Treaties and Third States

Treaties and Third States:

• VCLT , Sec 2h “Third State” means a State not a party to the treaty

• General Rule : Art 34 – Treaty does not create either obligation or right for third state without its consent

– ex hypothesi a non party, is not bound by treaty

Pacta tertiis nec nocent nec prosunt

• treaty applies only between the parties to it.

• Exception – Art 35 : treaties providing obligation for 3rd state

• Valid if third state expressly accepts that obligation in writing

– Art. 36 : Treaties providing rights for 3rd states

• Parties to treaty should provide such right and that third state assents thereto – UN Charter, art 2(6)

• The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security