La Unión Europea, sus estados miembros y la utilización creativa del derecho de los tratados

Abstract

The European Union is one of the more important actors in the building and development of the Public International Law and of the International Law of Treaties. This last one is especially important for the Union whose fundamental rules are international treaties. In addition, the European Union concludes many treaties in one of the more important manifestations of its external competence. On the other hand, the Union makes a creative utilization of the Law of the Treaties, turning to it in emergency situations in which the conclusion of international treaties, with a complex definition in some cases, is more feasible than the revision of the European Union Primary Law. Moreover, the Union uses creatively the institutions of the Law of Treaties, standing out the provisional application that allows avoiding temporarily the difficulties and the slowness characteristic of the European Union’s international treaties conclusion procedure, especially in the cases of the mixed agreements.