Volume I Part 71 (1/2)

[Sidenote: Good Offices and Mediation.]

-- 530. A treaty may be concluded with the help of the good offices or through the mediation of a third State, whether these offices be asked for by the contracting parties or be exercised spontaneously by a third State. Such third State, however, does not necessarily, either through good offices or through mediation, become a real party to the treaty, although this might be the case. A great many of the most important treaties owe their existence to the good offices or mediation of third Powers. The difference between good offices and mediation will be discussed below, vol. II. -- 9.

[Sidenote: Intervention.]

-- 531. A third State may partic.i.p.ate in a treaty in such a way that it interposes dictatorially between two States negotiating a treaty and requests them to drop or to insert certain stipulations. Such intervention does not necessarily make the interfering State a real party to the treaty. Instances of threatened intervention of such a kind are the protest on the part of Great Britain against the preliminary peace treaty concluded in 1878 at San Stefano[898] between Russia and Turkey, and that on the part of Russia, Germany, and France in 1895 against the peace treaty of s.h.i.+monoseki[899] between j.a.pan and China.

[Footnote 898: See above, -- 135, p. 190, No. 2.]

[Footnote 899: See R.G. II. pp. 457-463. Details concerning intervention have been given above, -- 134-138; see also below, vol. II. -- 50.]

[Sidenote: Accession.]

-- 532. Of accession there are two kinds. Accession means, firstly, the formal entrance of a third State into an existing treaty so that such State becomes a party to the treaty with all rights and duties arising therefrom. Such accession can take place only with the consent of the original contracting parties, and accession always const.i.tutes a treaty of itself. Very often the contracting parties stipulate expressly that the treaty shall be open to the accession of a certain State. And the so-called law-making treaties, as the Declaration of Paris or the Geneva Convention for example, regularly stipulate the option of accession of all such States as have not been originally contracting parties.

But there is, secondly, another kind of accession possible. For a State may enter into a treaty between other States for the purpose of guarantee.[900] This kind of accession makes the acceding State also a party to the treaty; but the rights and duties of the acceding State are different from the rights and duties of the other parties, for the former is a guarantor only, whereas the latter are directly affected by the treaty.

[Footnote 900: See above, -- 528.]

[Sidenote: Adhesion.]

-- 533. Adhesion is defined as such entrance of a third State into an existing treaty as takes place either with regard only to a part of the stipulations or with regard only to certain principles laid down in the treaty. Whereas through accession a third State becomes a party to the treaty with all the rights and duties arising from it, through adhesion a third State becomes a party only to such parts or principles of the treaty as it has adhered to. But it must be specially observed that the distinction between accession and adhesion is one made in theory, to which practice frequently does not correspond. Often treaties speak of accession of third States where in fact adhesion only is meant, and _vice versa_. Thus, article 6 of the Hague Convention with respect to the laws and customs of war on land stipulates the possibility of future _adhesion_ of non-signatory Powers, although accession is meant.

IX

EXPIRATION AND DISSOLUTION OF TREATIES

Vattel, II. ---- 198-205--Hall, -- 116--Westlake, I. pp.

284-286--Lawrence, -- 134--Halleck, I. pp. 293-296--Taylor, ---- 394-399--Wharton, II. -- 137A--Wheaton, -- 275--Moore, V. ---- 770-778--Bluntschli, ---- 450-461--Heffter, -- 99--Ullmann, -- 85--Bonfils, Nos. 855-860--Despagnet, Nos.

453-455--Pradier-Fodere, II. Nos. 1200-1218--Merignhac, II. p.

788--Rivier, II. -- 55--Nys, III. pp. 48-53--Calvo, III. ---- 1662-1668--Fiore, II. Nos. 1047-1052--Martens, I. -- 117--Jellinek, ”Die rechtliche Natur der Staatenvertrage” (1880), pp.

62-64--Nippold, op. cit. pp. 235-248--Olivi, ”Sull' estinzione dei trattati intern.a.z.ionali” (1883)--Schmidt, ”Ueber die volkerrechtliche _clausula rebus sic stantibus_, &c.”

(1907)--Kaufmann, ”Das Wesen des Volkerrechts und die _clausula rebus sic stantibus_” (1911)--Bonucci in Z.V. IV. (1910), pp.

449-471.

[Sidenote: Expiration and Dissolution in Contradistinction to Fulfilment.]

-- 534. The binding force of treaties may terminate in four different ways, because a treaty may either expire, or be dissolved, or become void, or be cancelled.[901] The grounds of expiration of treaties are, first, expiration of the time for which a treaty was concluded, and, secondly, occurrence of a resolutive condition. Of grounds of dissolution of treaties there are three--namely, mutual consent, withdrawal by notice, and vital change of circ.u.mstances. In contradistinction to expiration and dissolution as well as to voidance and cancellation, performance of treaties does not terminate their binding force. A treaty whose obligation has been performed is as valid as before, although it is now of historical interest only.

[Footnote 901: The distinction made in the text between fulfilment, expiration, dissolution, voidance, and cancellation of treaties is, as far as I know, nowhere sharply drawn, although it would seem to be of considerable importance. Voidance and cancellation will be discussed below, ---- 540-544 and 545-549.]

[Sidenote: Expiration through Expiration of Time.]

-- 535. All such treaties as are concluded for a certain period of time only, expire with the expiration of such time, unless they are renewed or prolonged for another period. Such time-expiring treaties are frequently concluded, and no notice is necessary for their expirations, except when specially stipulated.

A treaty, however, may be concluded for a certain period of time only, but with the additional stipulation that the treaty shall after the lapse of such period be valid for another such period, unless one of the contracting parties gives notice in due time.

[Sidenote: Expiration through Resolutive Condition.]