Philippine Bar review · Question

Practice question: General Principles of Treaty Law

Multiple Choice Medium

Practice question

A State accepts that a treaty is valid and in force for it, but invokes an ordinary internal statute as the sole justification for nonperformance. No consent-validity issue under Article 46 is raised. Under Article 27, what is the result?
  1. Internal law always excuses nonperformance.
  2. A later domestic statute automatically terminates the treaty internationally.
  3. Only municipal courts can decide whether international performance is required.
  4. The State may not invoke its internal law as justification for failing to perform the treaty.
  5. The treaty binds only private citizens.

Legal references

  • Vienna Convention on the Law of Treaties (1969), Articles 2, 18, 26–27, 31–32, 34: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf

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