Why do states keep agreements they were never meant to break?
In short: Most people view treaties as mere pieces of paper—agreements that nations frequently sign and then ignore. However, the enduring power of international law suggests a deeper mechanism at work. Beyond simple compliance, why do these binding contracts persist, and what happens when the secret negotiations behind them are exposed?
In his lecture at Gresham College, Professor Jack Spence explores the tension between the formal definition of a treaty—a written contract binding in international law—and the reality of their execution. While critics often highlight how states break promises, Spence focuses on why they are kept. This distinction is vital for understanding international relations: treaties serve as a primary source of international law, negotiated by plenipotentiaries and ratified through executive acts to create a framework of stability between states, governments, or international organizations.
A significant shift in treaty-making occurred as a reaction to the clandestine diplomacy of the pre-World War I era. During that period, great powers often negotiated in secret; some critics argued this lack of transparency was a primary cause of the 1914-18 conflict. The theory suggests that if European electorates had been aware of the commitments being made in their name, they might have rebelled against them. Consequently, modern mechanisms were established to promote accountability, such as requiring all treaties to be registered at the United Nations under Article 102 of the UN Charter.
Within the UK, a mandate ensures that every treaty remains available for House of Commons review over a 21-day period. Such a shift towards open documentation signifies a basic transformation regarding the global application of authority. By moving negotiations into the light, the international community attempts to balance the 'combat of the brain'—where diplomacy serves as a tool of strategic gain—with the necessity of public consent and legal permanence.
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Sources
- Summary by Intellect · source: Treaty-Making and International Relations - Professor Jack Spence OBE
- Also: Treaty-Making and International Relations
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