Part III Observance and Application of Treaties, 15 The Law of Treaties and the UN Security Council: Some Reflections

Subject(s):

Terrorism — Vienna Convention on the Law of Treaties — Treaties, entry into force

The UN Security Council impacts on the law of treaties in many different ways — ways that are both foreseen and unforeseen in the Vienna Convention on the Law of Treaties. This has led to harsh criticism by writers, less so by states. There is an important distinction to be made between obligations that are binding on the parties to a treaty by virtue of their participation therein, and obligations that are binding on states for some reason outside the treaty, for example because they are made so by mandatory Council action. Article 103 of the UN Charter has assumed increasing importance and should not be interpreted narrowly. The Council has shown self-restraint in its approach to treaties, interfering only to the extent necessary for the maintenance of international peace and security.