Q. What is the principle of pacta sunt servanda?

Ans: Pacta sunt servanda is a basic principle of international law that is now codified
in Article 26 of the Vienna Convention on the Law of Treaties which states that “every
treaty in force is binding upon the parties to it and must be performed by then in good
faith.”

Fundamental principles concerning treaties

a.) Pacta sunt servanda, which requires that treaties must be observed in good faith.
If necessary, the State concerned must even modify its national legislation and
constitution to make them conform to the treaty, in order to avoid international
embarrassment. In the Philippines, however, treaties may be declared invalid if
contrary to the Constitution.

i.) In Tanada v. Angara, 272 SCRA 18, the Supreme Court ruled that treaties do
indeed limit or restrict the sovereignty of a State. By their voluntarily act,
States may surrender some aspects of their power in exchange for greater
benefits granted by or derived from a convention or pact. Under the rule of
pacta sunt servanda, a State is bound to make such modifications in its laws
as may be necessary to ensure the fulfillment of the obligations undertaken
under the treaty.