Part IV Treaty Application, 13 The Relationship(s) between Treaties and Territory

Subject(s):

Immunity from jurisdiction, ratione personae — Vienna Convention on the Law of Treaties — Extraterritorial application of treaties — Jurisdiction of states, territoriality principle — Territory

This chapter examines the relationship between treaties and territory. Article 29 of the 1969 Vienna Convention on the Law of Treaties provides that ‘unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory’. However, the provision quickly begs a question: Are States bound to apply all of their treaties’ provisions only on their national territory (or selected parts of it)? This chapter begins by examining the ambit of Article 29. It then contrasts the traditional territorial application of treaties with treaties that may be labelled as ‘non-territorial’ whether because of the treaty’s objects or parties. It closes with the more controversial topic of extraterritorial applications of treaties, examining whether and how States might be held to their treaty obligations in activities that they control outside their territory.