Article 10: Traités prévoyant la participation d'un Etat successeur

This chapter deals with the rare situations in which a treaty envisages either the right (article 10(1)) or the obligation (article 10(2)) of a successor State to participate in a treaty binding on the predecessor State. It thus deals with a type of treaty that seeks to regulate the effects of a future State succession. Because successor State participation is envisaged in advance of the succession itself, article 10 is above all a question of treaty law, notably that relative to third party participation (the pacta tertii rule), although the law of State succession does have some role to play. The cases in which the rule in article 10 has arisen in practice mostly relate to membership of international organisations where succession to membership is not the general rule -, notably in respect of certain commodity agreements.