The Termination of Multipartite Treaties

The Termination of Multipartite Treaties

The Termination of Multipartite Treaties

The Termination of Multipartite Treaties

Excerpt

A brief discussion of the nature of the instruments included in this study is essential before proceeding with the treatment of the problems involved. Only such instruments will be considered as are drawn up between states, and signed, and, in addition, ratified, if that is necessary for their entry into force. Protocols, statutes and annexes attached to treaties, or signed and ratified similarly to treaties, will also be included. The terms "treaty", "agreement" and "convention" will be used interchangeably, as there appears to be no established distinction between these terms in the practice of states. The term "multipartite treaty" includes all agreements to which more than two states are parties. These agreements may be either bilateral,--in which case one of the parties has rights and obligations vis-à-vis the others as a group,--or multilateral, in which case there may be rights and obligations both as between each of the parties and each of the others, and as between each of the parties and the group as a whole. The principal matter of consideration will be those rules, if any, which may exist for the termination of multipartite treaties, and which may differ from those applying to bipartite instruments.

For the sake of convenience in treatment, multipartite agreements will be divided into three main categories. The first of these comprises that large and growing group whose functions, aside from that of effecting an exchange of rights and obligations between the parties, is to secure uniformity of conduct on the part of all of them for their mutual benefit. Such treaties deal with matters which can be treated uni-

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