International Conventions and Third States; A Monograph

International Conventions and Third States; A Monograph

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...clause in a treaty will be held to preclude accession in any other manner. 35. Treaties Intended to Confer Legal Rights on Third States: no Accession Clause.--There still remains the question how far third states can acquire rights under a treaty which was designed to confer legal rights upon them, but contains no "accession" clause. Such rights might conceivably be acquired in one of two ways: (i) It might be that the law of nations permitted the contracting parties, if they wished to confer upon a third state, not merely a benefit, but also a legal right, to alter the general rule of law, by express agreement, in favour of that state. Some systems of municipal law have, as has been seen,1 done this. next section in that it contains an "accession " clause, and it had' not been in force long enough at the time of this episode to have become the basis of a rule of customary law in the manner discussed in a subsequent part of this monograph, (See ch. vi. p. 72.) 1 7. 4-1o. (ii) It might be that the Family of Nations had consented to regard a stipulation in a treaty which was intended to confer a legal right on a third state as an offer to that state to enter into an additional contract, identical in terms with the original treaty; an offer capable of acceptance by conduct, so as to give the third state legal rights and liabilities. These two propositions must be distinguished. The first would explain the acquisition of rights, but could not explain the imposition of obligations;1 the second would explain both. Again, acceptance by the third state is an essential element in the second proposition, but not in the first. Thirdly, the second proposition necessarily involves the possibility of the conclusion of more

Product details

  • Paperback | 32 pages
  • 189 x 246 x 2mm | 77g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236505042
  • 9781236505040