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s.III Treaty Application, 13 Third Party Rights and Obligations in Treaties

David J Bederman

From: The Oxford Guide to Treaties (1st Edition)

Edited By: Duncan B. Hollis

A newer edition of The Oxford Guide to Treaties is available. Latest edition (2 ed.)
Next Edition: 2nd Edition Latest edition (2 ed.)
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
01 July 2012
ISBN:
9780199601813

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 February 2023

Subject(s):
Vienna Convention on the Law of Treaties — UN Charter — Treaties, effect for third states — Universal international organizations
The law of treaties is full of complexities and nuances. But it has always appeared axiomatic that treaties, in their application, bind only parties. The origins of that maxim are derived from the most basic of ‘general principles of law recognized by civilized nations’:1 that the rights and duties contained in contracts adhere to only those that have consented. This ‘default’ rule for treaty application—that treaty rights and obligations have no effect on third parties (in Latin: ‘pacta tertii alieni nec nocere, nec prodissi potest’ or simply ‘pacta...
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