VI EFFECT OF TREATIES
Hall, § 114—Lawrence, § 134—Halleck, I. pp. 279-281—Taylor, §§ 370-373—Wharton, II. § 137—Wheaton, § 266—Bluntschli, §§ 415-416—Hartmann, § 49—Heffter, § 94—Bonfils, Nos. 845-848—Despagnet, Nos. 447-448—Pradier-Fodéré, II. Nos. 1151-1155—Mérignhac, II. pp. 667-672—Rivier, II. pp. 119-122—Calvo, III. §§ 1643-1648—Fiore, II. Nos. 1008-1009, and Code, Nos. 768-778—Martens, I. §§ 65 and 114—Nippold, op. cit. pp. 151-160.
Effect of Treaties upon Contracting Parties.
§ 519. By a treaty the contracting parties in the first place are concerned. The effect of the treaty upon them is that they are bound by its stipulations, and that they must execute it in all its parts. No distinction should be made between more and less important parts of a treaty as regards its execution. Whatever may be the importance or the insignificance of a part of a treaty, it must be executed with good faith, for the binding force of a treaty covers equally all its parts and stipulations. If, however, a party to a treaty concluded between more than two parties signs it with a reservation as regards certain articles, such party is not bound by these articles, although it ratifies[884] the treaty.
Effect of Treaties upon the Subjects of the Parties.
§ 520. It must be specially observed that the binding force of a treaty concerns the contracting States only, and not their subjects. As International Law is a law between States only and exclusively, treaties can have effect upon States and can bind States only and exclusively. If treaties contain stipulations with regard to rights and duties of the contracting States' subjects,[885] courts, officials, and the like, these States have to take such steps as are necessary, according to their Municipal Law, to make these stipulations binding upon their subjects, courts, officials, and the like. It may be that according to the Municipal Laws of some countries the official publication of a treaty concluded by the Government is sufficient for this purpose, but in other countries other steps are necessary, such as, for example, special statutes to be passed by the respective Parliaments.[886]
[886] The distinction between International and Municipal Law as discussed above, §§ 20-25, is the basis from which the question must be decided whether international treaties have a direct effect upon the officials and subjects of the contracting parties.