條約의 無效 및 終了要困

• 영문명: A Study on Invalidity and Termination Factors of Treaties
• 발행기관: 원광대학교 법학연구소
• 저자명: 柳正福(RYU, JEONG BOG)
• 간행물 정보: 『법학연구』제10집, 103~125쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 1988.02.25

영문 초록

In this thesis, it is written about the invalidity and termination factors of treaties. In general, treaties are sure that it means mutual consent by clearly statement between the States or the countries, So, that is to say, international treaties are agreements of a contractual character, between States, or organisations of States, creading legal rights and obligations between the Parties. Even before a Law of Nations, in the modern sense of the term, was in existence, treaties used to be concluded betweens States. Although in those time treaties were neither based on, nor were themselves a cause of International Law, they were nevertheless considered sacred and binding, on account of religious and moral sentiment. A treaty, is points to not only just named “treaty in narrow, but also a wide veriety of named such as charter, agreement, act, declaration, convention, Statute, protocol, agreed minute, convenant, exchange of notes, modus vivendi, etc. Even though the Parties conclude a treaty formally by mutual consent, it is not continued forever, but is ended by the various factors some day. There are, therefore, invalidity factors and termination factors of treaties. At first, in the invalidity factors of treaty, there are included by the such cases as the followings, (1) The relatively factors: a) obvious violation about conclusion right of treaty, b) over authority of the agency, c) buying over of the agency, d) an error, and e) fraudulence, and so on. (2) The absolutely factors: a) force or duress about the agency, b) force about country or State, and c) a perpemptory norm of general International Law, etc. The next, in the termination factors of treaty, there are included by the cases like followings. (1) Termination factors by mutual consent between the Parties: a) abolition, b) expiration of validity term, or expiration through expiration of time, c) performance of stipulation, d) fulfilment of object, and e) new consent, etc. (2) Termination factors by one side view: a) denunciation by provisions of treaties, b) vital change of treaties, c) surrender of rights, and d) infringement of treaties, and others. (3) Naturally termination factors: a) disappearance of the contracting Parties, b) fulfil impossibility, and c) conflict with International Law, etc. (4) Other termination factor: destory by fire. In addition, according to The Constitution of the 6th Republic of Kroea, treaties duly concluded and promulgated in accordance with the Constitution and the generally recognized rules of Interantional Law shall have the same effect as the domestic laws of the Repbulic of Korea. Thus, it is very important that a treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of the Charter of the United Nations, after all.

목차

Ⅰ. 序言

Ⅱ. 條約의 無效要因

Ⅲ. 條約의 終了要因

Ⅳ. 結語

參考文憲

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