CYIL vol. 13 (2022)

LYUBOMIR L. SAKALIYSKI CYIL 13 ȍ2022Ȏ third States or organisations deriving obligations from treaties they are not parties to, but there is a present necessity of this to be expressed in writing 10 . The JCPoA lacks a text to that effect, nor any of its parties have consented to have anything but equal relations with each other as evident by the view of at least one of the parties to the JCPoA 11 . Therefore, it could only be concluded that the EU is not a third IO incurring obligations or rights from the JCPoA, but that it is a party to it. Thus, the parties to the JCPoA are China, France, Germany, Iran, Russia, the UK, the USA and the EU. Having determined the parties to the JCPoA, attention must turn back to the relationship of said parties with the VCLTs. Out of the eight, four are State parties to the VCLT – Germany 12 , Russia 13 , the United Kingdom 14 and China 15 . Two of the eight are signatories to the VCLT – Iran 16 and the United States of America 17 . France is neither a signatory nor a State party to the VCLT. And lastly – the EU too is not a signatory nor a party to the VCLT, but by virtue of not being i) a State and ii) member of the United Nations it is excluded from the possibility of being party to the VCLT 18 . Additionally, the VCLT only applies to treaties between States 19 , so even if it is assumed that the JCPoA is a treaty the fact that the EU is party to it excludes it from the scope of the VCLT. Of the eight parties to the JCPoA two are parties to the VCLT II – Germany and the UK, one is a signatory – the USA, the other five are neither signatories nor parties to it. 20 But most importantly – the VCLT II is still not yet in force, so it too does not directly apply to the question at hand. and Austria PCIJ Reports Series A/B No 41, p. 48; VCLT (n 4) Art. 34; ILC, ‘Report of the of the International Law Commission on the work of its 18 th Session (4 May – 19 July 1966) UN Doc A/CN.4/191, p. 226; VCLT II (n 5) Art. 34; ILC, ‘Report on the International Law Commission on the Work of its 34 th Session (3 May – 23 July 1982) UN Doc A/37/10, p. 42. 10 VCLT (n 4) Art. 35; ILC, ‘Report of the of the International Law Commission on the work of its 18 th Session (4 May – 19 July 1966) UN Doc A/CN.4/191, p. 227; VCLT II (n 5) Art. 35; ILC, ‘Report on the International Law Commission on the Work of its 34 th Session (3 May – 23 July 1982) UN Doc A/37/10, p. 42. 11 Letter from Julia Frifield to Mike Pompeo (n 2), accessed 15 April 2022. 12 Ratification and accession by the Federal Republic of Germany (deposited 21 July 1987, with effect from 20 August 1987) 1474 UNTS 382; Accession by the German Democratic Republic (deposited 20 October 1986, with effect from 19 November 1986) 1438 UNTS 435. Considering that the dates in question are before the German unification citations have been given to both East and West Germany in order to dispel any speculations that the German Federation has chosen to remain a State party to the treaties only to one of the two States that existed prior and is no longer a State party to the VCLT. 13 Accession by the Union of Soviet Socialist Republics (deposited 29 April 1986, with effect from 29 May 1986) 1425 UNTS 441. There is no evidence suggesting that the USSR’s transition to the Russian Federation has impacted the latter’s relationship with the VCLT. 14 Ratification by the United Kingdom of Great Britain and Northern Ireland (deposited 25 June 1971, with effect from 27 January 1980) 1155 UNTS 331. 15 Accession by China (deposited 3 September 1997, with effect from 3 October 1997) 1989 UNTS 540. 16 Signature by Iran (signed 23 May 1969) , accessed 15 April 2022. 17 SignaturebyUSA(signed24April 1970) , accessed 15 April 2022. 18 VCLT (n 4), Arts. 81, 83. 19 Ibid. Art. 3. 20 Status of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organisations , accessed 15 April 2022.

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