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Third Parties and the Law of Treaties

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The author analyzes the relationship between third parties and treaties as defined by a general formula pacta tertiis nec nocent nec prosunt. This principle has been recognised in states’ practice as fundamental, and its existence has never been questioned. For states non-parties to the treaty, the treaty is res inter alios acta. It has been reflected in numerous cases before the World Court. For example, in the German Interests in Polish Upper Silesia Case, the PCIJ observed that: “[a] treaty only creates law as between States which are parties to it; in case of doubt, no rights can be deduced from it in favour of third States.”

10.1163/138946302775159433
/content/journals/10.1163/138946302775159433
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2002-01-01
2016-12-06

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