Practice question
A treaty is validly in force between A and B, and the VCLT governs their relations. A later enacts an ordinary domestic statute incompatible with its promised performance. No treaty termination, modification or Article 46 issue exists. A invokes that statute alone as a complete international justification for nonperformance. What is the proper assessment?
- Every domestic statute automatically cancels the international obligation
- The domestic legislature may unilaterally bind B to a treaty amendment
- Good faith applies only if A's policy remains unchanged
- Article 27 prevents reliance on internal law alone as justification for the stated failure to perform
- B's agreement to the treaty makes A's later statutes international treaties
Legal references
- Vienna Convention on the Law of Treaties (1969), Articles 2, 11–14, 24, 26, 27, 34 and 38: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
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