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Revocation Or Modification Of Obligations Or Rights Of Third States

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Chapter Summary

Article 37 concerns the revocation or modification of obligations or rights of third States. When an obligation or right has arisen for a third State it may be revoked or modified only with the consent of the parties to the treaty and of the third State, unless it is established that they had otherwise agreed. If a right is to continue to remain unchanged, it must be established that this was indeed the intention of all States concerned. It does not cover the suspension of obligations and rights afforded to third States or the situation where there is a change of circumstances. It sets out novel details, which do not appear to call in question the conclusion that the provision generally codified a pre-existing customary rule. Paragraph 1 contains a comparatively straightforward formulation, whereas the triple negative employed in paragraph 2 makes for inelegant drafting and a rather complex provision.

Keywords: Article 37; obligations; rights; third States



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