Chapter

Part III Observance and Application of Treaties, 13 International Organizations as Third Parties under the Law of International Treaties

Christian Tomuschat

in The Law of Treaties Beyond the Vienna Convention

Published in print February 2011 | ISBN: 9780199588916
Part III Observance and Application of Treaties, 13 International Organizations as Third Parties under the Law of International Treaties

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The rule providing that treaties do not produce rights or obligations for third states was taken from Vienna Convention on the Law of Treaties I (Article 34) and inserted into Vienna Convention on the Law of Treaties II with the appropriate modification ratione personae to international organizations. The rule was seen as a logical consequence of the fundamental principle of consent in international relations. Hence, according to the text, international organizations are protected against interference by third parties in the same way as states. However, no consideration was given to the question of whether the states members of an international organization stand in a special relationship to that organization. Practice shows that treaties elaborated within an international organization, although generally having a more restricted circle of parties, often impose specific duties on that organization. This chapter seeks to clarify the reasons justifying this practice and its limits.

Chapter.  19 pages.  9217 words. 

Subjects: Public International Law ; International Law ; Law

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