Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Article 46: Provisions Of Internal Law Regarding Competence To Conclude Treaties

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Article 46 states to what extent constitutional limitations on the power of the executive to conclude a treaty may affect the validity in international law of consent to a treaty given by a State representative apparently authorised to give that consent. In essence, if a State representative who is competent under international law expresses the consent of the State to a treaty, that State is bound to its international obligations under the treaty. It is concerned with whether this consent has been expressed in violation of a provision of its internal law regarding competence to conclude treaties. Internal law on the competence to conclude treaties embraces written and unwritten constitutional law and practice, subordinate legal and administrative provisions, and obligations in internal law derived from treaties which that State has concluded with other States.

Keywords: international law; treaty



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Commentary on the 1969 Vienna Convention on the Law of Treaties — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation