PROBLEMATYKA NIEWAŻNOŚCI UMÓW MIĘDZYNARODOWYCH ZE WZGLĘDU NA NARUSZENIE PRAWA WEWNĘTRZNEGO

Abstract

The author undertakes a consideration: the rule stated in article 46 of the Vienna Convention on the law o f treaties. That provision permits a state to assert as a ground of invalidity of a treaty that its consent to be bound was expressed in violation o f a provision o f its internal law concerning the competence to conclude treaties. The attention is, however, primarily focused on: 1. Pre - Vienna Convention doctrine, case - law and states practice. 2. The International Law Commission on the law of treaties. 3. Post 1969 developments with special attention to Poland’s practice and jurisprudence of international court of justice.