(or sometimes ) is a Legal Latin term commonly used in

public international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

and

constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...

that refers to the right to conclude

treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...

. It is usually referred to in English as treaty-making power. As defined in article 6 of the

Vienna Convention on the Law of Treaties The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are define ...

, every

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

possesses the capacity to conclude treaties. International organizations as well as subnational entities of federal states may have treaty-making power as well. ' is linked to the concept of international

legal personality Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural pers ...

. __NOTOC__

International organizations

International organization An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states a ...

s commonly have the power to conclude treaties as well. A notable example is the

European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...

, which has concluded a number of

free trade agreements A free-trade agreement (FTA) or treaty is an agreement according to international law to form a free-trade area between the cooperating states. There are two types of trade agreements: bilateral and multilateral. Bilateral trade agreements occu ...

. The

Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations #REDIRECT Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations ...

aims to be an extension to the Vienna Convention on the Law of Treaties and deals with treaties between one or more states and one or more international organizations and between international organizations. However, this Vienna Convention is not yet into force as of 2013 due to insufficient number of ratifications. One of the most extensive cases on international organizations’ treaty-making power is the Advisory Opinion of the International Court of Justice titled, ''Reparation for Injuries Suffered in the Service of the United Nations'', which details the relationship between sovereignty and the obligation to pay reparation, as well as the criteria to determine international legal personality.

Federal states

Federated state A federated state (which may also be referred to as a state, a province, a region, a canton, a land, a governorate, an oblast, an emirate or a country) is a territorial and constitutional community forming part of a federation. Such sta ...

s, as part of a federal (sovereign) state, usually do not have the power to conclude treaties—which is determined by the federal constitution. For example, the

Contract Clause Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...

of the

United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

explicitly forbids U.S. states from concluding treaties. The Constitution of Mexico also prohibits its states from making treaties. On the other hand, the Constitution of

Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...

for example grants its communities and regions the power to make treaties.Article 167 of the

Constitution of Belgium The Constitution of Belgium ( nl, Belgische Grondwet, french: Constitution belge, german: Verfassung Belgiens) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility ...

The of

Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...

and

Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...

and the cantons of

Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...

can make treaties within their respective competencies.

References

{{reflist

International organizations

Federal states

References

See also