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high contracting parties


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The representatives of states who have signed or ratified a treaty. From the point of view of international law it is immaterial where the treaty-making power resides (e.g. in a head of state, a senate, or a representative body): this is a question determinable by the constitutional law of the particular contracting state concerned. Other nations are entitled only to demand from those with whom they contract a de facto capacity to bind the society that they represent. The House of Lords has held that the determination of who the high contracting parties are is to be based upon the terms of the individual treaty in question. Thus the signatories, as well as the parties, can be considered to be high contracting parties.

Subjects: Law.


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