...A somewhat cryptic provision of dubious purport in Article 38 adds to the preceding principles that Nothing in Articles 34 to 37 precludes a rule set...third State as a customary rule of international law, recognized as such. The provision does not in any way detail under what conditions this may become...

...material source of new custom, a caveat is entered in Article 34: "Nothing in the Articles 30 to 33 precludes a rule set forth in a treaty from becoming...third State as a customary rule of international law." This is clearly a necessary reservation. The commentary, however, explains that "in none of these cases,...

...provides that none of the rules regarding treaties which create rights or obligations for third States "precludes a rule set forth in a treaty from becoming...third State as a customary rule of international law, recognized as such". Article 43 states that— The invalidity, termination or denunciation of a treaty,...

...State. A ,-ticle 38 — Rule* in a treaty becoming binding on thin! States through international custom Nothing in articles 34 to 37 precludes a rule set...a treaty from becoming binding upon a third State MS a customary rule of international law, recognized as such. PART IV AMENDMENT A XII MODIFICATIOX...

...Treaties recognizes that nothing in the Article of the Treaty dealing with "Treaties and Third States," "precludes a rule set forth in a treaty from becoming...third State as a customary rule of international law, recognized as such." " Id., 373-374. and accessions so far secured is, though respectable, hardly sufficient,"...

...States, the Commission included in its final draft the following article : "Nothing in Articles 30 to 33 precludes a rule set forth in a treaty from becoming...third State as a customary rule of international law" (Article 34). This text might be interpreted as admitting a gradual extension of the recognition of...

...general legal principle and by common sense."* Article 38 of the Vienna Treaty, however, provides: Nothing in articles 34 to 37 precludes a rule set...third State as a customary rule of international law, recognized as such. This provision does not contemplate in any way that a treaty may as such become...

...respectively) in OR Documents 268. 23. (Doc A/CONF 39 L. 23), ibid.: "(n)othing in articles 30 to 33 precludes a rule set forth in a treaty from becoming binding upon a third State so far as that rule would be binding upon it, in accordance with international law, independently of...

...'Article 34: A treaty does not create either obligations or rights for a third State without its consent.' 'Article 38: Nothing in Articles 34 to 37 precludes...third State as a customary rule of international law, recognized as such.' How a treaty rule changes itself into a rule of customary international law will...

...Convention on the Law of Treaties acknowledges the effect of conventional law on customary law in Articles 38: "Nothing in Articles 34 to 37 precludes a rule...third state as a customary rule of international law, recognized as such".33 In the North Sea Continental Shelf Case, the International Court of Justice...