The Extent of the Commitment of Third States to International Treaties

Volume 21 , Issue 2 , November 2020 , Pages 585-598

Authors

Dawan Mohammed Jaza Abdullah 1

1 Law Department, College of Law, University of Sulaimani, Law Department, University College of Goizha

DOI logo 10.17656/jzsb.11031

Keywords

Abstract

International treaties are one of the most evident ways in which rules binding on two or more states
may come to existence. They are particularly useful when states need to change or recognize their
obligations under international law, some times to reflect the changed reality of international
community. The obligatory nature of treaties is founded upon the customary international law
principle that agreements are binding pacts sunt servanda i.e., treaties do not impose any obligations,
nor confer any rights, on third states). One of the most controversial issues regarding the law of
treaties concerns the obligation of third states to international treaties. The present paper examines
the commitment of third states to international treaties under existing international law. As a general
principle a treaty is an instrument governs by international law, once it enters into force, only the
parties thereto have legally binding obligations under international law. In addition the Vienna
Convention on the Law of Treaties 1969 refers to this as a general rule and it is a direct result of
fundamental principle of consent and of sovereignty and independence. However, there are
exceptions to the general rule that treaties are not binding on third parties. Finally, the current study
discusses that a treaty would be binding on a third party if its provisions have either codified
customary international law or if such third party expressly accepts in writing the obligations arising
from the treaty; or if the treaty is a ‘dispositive’ treaty, or if a treaty has a characteristic of jus cogens. 

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  • First online25 November 2020
  • Published at25 November 2020

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