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AbstractClassic constitutional thought considered the power to conclude international treaties to fall within the executive's exclusive domain. But this nineteenth‐century logic hardly convinces in the twenty‐first century. For the function of international treaties has dramatically shifted from the military to the regulatory domain; and in the wake of this 'new internationalism', the traditional divide between 'internal' and 'external' affairs has increasingly disappeared. Has this enlarged scope of the treaty power also triggered a transformation of its nature; and in particular: has the rise of 'legislative' international treaties been compensated by a greater role accorded to parliaments? This article explores this question comparatively by looking at the constitutional law of the United States and the European Union. Within the United States, international treaties were traditionally concluded under a procedure that excluded the House of Representatives; yet with the rise of the Congressional‐Executive‐Agreement in the twentieth century, this democratic deficit has been partially remedied. We find a similar evolution within the context of the European Union, where an increasing 'parliamentarisation' of the treaty power has taken place. Yet a democratic deficit here nevertheless also continues to exist.

The article is devoted to the doctrine and practice of the Law of Treaties. The author focuses his attention on the following four topics: 1. the Treaties and third States or third international organizations; 2. the Tre?aties that provide rights for third States or third international organizations; 3. the Treaties that set out obligations for third States or third international organizations. He pays special attention to the most-favoured-nation clau?se. The author gives interpretations of the Vienna Convention on the Law of Treaties 1969 and the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986.

The Draft Articles on the Law of Treaties completed in 1966 by the International Law Commission and submitted to the General Assembly of the United Nations, on the basis of proposals by the Special Rapporteur, Sir Humphrey Waldock, contain, in Part VII (entitled "Depositaries, Notifications, Corrections and Registration"), three articles—Articles 71, 72 and 73—dealing directly with the depositary of an international treaty; and throughout the Draft Articles are to be found other provisions which directly or indirectly relate to the same institution of contemporary international law and relations.