ABSTRACT
The central thesis of Chapter 1 is the recognition that, while theories of sources and norms and the theory of responsibility are the subject of analysis in international law, there is also a place and rationale for a theory of international obligations. Its development is supported by the principle of fulfilling obligations in good faith/pacta sunt servanda, the changing articulation of legal principles in recent times (moving from more political to more legal language) and their judicial and doctrinal examination (analysis of rights and obligations), and historical and utilitarian arguments (ensure adequate knowledge of the parties to the obligations and of the bodies monitoring or adjudicating breaches of the obligations). The chapter also considers the methods and means of constructing such a theory (drawing on existing developments in international law, analogy from domestic private law, qualification). The materials used to formulate the theory of obligations (sources of law, soft law, ILC documents, international jurisprudence, doctrinal views) are also discussed. The specificity of the international community and international law for obligation theory is highlighted. Finally, the scope of obligation theory is defined.
