Section 107p. 107

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

3. The terms of the treaty are presumed to have the same

meaning in each authentic text.

4. Except where a particular text prevails in accordance

with paragraph 1, when a comparison of the authentic

texts

discloses

a

difference

of

meaning

which

the

application of articles 31 and 32 does not remove, the

meaning which best reconciles the texts, having regard

to the object and purpose of the treaty, shall be adopted.

SECTION 4 Treaties and Third States

ARTICLE 34

General Rule Regarding Third States

A treaty does not create either obligations or rights for a

third State without its consent.

ARTICLE 35

Treaties Providing for Obligations for Third States

An obligation arises for a third State from a 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.

ARTICLE 36

Treaties Providing for Rights for Third States

1. 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. Its assent shall be presumed so

long as the contrary is not indicated, unless the treaty

otherwise provides.

2. A State exercising a right in accordance with paragraph

1 shall comply with the conditions for its exercise provided

for in the treaty or established in conformity with the

treaty.

ARTICLE 37

Revocation or Modification of Obligations or Rights of

Third States

1. When an obligation has arisen for a third State in

conformity with article 35, the obligation 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.

2. When a right has arisen for a third State in conformity

with article 36, the right may not be revoked or modified

by the parties if it is established that the right was

intended not to be revocable or subject to modification

without the consent of the third State.

ARTICLE 38

Rules in a Treaty Becoming Binding on Third States

Through International Custom

Nothing in articles 34 to 37 precludes a rule set forth in a

treaty from becoming binding upon a third State as a

customary rule of international law, recognized as such.

PART IV Amendment and Modification of

Treaties

ARTICLE 39

General Rule Regarding the Amendment of Treaties

A treaty may be amended by agreement between the

parties. The rules laid down in Part II apply to such an

agreement except insofar as the treaty may otherwise

provide.

ARTICLE 40

Amendment of Multilateral Treaties

1. Unless the treaty otherwise provides, the amendment

of multilateral treaties shall be governed by the following

paragraphs.

2. Any proposal to amend a multilateral treaty as between

all the parties must be notified to all the contracting

States, each one of which shall have the right to take part

in:

(a) the decision as to the action to be taken in regard to

such proposal;

(b) the negotiation and conclusion of any agreement for

the amendment of the treaty.

3. Every State entitled to become a party to the treaty

shall also be entitled to become a party to the treaty as

amended.

4. The amending agreement does not bind any State

already a party to the treaty which does not become a

party to the amending agreement; article 30, paragraph 4

(b), applies in relation to such State.

5. Any State which becomes a party to the treaty after the

entry into force of the amending agreement shall, failing

an expression of a different intention by that State:

(a) be considered as a party to the treaty as amended;

and

(b) be considered as a party to the unamended treaty in

relation to any party to the treaty not bound by the

amending agreement.

ARTICLE 41

Agreements to Modify Multilateral Treaties Between

Certain of the Parties Only

1. Two or more of the parties to a multilateral treaty may

conclude an agreement to modify the treaty as between

themselves alone if:

(a) the possibility of such a modification is provided for by

the treaty; or

(b) the modification in question is not prohibited by the

treaty and:

(i) does not affect the enjoyment by the other parties of

their rights under the treaty or the performance of their

obligations;

(ii) does not relate to a provision, derogation from which is

incompatible with the effective execution of the object

and purpose of the treaty as a whole.

2. Unless in a case falling under paragraph 1 (a) the treaty

otherwise provides, the parties in question shall notify the

other

parties

of

their

intention

to

conclude

the

agreement and of the modification to the treaty for

which it provides.

PART V Invalidity, Termination and Suspension

of the Operation of Treaties

SECTION 1 General Provisions

ARTICLE 42

Validity and Continuance in Force of Treaties

1. The validity of a treaty or of the consent of a State to be

bound by a treaty may be impeached only through the

application of the present Convention.

2. The termination of a treaty, its denunciation or the

withdrawal of a party, may take place only as a result of

the application of the provisions of the treaty or of the

present Convention. The same rule applies to suspension

of the operation of a treaty.

ARTICLE 43

Obligations Imposed by International Law

Independently of a Treaty

The invalidity, termination or denunciation of a treaty, the

withdrawal of a party from it, or the suspension of its

operation, as a result of the application of the present

Convention or of the provisions of the treaty, shall not in

any way impair the duty of any State to fulfill any

obligation embodied in the treaty to which it would be

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