Arria-formula Meeting on “Upholding the Sanctity of Treaties”
Tomorrow morning (30 January), Pakistan will convene an Arria-formula meeting titled “Upholding the Sanctity of Treaties for the Maintenance of International Peace and Security”. Briefers will include: David Nanopoulos, the Chief of the Treaty Section at the UN Office of Legal Affairs (OLA); Ahmer Bilal Soofi, the President of the Pakistani-based Research Society of International Law and former Federal Law Minister of Pakistan; Zeid Ra’ad Al Hussein, the President of the International Peace Institute (IPI) and former UN High Commissioner for Human Rights; and Adil Najam, the Dean Emeritus and Professor of International Relations and of Earth and Environment at the Pardee School of Global Studies at Boston University.
Approximately 50 member states, including all Security Council members, are expected to participate in the meeting, which will be held from 10:00 am to 1:00 pm EST in Conference Room 11 and will be webcast on UNTV.
Treaties are one of the fundamental sources of international law identified in Article 38(1) of the statute of the International Court of Justice (ICJ). Article 26 of the 1969 Vienna Convention on the Law of Treaties, which codifies the principle of pacta sunt servanda (agreements must be kept), provides that “[e]very treaty in force is binding upon the parties to it and must be performed by them in good faith”. The obligation to act in good faith is referred to in article 2(2) of the UN Charter, one of the cornerstone treaties of international law, which provides: “[a]ll Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter”. It has also been expounded on by the ICJ, which has held that it obliges parties to a treaty to “apply it in a reasonable way and in such a manner that its purpose can be realised”.
On 24 October 2025, the Security Council adopted a presidential statement marking the 80th anniversary of the UN, in which it underscored “the need for all States, international and regional organizations and relevant partners to respect international law, including the Charter”. Council members frequently refer in open meetings to the importance of adhering to international law, including the UN Charter and obligations imposed by other treaties. And yet, violations of international law, including bilateral and multilateral treaties, remain an ongoing challenge to efforts to maintain international peace and security.
Pakistan has circulated a concept note ahead of the meeting, which argues that failing to observe treaty obligations undermines preventive diplomacy and weakens the credibility of international institutions. The concept note outlines a series of objectives for the meeting. These include reaffirming the binding nature of treaties under international law, highlighting the implications of non-compliance for international peace and security, and discussing the role of dispute settlement mechanisms established in treaties.
The concept note poses several questions to help guide the discussion, including:
- What are the implications for international peace and security when treaties are not respected or are unilaterally reinterpreted?
- What role can UN bodies (such as the Security Council), the UN Secretary-General, and international courts play in ensuring respect for legally binding agreements?
- What lessons emerge from ICJ judgments regarding good faith performance, suspension of obligations, and treaty integrity?
- How can early warning, transparency, monitoring, and technical cooperation reduce threats to international peace and security arising from treaty violations?
Speakers at tomorrow’s meeting are expected to emphasise the importance of honouring treaty commitments and highlight the role this can play in maintaining international peace and security. They may describe the ways in which violating multilateral and bilateral treaties can lead to international friction and exacerbate the risk of conflict. Some may also emphasise that, in accordance with the principle of pacta sunt servanda, fulfilling a treaty obligation in good faith entails not merely literal compliance but also acting in a manner that does not contravene the object and purpose of the treaty.
Specific bilateral and multilateral treaties that are under duress or allegedly violated may be raised in the meeting. For example, there may be reference to the Indus Waters Treaty signed between India and Pakistan in 1960. India declared that it would hold the treaty in abeyance until “Pakistan credibly and irrevocably abjures its support for cross-border terrorism” after militants shot and killed 26 people (25 Indian nationals and one Nepali national) in Pahalgam, a town in Indian-administered Kashmir on 22 April 2025. India blamed Pakistan for the attack, which precipitated a brief conflict between the neighbouring countries last year; Pakistan has denied any involvement. Security Council members discussed the tensions between the two countries following the attack in closed consultations at the request of Pakistan on 5 May 2025.
Some speakers may advocate for the use of dispute resolution tools outlined in Chapter VI of the UN Charter as a means of resolving disputes regarding treaty obligations. In this context, participants might refer to Article 33 of the UN Charter, which requires parties to a dispute to seek a solution by peaceful means, such as negotiation, enquiry, mediation, conciliation, arbitration, or judicial settlement. There may be references in this regard to the need to implement resolution 2788 of 22 July 2025, which was penned by Pakistan and urged member states to effectively utilise the UN Charter’s mechanisms for the peaceful settlement of disputes. The resolution requests the Secretary-General to provide, within one year of its adoption (that is, by 22 July), recommendations for “further strengthening the mechanisms for peaceful settlement of disputes, in a briefing, and subsequently in existing reporting mechanisms where relevant”.
