[899] See R.G. II. pp. 457-463. Details concerning intervention have been given above, § 134-138; see also below, [vol. II. § 50.]
Accession.
§ 532. Of accession there are two kinds. Accession means, firstly, the formal entrance of a third State into an existing treaty so that such State becomes a party to the treaty with all rights and duties arising therefrom. Such accession can take place only with the consent of the original contracting parties, and accession always constitutes a treaty of itself. Very often the contracting parties stipulate expressly that the treaty shall be open to the accession of a certain State. And the so-called law-making treaties, as the Declaration of Paris or the Geneva Convention for example, regularly stipulate the option of accession of all such States as have not been originally contracting parties.
But there is, secondly, another kind of accession possible. For a State may enter into a treaty between other States for the purpose of guarantee.[900] This kind of accession makes the acceding State also a party to the treaty; but the rights and duties of the acceding State are different from the rights and duties of the other parties, for the former is a guarantor only, whereas the latter are directly affected by the treaty.
Adhesion.
§ 533. Adhesion is defined as such entrance of a third State into an existing treaty as takes place either with regard only to a part of the stipulations or with regard only to certain principles laid down in the treaty. Whereas through accession a third State becomes a party to the treaty with all the rights and duties arising from it, through adhesion a third State becomes a party only to such parts or principles of the treaty as it has adhered to. But it must be specially observed that the distinction between accession and adhesion is one made in theory, to which practice frequently does not correspond. Often treaties speak of accession of third States where in fact adhesion only is meant, and vice versa. Thus, article 6 of the Hague Convention with respect to the laws and customs of war on land stipulates the possibility of future adhesion of non-signatory Powers, although accession is meant.
IX EXPIRATION AND DISSOLUTION OF TREATIES
Vattel, II. §§ 198-205—Hall, § 116—Westlake, I. pp. 284-286—Lawrence, § 134—Halleck, I. pp. 293-296—Taylor, §§ 394-399—Wharton, II. § 137A—Wheaton, § 275—Moore, V. §§ 770-778—Bluntschli, §§ 450-461—Heffter, § 99—Ullmann, § 85—Bonfils, Nos. 855-860—Despagnet, Nos. 453-455—Pradier-Fodéré, II. Nos. 1200-1218—Mérignhac, II. p. 788—Rivier, II. § 55—Nys, III. pp. 48-53—Calvo, III. §§ 1662-1668—Fiore, II. Nos. 1047-1052—Martens, I. § 117—Jellinek, "Die rechtliche Natur der Staatenverträge" (1880), pp. 62-64—Nippold, op. cit. pp. 235-248—Olivi, "Sull' estinzione dei trattati internazionali" (1883)—Schmidt, "Ueber die völkerrechtliche clausula rebus sic stantibus, &c." (1907)—Kaufmann, "Das Wesen des Völkerrechts und die clausula rebus sic stantibus" (1911)—Bonucci in Z.V. IV. (1910), pp. 449-471.
Expiration and Dissolution in Contradistinction to Fulfilment.