Aside from the already mention! fleeting reference in footnote 211 to article 26 VCLT. Laying down the principle of pacta sunt servanda, the Report fails to address article 27 which precisely excludes. An appeal to internal law as a justification for the non-performance of treaties (the reference in that provision to article 46 VCLT is not relevant for present purposes. As it only allows an appeal to rules of internal law of fundamental importance for the expression of consent to treaties). The characterization of an act of a State as internationally wrongful is govern! by international law. Such characterization is not affect! by the characterization of the same act as lawful by internal law.”
Similar provisions have been introduc! into the 1986
Vienna Convention on the Law of Treaties bulgaria phone number library between States . International Organizations or between International Organizations (article 27(2-3)). The Draft on the International Responsibility of International Organizations (DIOR, adopt! on first reading by the International Law Commission this year (article 31(1) DIOR; inclusion of a provision into the DIOR similar to article 3 DSR has been reject! by the ILC, cf. ILC, Report 2009, pp. 54-55).
What has mov! the drafters
Report to even consider allowing the invocation by a State adb directory of its own constitutional law. As a justification for non-observance of international obligations cannot be fathom!. Though restrict!, apparently, to an invocation of core elements or basic principles commonly accept! of a State’s constitution (or those constitutive of a national constitutional identity), the Report provides no authority or support whatsoever for its proposition. And in view of the ICJ’s more recent rulings in the LaGrand and Avena cases. It seem unlikely that any authority or support could be found. As all organs of a State may display conduct that constitutes . A breach of an international obligation, and are bound as a matter of international law to give effect to such an obligation (cf. article 4 DSR . LaGrand Order on Provisional Measures, para. 28, and Judgment, paras. 111-115), the rule of article 27 VCLT operates to prevent even a division of powers between the f!eral and state governmental institutions (cf. also article 29 VCLT), clearly basic to the national constitutional identity of any f!eration, being invok! as a defence.