects.
2) Incorporation Doctrine
The Incorporation Doctrine refers to the process by which
customary international law and international treaties become
part of a country's domestic (municipal) legal system. This
theory asserts that once customary international law or a treaty is
adopted at the international level, it automatically integrates into
national law without the need for separate domestic legislation.
Under this doctrine, international law doesn't need to be
incorporated through specific national legislation or acts of
parliament; instead, it automatically forms part of the domestic
