States should never be bound by multi-lateral treaties to which they are not parties as this would impose an unfair

burden on an unsuspecting state.

y The basic principle underlying the law of treaties is pacta sunt servanda which means every treaty in force is binding upon the parties to it and must be performed by them in good faith. The other important principle is that treaties are binding only on States parties. Article 26 of Vienna Convention on the Law of Treaties. (Pacta sunt servanta , article 26 Treaties are binding on state parties only) The basic main fundemantal principle of international law is pacta sunt servanda. Pacta sunt servanda is followed in international law when it comes to treaties between different countries. Legal provision is Article 26 of Vienna Convention which is binding on state parties. Article 26 is the main constitution in international law which interprets treaties. y Article 53 of Vienna Convention on the Law of Treaties. Peremptory norms of International Law. Jus Cogens (Prohibition of Torture, Slavery, Genocide). Art 40 of ILC Draft on State Responsibility. Art 26 of ILC Draft on SR. (para. 5 of the Commentary). There is only one exception to the above. If it s a peremptory norm of international law even if it s not a party to the treaty it will be binding. That is under Article 53 of Vienna Convention. In law every rule has its own exceptions and even in Jus Cogens. It has prohibition of Torture, Slavery, Genocide. Genocide convention Article 1, Slavery, Convention on the elimination of all types of Torture. Article 40 of ILC Draft of State Responsibility On state responsibility International Law Commission (ILC) has done a draft, it will be a convention but UN has not passed it but the General Assembly has passed it.

Article 26 of ILC Draft on State Responsibility UN has not passed it such that the countries have to follow it. General Assembly has passed this resolution. UN General Assembly any resolution is not binding on any country. What is only binding to countries from UN is what has been passed by Security Council resolution. This Security Council resolution has to be passed also under UN Charter Chapter 7. Only then it will be legally binding on the states. General consensus of the states will be sought from this but not binding.

y Customary International Law: Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention, Preamble of Vienna Convention on the Law of Treaties. Second exception is Customary International Law State practice and opinio juris Opinio Juris Books written by experts of International law, or books written by academics on the subject. Their thoughts and words. State Practice is how states behave and perform (amalukuramun anna goiy ) how the diplomatic relations are. It should be something international community accepts and it shoud be consistent. Custom - It should be Customary International Law has tow things, Opinio Juris and State Practice. If it is customary international law it is binding on all states even it its not a party to the treaty. Eg: Aggression - UN has not passed anything that prohibits war but aggression is now Customary International Law, prohibition of aggression is something the World believes should be prohibited. So it is binding on every state.

Next mention Third Parties How to bring the argument ??? Third party if having an obligation or if something is being imposed to them, their consent is necessary. So this advocates to the statement of the question, unless consent is not there the third party do not become party and if not a party to the treaty they are not bound by the treaty. ( Third party gennanvee consent ge therey ) State Sovereignty is the next point UN was established under the principle of equality among the states to uphold the human rights and peace. UN s main purpose is to establish equality among states for the purpose and upholding and protecting human rights and peace. Look Un Charter preamble State Sovereignty is International Relations ge emme muhimmu asaas. Every state has the minivankan for its domestic affairs. They can do what ever they want in their country. Eg: They weill pass the bill from the parliament as they want how their penal court should be. Eg: hahdhu jahaigen tho etc . For instance what is feasible for one country economically may not be feasible for another. So it is impossible. If a country is bound by a treaty if they are not party to it, international law will become a suiside fact for them having look at this point of view. In Bold Politics might is right. But it is not the case in international law. State sovereignty nigulhigendhaaney if they are imposed things to which they are not parties to it. State sovereignty is lost if they are imposed things like this. State Sovereignty is the main fundamental purpose of UN and international Law.

y Article 38 of Vienna Convention. Rules in a treaty becoming binding on third States through international custom. (Customary law balaane mingandu) Sources of international law

Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming binding upon a third State as a customary rule of international law, recognized as such. y Sources of International Law Article 38 of ICJ (International Court of Justice) Statute a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b) international custom, as evidence of a general practice accepted as law; c) the general principles of law recognized by civilized nations; d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. y They are not binding on third States without their consent. However, it may be possible for some or even most of the provisions of a multilateral, regional or global treaty to become binding on all States as rules of customary international law. y The preparatory work of the treaty and the circumstances of its conclusion, often called the travaux preparatoires, are a supplementary means of interpretation in the event of ambiguity. y State Sovereignty y Consent: Art 34, 36 and 37 of Vienna convention. Article 7-8; Consent consent ge baiga article thah The Court began its analysis by acknowledging the importance of state consent under the unanimity rule: It is well established that in its treaty relations a tate cannot be bound without its consent . . . . [N]one of the contracting parties is entitled to frustrate or impair, by means of unilateral decisions or particular agreements, the purpose and raison d tre of the convention. Reservations, 1951 ICJ REP. at 21. (Consent ge muhimmu kan Consent ga baiga gennanvee case ) Consent ge baiga gennanvee state sovereignty

