With a view to ensure that mitigation ambition under the DP is closely linked to work of parties under the two other groups - namely LCA and KP, we would like to propose the inclusion of the following footnote in the agenda: The implementation of Decision 1 / CP.17 should be examined on the basis of its compliance with International Law, in accordance with the principle
of pacta sunt servanda and, in particular, with the exception on non-performance related to the full respect and compliance with the UNFCCC and its Kyoto Protocol, for the Parties that are Parties of those instruments.
In the spirit of the fundamental legal precept
of pacta sunt servanda, the principles of the Law of Armed Conflict (LOAC) are binding upon parties to it and must be performed in good faith.
Not exact matches
In Front Polisario, the distinct status
of Western Sahara by virtue
of the principle
of self - determination was one
of the main reasons (in addition to the rule on the relative effect
of treaties, or
pacta tertiis, Article 34 VCLT) the Court declared that the AA between the EU and Morocco should be interpreted as not applicable to Western Sahara.
In addition, the Court's interpretation and application
of the principle
of the relative effect
of treaties proved interesting in and
of itself, seeing that it designated the «people
of Western Sahara» as a «third party», thereby extending the application
of the customary
pacta tertiis principle to non-State parties, as it had done before in the case C - 386 / 08 Brita (Brita para 52).
The Court therefore chose an interpretation
of the customary
pacta tertiis principle that extends beyond the scope
of the principle codified in Article 34 VCLT, which explicitly refers to third States.
The Court identified three relevant rules
of applicable international law that the GC should have taken into consideration: the principle
of self - determination, the territorial scope - rule codified in Article 29 VCLT, and the principle
of the relative effect
of treaties (also known as the
pacta tertiis principle).