| |
The formal act whereby a state consents to be bound by a treaty which it has already signed. Some treaties, in accordance with their terms, become operative as from signature – in which case the signature is referred to as ‘definitive’; but others require ratification for them to become binding on a signatory. Some states use the terms ‘acceptance’ or ‘approval’ to express their ratification of a treaty, and international organizations expressing their consent to be bound by a treaty tend to describe this consent as an ‘act of formal confirmation’.
The practice of ratification was institutionalized at a time when poor communications made it difficult if not impossible for there to be any certainty that negotiators had not exceeded their instructions, or that their masters had not changed their minds altogether since despatching them. It is a procedure still valued for the opportunity for second thoughts which it provides and the greater authority which it lends to treaties. Furthermore, the constitutions of some states require that treaties, or certain kinds of treaties, must have the approval of a body such as parliament, in which case it is clearly necessary – from a domestic point of view – that the treaties signed by these states should be subject to ratification. One well-known instance of this is the need for treaties to which the United States becomes party to have received the approval of its Senate. By contrast, there is no equivalent requirement in Britain, although it is customary to seek specific parliamentary approval for very important treaties. Another reason for the requirement of ratification is that all states will in respect of some treaties need to pass domestic legislation for the treaties to take effect.
As to the form ratification takes, usually it is an act of the head of state, but in some cases it may be an act of the government or of the foreign minister. For the ratification to be effective in establishing the state\'s consent to be bound, it must then be directly passed to the other signatories or lodged with the depositary nominated by the treaty. It must be remembered that ratification does not necessarily result in the treaty\'s immediate entry into force. See also executive agreement; Ponsonby Rule. |
|
