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Treaties Providing For Rights For Third States

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Chapter Summary

Article 36 envisages the situation where a right arises for a third State. A right arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to accord that right either to the third State, or to a group of States to which it belongs, or to all States, and the third State assents thereto. The treaty right can be accorded to a single third State, or to a group of States to which it belongs, or to all States. Article 36 is residual in that the conditions in particular as to consent only apply unless the treaty otherwise provides. A State exercising a right in accordance with paragraph 1 shall comply with the conditions for its exercise provided for in the treaty. Article 36 does not deal with the most-favoured-nation clause. It codified a pre-existing customary rule.

Keywords: Article 36; most-favoured-nation; right; third State; treaty



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