أثر النظام السياسي في صياغة النص العقابي

Abstract EN

There is no doubt that international relations are based on the principle of consensual.

satisfaction is expressed in these relations through treaties, which have become the first source of international law.

on the basis of the principle of the relative effects of treaties, the state is committed only to the limits of its expressed satisfaction to accept certain obligations, like the situation in domestic law, complacency is fraught with some disadvantages that may be disrupted.

among these defects is the defect of duress.

in expressing satisfaction in international treaties, the state may be subject to duress, which obliges it to sign and comply with what is contrary to interests.

the first type of duress, whether material or moral, is difficult to exist except in treaties in their simplified form, its mean those that do not need ratification until they become valid.

the second type of duress, which may be the responsibility of the state itself, has been codified in the Vienna convention on the law of treaties of 1969, but the vienna convention only recognizes the duress of the use or threat of use of military force, and it considers such agreements invalid and ignores the kind of duress represented by political and economic pressures which may force, a state to sign treaties that go against its interests.

the importance of this study is to shed light on this type of duress because of its importance in international relations, and to examine the legal effect of such treaties because of their multiplicity in international reality, whose victim in unequal international relations is often the developing countries.