VIII PARTICIPATION OF THIRD STATES IN TREATIES
Hall, § 114—Wheaton, § 288—Hartmann, § 51—Heffter, § 88—Ullmann, § 81—Bonfils, Nos. 832-834—Despagnet, No. 448—Pradier-Fodéré, II. Nos. 1127-1150—Rivier, II. pp. 89-93—Calvo, III. §§ 1621-1626—Fiore, II. Nos. 1025-1031—Martens, I. § 111.
Interest and Participation to be distinguished.
§ 529. Ordinarily a treaty creates rights and duties between the contracting parties exclusively. Nevertheless, third States may be interested in such treaties, for the common interests of the members of the Family of Nations are so interlaced that few treaties between single members can be concluded in which third States have not some kind of interest. But such interest, all-important as it may be, must not be confounded with participation of third States in treaties. Such participation can occur in five different forms—namely, good offices, mediation, intervention, accession, and adhesion.[897]
[897] That certain treaties concluded by the suzerain are ipso facto concluded for the vassal State does not make the latter participate in such treaties. Nor is it correct to speak of participation of a third State in a treaty when a State becomes party to a treaty through the fact that it has given a mandate to another State to contract on its behalf.
Good Offices and Mediation.
§ 530. A treaty may be concluded with the help of the good offices or through the mediation of a third State, whether these offices be asked for by the contracting parties or be exercised spontaneously by a third State. Such third State, however, does not necessarily, either through good offices or through mediation, become a real party to the treaty, although this might be the case. A great many of the most important treaties owe their existence to the good offices or mediation of third Powers. The difference between good offices and mediation will be discussed below, [vol. II. § 9].
Intervention.
§ 531. A third State may participate in a treaty in such a way that it interposes dictatorially between two States negotiating a treaty and requests them to drop or to insert certain stipulations. Such intervention does not necessarily make the interfering State a real party to the treaty. Instances of threatened intervention of such a kind are the protest on the part of Great Britain against the preliminary peace treaty concluded in 1878 at San Stefano[898] between Russia and Turkey, and that on the part of Russia, Germany, and France in 1895 against the peace treaty of Shimonoseki[899] between Japan and China.
[898] See above, § [135, p. 190, No. 2].