EL ACUERDO INTERINSTITUCIONAL EN LA PRÁCTICA PERUANA DE DERECHO INTERNACIONAL: REEXAMEN DE “THE CONCEPT OF TREATY IN INTERNATIONAL LAW” DE KLABBERS

THE INTERINSTITUTIONAL AGREEMENT IN THE PERUVIAN PRACTICE OF INTERNATIONAL LAW: REEXAMINATION OF “THE CONCEPT OF TREATY IN INTERNATIONAL LAW” OF KLABBERS

Abstract

Abstract: International law offers the international community several types of international instruments, and not all of them have been fully explored by doctrine. In this context, the present article aims to reexamine the analysis proposed by
Jan Klabbers in his book “The Concept of Treaty in International Law” (1996) on administrative agreements, which in our legislation are called “interinstitutional agreements” (IA). In this sense, four criticisms that Klabbers raises about such
types of agreements will be reviewed: i) the open texture of the definition of the State in the Vienna Convention on the Law of Treaties (VCLT); ii) the hypothesis about the international subjectivity of public entities and the existence of a third
legal order different from domestic law and international law;; iii) the difficulties of reconciling IAs with the theory of international responsibility and; iv) the ease of repudiation of administrative agreements. Following this purpose, the article
explores solutions to the main problems identified by the Dutch jurist, reviewing these dilemmas through the case of the Peruvian AI, using an analytical methodology.

Keywords: interinstitutional agreement, subject of international law, public entity, international law, international responsibility.