18 The term “governed by international law” is part of the definition of a treaty in Article 2, paragraph 1, point a) of the VCLT. This is to exclude from the definition of agreements which, although with the participation of a state or state, are governed by a law other than international law. 128 Many points of contract law are still clarified by international courts and arbitration tribunals, in particular the ICJ, as well as by the supervisory bodies established on the basis of multilateral agreements on human rights in areas such as treaty reservations, the interpretive rule of the treaty, the termination and nullity of contracts and the relationship between the rules of contract law and state responsibility. Some treaties are living instruments and, therefore, their application by the courts and state practices contributes to their development and a better understanding of how they work. In addition, the contribution of international organisations to treaty development and that of the European Union, in particular the unique way in which it has created a certain system of treaties (European Community, mixed agreements), should be taken into account. The EU applies treaty and VCLT law and therefore participates in their interpretation and development. 14 The general rule of contract law, whether bilateral, contractual or bilateral contracts or multilateral normative treaties, is that they are legally binding on their parties. However, they are only imposed on their parties. There are limited exceptions to this general principle (see paragraphs 97-101 below). In addition, treaties constituting an international organization can be considered a particular normative instrument vis-à-vis third countries, since the organization may have an objective international legal personality (erga omnes obligations), as indicated in 1949 by the ICJ in the repair of injectors suffered in the Service of the United Nations (Advisory Opinion) (1949) ICJ Rep 174. Does this mean that the rule of international law is just a meaningless political slogan? Or is international law perhaps far too specific and, therefore, any attempt to understand it through the prism of the rule of law will be the victim of unacceptable distortions? These questions are difficult because they address the real problem of extending the applicability of a certain normative ideal beyond its native domain. The following section addresses these issues by reconstructing the very essence of the rule of law, which is common to its national and international manifestations. 110 The VCLT examines the treaty conflict in several provisions.
The provisions of Article 30 VCLT relating to the application of successive contracts deal only with the conflict of successive contracts for the same purpose.