1 Treaty-making power or treaty-making capacity, used here synonymously, is the legal capacity to conclude international treaties. The term was probably first employed by Wheaton (H Wheaton ‘The Elements of International Law’ in JB Scott [ed] The Classics of International Law [8th ed Carnegie Institution Washington 1936] 252). Today, the concept relates to two different legal levels: the power of an entity, eg a State, and the power of specific bodies or organs within that entity (eg the Heads of State). The former power is regulated by international law, the...
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