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国际组织所缔结的条约与国际组织成员国的关系是一个复杂问题。其中核心问题涉及成员国是否单纯为条约第三方 ,以及国际组织本身的人格性质对成员国地位的影响。在当前 ,根据国际组织的不同法律人格 ,成员国对国际组织所缔结的条约负有不同义务 ,因而不能单纯地当作条约第三方或当事方来看待。由于种种原因 ,1 986年《维也纳条约法公约》对此问题予以“搁置” ,反映了当前解决这一问题的条件仍不成熟。
The relationship between the treaties concluded by international organizations and the member States of international organizations is a complex one. The core issue is whether the member states simply affect the status of member states by the third party of the treaty and the personality of the international organization itself. At present, according to the different legal personality of international organizations, member states have different obligations to treaties concluded by international organizations and therefore can not simply be treated as third parties or parties to the treaty. Due to various reasons, the “Vienna Convention on the Law of Treaties” of 1986 on this issue was “put on hold”, reflecting that the conditions for settling this issue are still immature.