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Treaties Providing For Obligations For Third States

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Chapter Summary

Article 35 concerns the situation where an obligation arises for a third State. An obligation arises for a third State from the provision of a treaty if the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing. The third State wishing to accept the obligation will be interested in one or all the provisions of a treaty, but has no wish to become a party. The treaty parties may grant the third State some benefit to entice it also to accept the obligation. The conditions to be met for the contractual obligation to arise are, the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing. Requiring express acceptance in writing of the obligation is a rigorous condition.

Keywords: Article 35; third States; treaty

10.1163/ej.9789004168046.i-1058.232
/content/books/10.1163/ej.9789004168046.i-1058.232
dcterms_subject,pub_keyword
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