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Beberapa Aspek Kenisbian dan Kesamaran Perjanjian Internasional
Sik, Ko Swan
Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Jurnal Hukum Internasional vol. 3 no. 4 (Jul. 2006)
Perpustakaan Pusat (Semanggi)
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Lihat Detail Induk
The article does not purport to analyse an international law problem relating to a specific international agreement, nor does it pretend to develop any theoretical paradigm. It merely puts on stage the apparently clear and simple notion of international agreement while at the same time confronting the reader with its essentially relative nature by signalling the many ambiguities and ambivalences hidden behind the term. The author's sole intention is to invite the reader's attentin to this feature of relativity so as to prevent him from taking the concept of internatinoal agreement too easily for granted. The following aspects relating to the concept of itnernational agreement, which could easily be augmented, are successively briefly reviewed: the meaning assigned to the adjective "international"; the legally binding or non-binding character of an itnernational agreement; the agreement's characterization as a source of rights and duties and its denial, the normative relativity of the rights and duties emanating from the international agreement, the case of "administrative agreements" and the obscurity as to the identity of its parties under international law, the variability with regard to the applicability of the treaty or its material contents in the municipal legal order, the scope of the principle pacta tertiis nec nocent nec prosunt, the scope of the principle pacta sunt servanda, the impact of force on the validity of international agreements.
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