论文题目 Ultra Vires State Contracts under International Law

作者         Hop Xuan Dang

作者单位 Allens Arthur Robinsons (Law Firm)

刊物名称 Hong Kong Law Journal

刊物期别 Vol. 42, Part 1 of 2012

所属领域 国经基础理论

内容简介 This article examines how ultra vires state contracts should be treated under international law.It examines the potentially relevant rules of international law to clarify the correct rules to be applied and how they should be applied to decide whether an ultra vires state contract binds the host state under international law. It will conclude that rules of customary international law on state responsibility SHOULD NOT be applied to this question because those rules were designed to address entirely different issues and the outcomes of their application could be inappropriate in cases of ultra vires state contracts. This article will conclude that the treaty rules contained in the Vienna Convention on the Law of Treaties 1969 are more appropriate and should be applied by analogy to determine the effect of ultra vires state contracts.