Suveräna staters egentliga bundenhet till traktater

Sammanfattning: The purpose of this essay is to examine to what extent a state really is bound to signed treaties and international customary law. Treaties are in their foundation a contract and it happens that contracts are broken. Questions which the essay aim to answer are which possibilities there are for a state to receive restitution for wrongful acts and what can an international court or arbitration do to enforce decisions and judgments and make sure they are in fact applied? The thesis for this undertaking is thus if all states have the same legal position in relation to international justice and do all states possess the same possibility to receive restitution from erroneous states? The research has as far as it is possible been done through primary sources such as treaty text and court cases, but also to large extent through secondary sources such as doctrine. The doctrine is mainly from various professors in international law. The essay also aims to analyze and discuss the questions through liberal legal theory and Marxism to get a more balanced and nuanced image of the results. Conclusions that are reached are that states in theory are equal, but that reality does not always reflect that, which also affects states possibilities to receive restitution or compensation when treaties are broken, or their sovereignty is violated.