Under State Sovereignty bring UN General Assembly Resolution 2625, principles governing relations between states. Dhey dhey gaumuga ge dhemedhuga onna gulhunthah mi onnanee. General Assembly ga nimmaa eves ehchhakee legally binding ehcheh nooney eves dhaulathakah. Hama ekani security Council ge Chapter 7 in nney. Ehen namaves General Assembly eves resolution eh consensus eygen dheyhavaaney international community ge. Misaalakah unanimous koh kameh nimmaifiyya. Evves massalaeh ihthifaagun nimmaifiyya, eyge maanayakee dhuniyeyge hurihaa member states eh ves gabooley ekan kuran. Efadha haalaiy thakuga balaaney e ee abadhuves international customary law ge gothuga. This resolution is governing relations between states, states relations are always governed by multi lateral treaties. So it says that sovereign equality of states is there. So every state has the right to enter into a treaty they want to and not enter treaties they do not want to.

Also lets look at How a treaty is formed? For eg, India and Maldives want to come to terms on the issue of Visa (Visa ge massalige hallakah annan beynunvee). Foreign ministers of two countries will negotiate, held meetings and then they will formulate the treaty. And they will sign the treaty, then register the treaty in UN Secretary General Office secretariat. Then finally it becomes a legally binding treaty considered in International Law. If there is a dispute or a breach of state responsibility you can only go to International Court of Justice if this is registered. Human Rights treaties for example Covenant on Civil and Political Rights, Torture, vaki adhadhalah gaumu thankun soi kuree ma treaty akah vaanee vaki adhadhakah gaumu thakun treaty ga soi nukuranyaa treaty void ve abolish vegen dhaanee. Gaumu thakun treaty egga soi kureema eyge maanayakee state party akah vee ey ekamu soi kuraa hisaabakun eves gaumakah laazimeh nuvaane treaty ah fully amalu kuraakah. E ee law of treaties bunaa gothun ratification process eh annaaane. E ratification process gamuthakun hadhaane misaalakahdheenee minivan kan inna point ah raajje in reservation hedhee ICCPR ga.Civil and political rights e convention ga. For example article kommes ehcheh e ee freedom of religion ey, aharumenge sagaafathaa dheenaa ehgothah balanyaa faith huri gothun aharun eyah amaleh nukuraanamey. Dhen e reseravation aa ehkoh aharumen ratify

kuraanee . Ratify kuraa hisaabun komme gaumakah ves laazim vaanee e gaumeh legally binding vaanee. If the state signs a treaty it means they will respect the spirit of treaty but they do not have comply unless they ratify it. From what we get from this point is also that there is a long process that a treaty to come to force, giving time for the states to prepare themselves to comply with it and ratify it. Every state enters into a treaty knowingly and themselves prepared to comply with it so this tell us that states unless they have a consent to be bound by it and unless they ratify a treaty, international community if impose them a state responsibility that it will be unfair. UN General Assembly Resolution 2625 - PRINCIPLES GOVERNING RELATIONS BETWEEN STATES, y Therefore, the resolution sets out the consensus in the international community on the content of the following seven principles: y 1) States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purpose of the United Nations y 2) Pacific settlement of disputes y 3) Non-intervention in matters within the domestic jurisdiction of any State, in accordance with the Charter y 4) Co-operation with one another in accordance with the Charter y 5) Equal rights and self-determination of peoples y 6) Sovereign equality of States y 7) States shall fulfil in good faith the obligations assumed by them in accordance with the Charter.

Conclusion: Based on the above mentioned provisions it clearly emphasises that international law is not Agree with the statement of the question Because international law ge enforcement ehaa efficient eh nooney. Misaalakah International Court of Justice in hokum eh kuriyas ves bodethi gaumuthakun eyah thabaa nuvey. Adhi

ehenveema mikahala furusatheh dheefiyyaa emeehun beynun haa gothakah resolution thakaa ehchihi faas koffa gaumu thakah heyaruvaalaanee. Bodethi gaumu thakuge international politics huri gothun ehaa safe kameh nooney kudhi gaumu thakah. UN security council ge composition in gothunnaa VETO power oi gothun ehaa rangalheh nuvaane . Ehen vejiyya colonialism aneh faharu athuvedhaane aharumen ge thereyah. Europe ge bodethi baaru thakun kudhi gaumuthah alhuvethi kohfaane eyrun. Dhen aneh sababakee cultural difference aa economically ves varah thafaathe gaumuthakuge medhuga. Ehenveema Universally eves faaheh nukureveyney komme gamumakun miyah amalu kuran jeheyney kiyaafa. Because varah bodu gap thakeh eba huttey varah bodu thafaathu thakeh eba huttey culture ga yaa ehen kahala hurihaa kamehgga. So it is impossible and it will be unfair.

Note: ILC Draft on state responsibility Even if it s a draft International Court of Justice in balaiganefaey othee most of the provisions are International Customary Law. Military and paramilitary activity in and against Nikravoa Nikravoa Vs United States States that ILC state is customary international law