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. In any case, the Vienna convention lays down that treaties must always be interpreted in good faith and in accordance with the ordinary meaning of the words contained within, given their context within the treaty [31] .

 

The norm in public international law is that a treaty creates rights and obligations only between its parties, therefore third party states are not bound by any treaty which they have not individually entered into. This notion is best expressed by the maxim pacta tertiis nec nocent nec prosunt [32] . Art.34 of the Vienna Convention states that 'a treaty does not create either obligations or rights for a third state without its consent'. This reasoning had already been confirmed in the earlier case dealing with the German Interests in Polish Upper Silesia [33] back in 1925. In this case, the PCIJ stated 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'.

 

There are however some slight exceptions to this otherwise general principle. A norm which was originally confined to a treaty between a limited number of states may eventually become part of international custom through state practice and therefore achieve general application [34] .

 

The position at international laws appears to be clear enough in regard to cases where obligations are imposed on states which are merely third parties two treaties entered into by other states. The situation may tend to differ in cases which concern the granting of rights to third parties. The question is over when, if at all, such a 'right' becomes complete and enforceable by the third party state. According to Brownlie and McNair amongst others, 'the general rule is that the third state only benefits in this sense if it expressly or implicitly assent to the creation of the right’. [35] The corollary is that the third state may refuse the right either explicitly or else simply by failing to exercise the alleged right. On the other hand, if a third state has accepted a right, the right cannot be revoked by the actual parties to the treaty if it can be established that the right conferred was not originally intended to be revocable, save the third states freedom to consent to such revocation or limitation [36] .

 

Strictly speaking, in the case brought before Judge George the matter of there being a treaty to which only litigant (A) is a party does not have a bearing on the relationship between states A and B in litigation since B is clearly a third party to the treaty and is therefore outside the scope of any rights or obligations created or conferred by the treaty provided that B had not consented to any obligations created by the treaty or else accepted any rights arising from the same.

 

A statement by the foreign minister of one of the parties

 

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