Question

In international law on treaties, the maxim ‘Pacta tertiis nec nocent nec prosunt’ means

• A. A treaty binds only the parties
• B. A treaty does not create obligations for a third state
• C. Both (a) and (b)
• D. None of the above

Answer 1

The Correct Option is C

The maxim ‘Pacta tertiis nec nocent nec prosunt’ is a principle in international law of treaties which translates to "agreements do not harm or benefit third parties." This principle implies that treaties are binding only on the parties involved in the agreement and do not impose obligations or confer rights upon non-parties, unless the third parties agree to such terms separately.

Thus, in the context of the given options:

• A treaty binds only the parties: This statement aligns with the maxim since it emphasizes that only those who are parties to a treaty are bound by its terms.
• A treaty does not create obligations for a third state: This also reflects the essence of the maxim as it underlines that third states that are not parties to a treaty do not have obligations under that treaty.

Considering both explanations, the most comprehensive understanding of the maxim is captured by the option "Both (a) and (b)" as it encompasses both the binding effect of a treaty only on its parties and the non-imposition of obligations on non-parties. Thus, the correct answer is Both (a) and (b).