Public International Law Academic year 2010-2011 PROBLEM QUESTION Essay

Public International Law Academic year 2010-2011 PROBLEM QUESTION - Essay Example For one thing, this treaty came into force in the year 2000, that is, after the date of enforcement of Vienna Convention on January 27, 1980. Besides, it is also a written covenant and belongs to the genre of multilateral treaty having four different countries, A, B, C and D as signatories, whose governments would have, on the date of affirmation of contractual agreement in year 2000, agreed to be bound by the provisions of this economic covenant among these four countries for furthering mutual co-operation and accord. However, one aspect of this multilateral agreement stands out like a sore thumb, which is the aspect of peremptory norm. It is seen that under the Vienna Convention on the Law of Treaties, any covenant that is in direct confrontation with a peremptory law is void ab initio. However, it does delineate that the rule of force or coercion for gaining consent for multilateral treaties is not permissible. This aspect is also in direct conflict with the spirit of United Nations Organisation UNO) which prohibits the use of force or coercion in reaching global accords and contracts. In this case, it is believed that State D has decided to terminate its participation in the treaty, claiming that its ratification of the 2000 treaty was gained through coercion by the threat of economic sanctions by states A, B, and C. In the event that this contention is true, the agreement becomes void and in direct violation of Article 52 of Vienna Convention 1968, which states that â€Å"A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.† (Vienna Convention on the Law of Treaties 18). However, it would be incumbent upon State D to prove that coercion has indeed taken place. However, the present government in State D