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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