The binding force of the preamble to international treaties

Abstract

Abstract :The preamble is the introductory section of any international treaty, and it serves as an introduction that explains the basic goals and principles that led the parties to conclude the agreement. Although it is not part of the legally binding texts, it is considered an important part of the structure of the treaty. The preamble does not create direct legal obligations on the parties, but it indirectly affects the interpretation of the executive texts. It is an essential tool for achieving harmony between the parties and enhancing cooperation to achieve the common goals of the treaty. The strength of the preamble varies from one treaty to another according to the purpose of the treaty and the context for which it was concluded. Some treaties whose preambles include binding and clear provisions, including the Preamble to the Charter of the United Nations of 1945, which refers to the determination to save future generations from the scourge of war and affirms human rights and respect for the rules of international law. The Paris Climate Agreement of 2015, for example, included in its preamble the commitment of states to address climate change and promote sustainable development. The preamble plays a crucial interpretive role in interpreting the executive texts of the treaty in the event of ambiguity or dispute. When the preamble comes in a complex and incomprehensible style, the parties are forced to interpret its content. Moreover, the preamble enhances commitment to universal principles and contributes to supporting the international legitimacy of the treaty. Thanks to these functions, the preamble is considered an essential part that contributes to enhancing the effectiveness of treaties and their flexibility in application. As for the mechanism of its formulation, it must be characterized by clarity in its language, as lawyers advise that it be written in a language that is understood and agreed upon by all concerned parties to avoid future disputes. It must be characterized by comprehensiveness of all the main objectives of the treaty and the context .