International law lawyer Porosnicu Gianina Vera Iasi
Discussions on fraudulent misrepresentations in the field of public international law
This article underlines the comparative analysis of fraudulent misrepresentations and
examines the regulating pattern used against it in the public international law and
national law.
According to “Vienna Convention of treaties between states” (1969), the fraudulent
misrepresentations are:
- violations of the provisions from the national law regarding the competence to
conclude treaties;
- error;
- criminal intent;
- corruption of a state representative;
- coercion exercised on a state representative;
- coercion exercised on a state.
Fraudulent misrepresentations are sanctioned within the public international law and
national law by nullity in law, either absolute (for coercion exercised on a state
representative and on a state), or relative (for violations of national law regarding
the competence to conclude treaties, error, criminal intent, corruption of a state
representative). In certain cases, the national law provisions are almost identical with
Vienna convention provision, for example (criminal intent), but sometimes – violation of
national law regarding the competence to conclude treaties – Vienna convention
provisions are in obvious contradiction with the specific civil theory, as the state can
invoke the inobservance. Concurrently, national law establishes the rule according to
which nobody can invoke its own turpitude (guilt).
As a conclusion we can state that the regulation pattern of nullity, taken from the
national civil law and transposed in the Vienna Convention does not satisfy the demands
and rigors of defining the nullity.
Roxana Lupu- Nicolăiţă
Maria Paula Pantilimon- Tataru
BIBLIOGRAPHY
• Raluca Miga Beşteliu- “Public International Law. Introduction in the Public
International Law”- All Printing House, Bucharest, 1998
• Valentin Constantin- “Public International Law”- Universităţii de Vest Publishing
House, Timişoara, , 2004
• Ion Diaconu- “Treaty of Public International Law”- Lumina Lex Publishing House,
Bucharest, 2002
• Gheorghe Beleiu- “Romanian Civil Law. Subjects of Civil Law”, Şansa Printing Press,
Bucureşti, 1995, p. 178
