The main objective of this research is to examine the defects in consent within international treaties and how they can impact the validity requirements for treaty formation. Treaties are widely recognized as the primary foundation of public international law, as they rely on the genuine intention of the contracting parties to establish a legally binding agreement. It is crucial that the parties involved enter into the treaty with a clear and voluntary intent, unaffected by any deficiencies in consent that could jeopardize the validity of the treaty. These deficiencies may include misrepresentation, mistake, manipulation of the state representative's will, or any form of coercion exerted on the state or its representative.

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The Ramification of Consent Defect in International Treaties

  • Omar Almakhzoumi,
  • Mahmoud Aleshoush

摘要

The main objective of this research is to examine the defects in consent within international treaties and how they can impact the validity requirements for treaty formation. Treaties are widely recognized as the primary foundation of public international law, as they rely on the genuine intention of the contracting parties to establish a legally binding agreement. It is crucial that the parties involved enter into the treaty with a clear and voluntary intent, unaffected by any deficiencies in consent that could jeopardize the validity of the treaty. These deficiencies may include misrepresentation, mistake, manipulation of the state representative's will, or any form of coercion exerted on the state or its representative.