1980_____United Nations — Treaty Series • Nations Unies — Recueil des Traités_____341
SECTION 4. TREATIES AND THIRD STATES
Article 34. GENERAL RULE REGARDING THIRD STATES
A treaty does not create either obligations or rights for a third State without its
consent.
Article 35. TREATIES PROVIDING FOR OBLIGATIONS FOR THIRD STATES
An obligation arises for a third State from a provision of a treaty if the parties to
the treaty intend the provision to be the means of establishing the obligation and the
third State expressly accepts that obligation in writing.
Article 36. TREATIES PROVIDING FOR RIGHTS FOR THIRD STATES
1. A right arises for a third State from a provision of a treaty if the parties to
the treaty intend the provision to accord that right either to the third State, or to a
group of States to which it belongs, or to all States, and the third State assents
thereto. Its assent shall be presumed so long as the contrary is not indicated, unless
the treaty otherwise provides.
2. A State exercising a right in accordance with paragraph 1 shall comply with
the conditions for its exercise provided for in the treaty or established in conformity
with the treaty.
Article 37.
REVOCATION OR MODIFICATION OF OBLIGATIONS
OR RIGHTS OF THIRD STATES
1. When an obligation has arisen for a third State in conformity with arti
cle 35, the obligation may be revoked or modified only with the consent of the parties
to the treaty and of the third State, unless it is established that they had otherwise
agreed.
2. When a right has arisen for a third State in conformity with article 36, the
right may not be revoked or modified by the parties if it is established that the right
was intended not to be revocable or subject to modification without the consent of
the third State.
Article 38.
RULES IN A TREATY BECOMING BINDING ON THIRD STATES
THROUGH INTERNATIONAL CUSTOM
Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming
binding upon a third State as a customary rule of international law, recognized as
such.
PART iv. AMENDMENT AND MODIFICATION OF TREATIES
Article 39. GENERAL RULE REGARDING THE AMENDMENT OF TREATIES
A treaty may be amended by agreement between the parties. The rules laid down
in Part II apply to such an agreement except in so far as the treaty may otherwise pro
vide.
Article 40. AMENDMENT OF MULTILATERAL TREATIES
1. Unless the treaty otherwise provides, the amendment of multilateral treaties
shall be governed by the following paragraphs.
2. Any proposal to amend a multilateral treaty as between all the parties must
be notified to all the contracting States, each one of which shall have the right to take
part in:
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