Grounds of Invalid Treaties

What is Treaty ?

      A treaty is an express agreement under international law entered into by actors in international law namely sovereign states and International organizations.
       According to Oppenheim , " International Treaties are agreements of a contractual character, between States or Organizations of States creating legal Rights and obligations between the parties"   International treaties are Important Source of International Law.

Invalid Treaties : 

In accordance with International Law, Treaties may be deemed invalid on following grounds.

1) Illegal Object : 

              Where the object of the treaty is illegal. Treaties stipulating immoral obligation are void ab initio;


2) Fraud or Misrepresentation : 

             Where fraud or misrepresentation has been practiced on the parties to the treaty in the conclusion of the same. 

3) Intimidation or Coercion : 

             Where the treaty has been concluded by intimidation or coercion or by terrorizing the negotiator;



4) Error produced by fraud 

             Where there is an error produced by fraud in the conclusion of the treaty.

5) Impossibility : 

          Where the treaty provides for obligations the performance of which is impossible;


6) Incapacity : 

           Where there is an incapacity from status of the contracting parties to the treaty. A mandatory territory , for example, has no treaty making power.     

7) Violation of the Principles of Law or Derogation of the Principles of the Charter : 

                 Where treaties are concluded in violation of the International Law or in derogation of Principles of the Charter such treaties may be deemed invalid . 


See also 

 1) Definitions of Sources of International Law

2) Sources of International law 

3) Subjects of International Law