International Agreement Structures

43 The text of the Convention and its role in international arbitration proceedings are the subject of an in-depth examination in www.newyorkconvention.org. 105 See Comprehensive and Progressive Agreement for Trans-Pacific Partnership, Article 1 (« Investment Agreement ») 9.19 (entered into force on 30 December 2018) [hereinafter CPTPP]. The term « notification » refers to a formality by which a State or an international organization communicates certain facts or events of legal importance. Notification is increasingly used to express final agreement. Instead of opting for the exchange of documents or deposit, States may decide to communicate their consent to the other party or to the depositary. However, all other acts and instruments relating to the duration of a contract may also require notifications. In order to enable the Community to adapt to the radical changes in the structures of the world economy and to take account of the extensive responsibilities entrusted to the World Trade Organisation, Article 133 of the EC Treaty has been amended to enable the Council to extend unanimously the scope of the common commercial policy to international negotiations and agreements on services and intellectual property. The idea of the European Union joining the ECHR has often been raised. However, in an opinion of 28 March 1996, the Court of Justice of the European Union stated that the European Communities could not accede to the Convention, since the EC Treaty does not have powers to establish rules or conclude international agreements in the field of human rights. After the conclusion of a contract, written documents containing formal proof of consent to the undertaking as well as reservations and declarations shall be placed in the custody of a depositary. Except as otherwise provided in the Treaty, the deposit of instruments of ratification, acceptance, approval or accession shall justify the consent of a State to be bound by the Treaty. For contracts concluded with a small number of parties, the depositary is usually the Government of the State in whose territory the contract was signed.

Sometimes different States are chosen as custodians. Multilateral treaties generally designate an international organization or the Secretary-General of the United Nations as depositaries. The depositary must accept all notifications and documents relating to the contract, verify that all formalities are completed, file them, register the contract and notify the parties concerned of all relevant acts. (b) agreement as a special term: « agreements » are generally less formal and deal with a narrower area of subjects than « treaties ». There is a general tendency to apply the concept of « agreement » to bilateral or restricted multilateral agreements. . . .