THE MEANING ROLE OF THE PACTA SUNT SERVANDA PRINCIPLE IN INTERNATIONAL LAW: IDENTIFYING CHALLENGES TO THE LEGITIMACY OF PEACE AND WAR

Abstract

This study examines the principle of pacta sunt servanda and its components, namely consent, continuity, and good faith. It reveals the inconsistent application and declining authority of these principles in the implementation of international obligations, particularly in the fields of human rights and humanitarian law. Despite their crucial role in promoting peace, justice, and human dignity, these principles are often disregarded, prioritizing the interests of individual state parties over their international legal obligations. This trend undermines the core purpose of the UN system and poses significant challenges in holding states accountable for breaching their commitments in the field of human rights and humanitarian law.
In the author's opinion, the interpretative function the principle of pacta sunt servanda holds particular importance and untapped potential in the context of human rights and humanitarian law. The author hypothesizes that the international community must reaffirm its principles and apply them in a strong and accountable manner. The principle of pacta sunt servanda inherited from previous legal systems, has proven its fundamental meaning and worth. Moreover, it will enhance the realization of the axiological principles of the UN Charter, which were established to ensure peace, security, human rights, and justice, and need to be restored and observed at both the international and national levels.
The research underscores the need for the international community as a whole to reaffirm its purpose by robustly and responsibly upholding and applying the generally accepted principles across all international bodies, including judicial and quasi-judicial entities.