Hi please can a treaty still be binding even when it hasn't been enforced yet if so it is because of the good faith principle or something else ? Thank You
It depends but generally the answer is no as without ratification the treaty is not considered part of the local law of the country who signed it , very similar to a contract
Good faith is a general principle for any agreement including contracts between individuals, it means that when you enter into a contract or agreement you are supposed to enforce it's terms in good faith " in fair n honest way" , it's one of the general principles and can include things like disclosure of information like if two countries in war and they agreed a post war peace agreement they have to exchange prisoners of war in good faith which means be transparent about the number of prisoners and not lie about their numbers etc
Just to understand clearly, when establishing a new organization that could serve as a branch of the United Nations, it has to be called a “constitutive treaty”?
Yes any treatment to establish an organization as the treaty in that case is like the constitution of that new entity explaining the goals, membership, budget, votes etc
thanks for your comment, in practice Treaty is the first source of modern international law as most customary rules are now codified into treaties , in other words the first place to look into sources of IL is treaty
