International Public Order as a Constraint in The Conclusion of International Agreements | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 6, Issue 4, December 2014, Pages 71-119 | ||
| Author | ||
| Ali Hadi Humaidi alshokrawy andAsaad kadhim Wohaish alssahihi | ||
| Abstract | ||
| If the state has the right to conclude as many international conventions to holdings of sovereign and with its legal personality, and this is what was expressed by the Vienna Convention on the Law of Treaties in article VI, but that is not absolute, but that say otherwise, is not unacceptable and inconsistent in practice, there are restrictions respond to the Sultan will of the state to conclude international agreements, and those restrictions not violate international public order which requires say that should come the rules that emerge from consistent with the rules of international public as a restriction imposed by international law on the freedom of nations at the conclusion of international agreements in order to take into account the interest of the international community, or the second party of good faith, otherwise they will bear the international responsibility when you violate these restrictions. Usually, the system of international public on a number of parameters, are restrictions on the freedom of contract, even gaining dispose of legitimacy from the standpoint of international law, and then the State in whatever form and units of the Interior observed, because the units are part of the legal construction of the state and the effects of their actions legal GOES them, because they are addressees to the provisions of international law without units. | ||
| Keywords | ||
| The International Convention on the main means of legislation in international law that establish legal binding rules; States must abide by certain principles in held international conventions; especially since satisfaction component of the international law; does not mean that in practice the lack of restrictions and limitations requires observed by contractors | ||
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