The Legal Status of International Organizations as Third Parties to International Treaties in Accordance to Principle pacta tertiis nec nocent nec prosunt

Abstract

The article is devoted to the genesis of the principle of pacta tertiis nec nocent necprosunt (treaties do not create either obligations or rights for third states without theirconsent) in the law of treaties with respect to international organizations. This principle,originated from the Roman law, was enshrined in the existing law of treaties throughthe relevant provisions of the Vienna Convention on the Law of Treaties between Statesand International Organizations or Between International Organizations of 1986. Theauthors reveal a number of defects related to the duplication of provisions of the ViennaConvention on the Law of Treaties between States and International Organizations orBetween International Organizations of 1986 concerning the legal consequences oftreaties in relation to third parties, originally established in the Vienna Convention on theLaw of Treaties in 1969. Such an approach does not allow to cover the whole possiblerange of international relations with participation of international organizations, especiallywhen it comes to the establishment of obligations and rights of member States ofinternational organizations. In practice, it emerges the questions as to the activities of thesecretaries-general of international organizations as depositaries of international treaties,as well as the expenditures of member States relating to the functioning of the organsof international organizations. The article concludes that, in fact, the proper regulatoryeffect of the provisions of the Vienna Convention of 1986 is only manifested with respectto one of the possible types of third organizations, namely international organizations thatare not parties to the relevant international treaty. The issue of the legal effects of treatiesconcluded by an international organization on its member States stands aside. In thisregard, it is suggested that in the near future, addressing the remaining legal uncertaintyand the search for legal mechanisms to resolve the mentioned issue will be carried outwithin the international organizations themselves through the adoption and establishmentof their own internal rules of activity.
For citation: Balkhaeva S.B., Pomazansky A.E. (2021) The Legal Status of International Organizations as Third Parties to International Treaties in Accordance to Principle pacta tertiis nec nocent nec prosunt. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 154– 173 (in Russian) DOI: 10.17323/2072-8166.2021.1.154.173