A Critical Analysis of The Preamble of The Viena Convention On The Law of Treaties - by Bundu Richard

MAKERERE UNIVERSITY
SCHOOL OF LAW
LLM COURSE WORK ASSIGNMRNT
LAW OF TREATIES
STUDENT: Bundu Richard
Reg. No.: 2024/HD09/21731U

MAKERERE UNIVERSITY
SCHOOL OF LAW
LLM COURSE WORK ASSIGNMRNT
LAW OF TREATIES
STUDENT: Bundu Richard
Reg. No.: 2024/HD09/21731U
COURSE WORK ASSIGNMRNT:
A critical analysis of the Preamble of the Vienna Convention on the Law of

Treaties, 1969
THE PREAMBLE OF THE TREATY
The Preamble of the Treaty states as follows:
The States Parties to the present Convention,
Considering the fundamental role of treaties in the history of international

relations,
Recognizing the ever-increasing importance of treaties as a source of

international law and as a means of developing peaceful cooperation among
nations, whatever their constitutional and social systems,
Noting that the principles of free consent and of good faith and the pacta sunt
servanda rule are universally recognized,
Affirming that disputes concerning treaties, like other international disputes,
should be settled by peaceful means and in conformity with the principles of
justice and international law,
Recalling the determination of the peoples of the United Nations to establish

conditions under which justice and respect for the obligations arising from
treaties can be maintained,
Having in mind the principles of international law embodied in the Charter of

the United Nations, such as the principles of the equal rights and self-
determination of peoples, of the sovereign equality and independence of all
States, of non-interference in the domestic affairs of States, of the prohibition
of the threat or use of force and of universal respect for, and observance of,
human rights and fundamental freedoms for all,
Believing that the codification and progressive development of the law of

treaties achieved in the present Convention will promote the purposes of the
United Nations set forth in the Charter, namely, the maintenance of
international peace and security, the development of friendly relations and the
achievement of cooperation among nations,
Affirming that the rules of customary international law will continue to govern
questions not regulated by the provisions of the present Convention,
Have agreed as follows:
CRTITICAL ANALYSIS
By recognizing the importance of treaties in the history of international relations, the

preamble acknowledges the significance of treaties in international relations, setting
the tone for the Convention.
The State centered approach: The preamble prioritizes states sovereignty as the
primary actors in international relations, neglecting or undermining the role of non-
state actors like Marginalized groups, United National, African Union, and
European Union among others. International organizations and refugees and the
roles they play are an important subject of the international law. It wasn’t good for
the preamble to focus on states as if they are the only subjects or actors in
international law.
The preamble to the Treaty has a very limited Scope: The preamble’s focus on
peaceful relations among states over looks other essential aspects, such as human
rights, environmental protection and economic cooperation. In my view, human
rights, environmental protection and economic cooperation are very significant
subject in international law and the preamble’s failure to mention them is a big gap.
Eurocentric perspectives: The emphasis on the history of international relations may

reflect a western- dominated view, potentially marginalizing non-western experiences
and perspectives especially Africa. The African practices and customs have always
been neglected in the historical perspectives.
The principles of Good faith and cooperation: By the inclusion of good faith and
cooperation, the preamble promotes good faith and cooperation as essential
principles promotes a positive and collaborative approach to treaty making, but
doesn’t address power imbalances and unequal treaty negotiations. The treaty
negotiations normally favor the world’ big and influential economies like US and
European countries.
Relationship with customary international law: The preamble acknowledges

customary international law, but the interaction between the Convention and
Customary law is unclear.
UN Charter: The reference to the UN Charter’s purpose reinforces the Convention’s
alignment with the UN’s goals, in particular, maintaining international peace and
security, developing friendly relations and achieving cooperation, but doesn’t
explicitly address the Charter’s human rights provisions. The UN Charter has
extensive provision on human rights, but this isn’t captured in the treaty and its
preamble.
Progressive development: The preamble aims for progressive development of treaty

law, but the mechanisms for achieving this is unclear. A good example is the
enforcement mechanisms of rights under a treaty. International courts and tribunals
make decisions but most of the decisions aren’t enforced because, the treaties don’t
provide a clear mechanism of enforcement.
CONCLUSION
In conclusion, while the preamble of the Vienna Convention on the Law of Treaties
1969 establishes a foundation for treaty law, its limitations and weaknesses
necessitate refinement or reforms. By addressing these concerns, and embracing a
more inclusive and adaptive approach, the convention can better serve the evolving
needs of the international community. As the world continues to grapple with
complex global challenges, the significance of a robust and responsive treaty law
frame work cannot be overstated.
RECOMMENDATIONS
In light of the foregoing discussion and conclusion, I recommend the following:

There is need to incorporate non- state actors and marginalized groups in the
preamble of the Convention.
There is also need to expand the scope of the preamble and the Convention to
include human rights, environmental protection, and economic cooperation.
Further that, there is need for the preamble to clarify the relationship between the
Convention and customary international law.
Address power dynamics and promote equitable treaty negotiations.
BUNDU RICHARD- Reg. No. 2024/HD09/201731U

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MAKERERE UNIVERSITY

LLM COURSE WORK ASSIGNMRNT

STUDENT: Bundu Richard

Reg. No.: 2024/HD09/21731U

LLM COURSE WORK ASSIGNMRNT

STUDENT: Bundu Richard

Reg. No.: 2024/HD09/21731U

COURSE WORK ASSIGNMRNT:

A critical analysis of the Preamble of the Vienna Convention on the Law of

THE PREAMBLE OF THE TREATY

The Preamble of the Treaty states as follows:

The States Parties to the present Convention,

Considering the fundamental role of treaties in the history of international

Recognizing the ever-increasing importance of treaties as a source of

Recalling the determination of the peoples of the United Nations to establish

Having in mind the principles of international law embodied in the Charter of

Believing that the codification and progressive development of the law of

Have agreed as follows:

By recognizing the importance of treaties in the history of international relations, the

Eurocentric perspectives: The emphasis on the history of international relations may

Relationship with customary international law: The preamble acknowledges

Progressive development: The preamble aims for progressive development of treaty

In light of the foregoing discussion and conclusion, I recommend the following:

Address power dynamics and promote equitable treaty negotiations.

BUNDU RICHARD- Reg. No. 2024/HD09/201731U

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