La Unión Europea y el Derecho de los tratados: una relación compleja

Abstract

The article analyses the conventional practice of the EU from the perspective of the law of treaties, dealing with its most significant aspects. After indicating some particularities in the Member States’ treaty making power, the article addresses several topics, such as the frequent use of the provisional application, the limited practice concerning reservations,
the resort to inter se agreements, the variety of clauses used, and the difficulties to determine the nature of some agreements. Moreover, it examines some misrepresentations caused by the EU practice in the Spanish practice. The study highlights that the law of treaties is a useful tool for the Union and the EU has also enriched the law of treaties with imaginative contributions.