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一、缔约能力与缔约权关于条约的缔结,有两个概念应加以区别,即缔约能力和缔约权。缔约能力是国家和其他国际法主体根据国际法所享有的缔结条约的能力,而缔约权则是指国家和其他国际法主体内部某个机关或个人代表国家行使缔结条约的权限。前者由国际法决定,而后者主要由国家或其他国际法主体的内部法律决定。《维也纳条约法公约》第6条规定,每个国家都有缔约能力。国家的缔约能力是国家主权的体现。由于主权不可分割,国家的缔约
First, the contracting capacity and contracting power on the conclusion of the treaty, there are two concepts that should be distinguished, namely contracting capacity and contracting power. Contracting power is the ability of the State and other subjects of international law to conclude treaties under international law. Contracting power refers to the authority of a State or other organ or individual within the main body of international law to exercise the treaty on behalf of the State. The former are governed by international law, while the latter are mainly governed by the internal laws of the State or other subjects of international law. Article 6 of the Vienna Convention on the Law of Treaties provides that each country has the ability to make a treaty. The contracting power of the state is the embodiment of national sovereignty. Due to the indivisibility of sovereignty, the state’s contract