Where is R2P grounded in international law? Anne-Marie Judson A ...

etween the reserving state and accepting states, 170 but it does not modify the
relationship between all parties to the Treaty. 171 When a party to the treaty objects to
the reservations and does not oppose its entry into force the reservations to the treaty
do not apply between the states. 172
The law on interpretation in the VCLT is determined by the ordinary meaning of the
words in their context and in the light of its object and purpose. 173 In addition to the
text of the document it includes the preamble and annexes, any agreements that were
made between the parties, the practice between the parties and any relevant rules of
international law that are applicable to the case. 174
Just as significantly, when other matters relating to the treaty are taken into
consideration they will be dependent on the rule of pacta sunt servada as mentioned
previously. 175 A party cannot invoke its internal laws for justification of its failure to
perform treaty duties. 176 Each treaty that is binding on a state is applicable to its
entire territory including those that it occupies. 177 This means that a state cannot
derogate from Treaties in occupied areas that are within its jurisdiction and control.
Regarding the rule of pacta terii nec nocent nec prosunt Article 34 provides clarification; a
treaty does not create obligations or rights for a third state without its consent. 178
However nothing in the articles precludes a rule in a treaty from becoming binding on
a third state as a customary rule of international law 179 showing us once again that
some rules of international law are binding on all states. This also clarifies that duties
of a state include the duty to fulfil any obligations embodied in the treaty to which it
would be subject under international law, independent of the treaty in question. 180
170 Articles 20(5) and 21 (1) a, 21 (1) b, VCLT
171 Article 21(2) VCLT
172 Article 21 (3) VCLT
173 Article 31, VCLT
174 Articles 31 and 32
175 Part iii, section 1, article 26, VCLT
176 Article 27, VCLT
177 Article 29, VCLT
178 Conte, a, An introduction to international law, lexis Nexis (2006) page 53
179 See article 38, this also includes customary laws against the crime of genocide, war crimes
and crimes against humanity. As will be discussed in chapter 3, section 2.
180 See articles 43 and 40 (2) VCLT
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