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Ratification is what? Ratification of international treaties

Everyone who is somehow interested in the foreign affairs and internal affairs of their homeland, has heard the foreign word “ratification”. This is a term hinting, by and large, on some kind of dependence sovereign state from a hypothetical “world community”. This is a serious matter. But what is its essence, few can really tell. And the confusion in concepts, as they explain at school, leads to a complete loss of orientation in the subject. Let's close the gaps, see what the ratification of international treaties comes down to, what it promises to states and their citizens.

ratification is

Let's start with the dictionary

There seems to be no need to reinvent the wheel. Ratification is one of the concepts of legal science. They are strictly defined. Smart men have long taken it apart "on the bones", revealed all the subtleties and nuances. Naturally, these materials are not closed to the general public. Learn how much you want. According to the dictionary, ratification is a way for a state to accept the terms of a treaty. That is, certain actions stipulated by the Basic Law by which a certain body of a given country confirms its agreement with what is written in the original agreement.

It must be stated right away that the following rule has been adopted in world practice: ratification of international treaties is carried out by the highest authority. In democratic countries, by parliament or the head of state. We came up with such a procedure in the last century. It is believed that he is able to attract the masses to government, thereby avoiding the attempts of "undemocratic usurpers" to make such important decisions alone. It turns out that ratification is the consent of peoples to the participation of their country in certain international affairs.

From the history of the issue

Now let's digress from the decoding of the term and go back to the last century. We are interested in the Vienna Convention. This is the name of the agreement concluded between the countries, which refers to ratification. The Vienna Convention dates back to 1969 and 1986. It is generally accepted that these are the dates when the powers made a joint decision regarding the procedure for accepting the content of international covenants. Lawyers, in any case, are repelled by her. According to the Vienna Convention, ratification in international law is the publication of a special document by the state.

ratification of international treaties

Its essence is whether or not a country accepts the terms of a very specific international agreement. The latter, as a rule, touch upon the most important issues of the development of states on a mutually beneficial basis, their stability and security. But the contracts may not comply with certain provisions of the legislation of each particular participant. Consequently, the State party needs to determine how it will implement the clauses of the agreement. In some cases, it is required to refine their own laws, bring them into line, so to speak. It takes time. It is clear that the ratification of international treaties is not a long process. To make it more clear, it should be pointed out that some agreements have been “under the cloth” for years.

Depository

The reader may have a completely legitimate question: "And where is the signed text itself?" There are many countries. Today, we can observe with our own eyes that not all of them are stable. Some generally turn into a territory of chaos. What is the case with the documents? In international law, there is such a thing as a “depository”. It means a state that preserves the original contract, working with it.As a rule, such a “responsible person” is indicated in the text of the pact. He is approached by those countries that wish to join the treaty, express a special opinion or make a proposal. By the way, one country is not necessarily the depository. So, the Treaty prohibiting nuclear tests in the air, under water and in space from 1063 is stored in the United States and Great Britain. The United Nations acts as the depositary of other international agreements.

ratification of a treaty is

What are the rights and obligations of the depository?

Now again we return to the meaning of ratification. The fact is that there can be many parties to an international treaty, even the whole world. And everyone should have information about the document and changes in it. It will be impossible to work differently. The responsibilities of the “responsible” are to preserve the original text and related papers, translate them into other languages, provide the parties with copies and information. The depository is also engaged in notification of changes in the state of office work at the current moment. That is, the parties to the contract are informed about who joined, made comments, and so on. The work is ongoing. The depository takes it into account, like a real bureaucrat, and informs everyone. He is also responsible for registering the pact with the UN secretariat. Ask, what does ratification have to do with it? So the depositary records any steps of the countries in relation to the agreement. The procedure has passed - please, notify the person responsible.

ratification of international treaties is

The nuances of working with the contract

Now let's talk about how the signatory countries work with each other. The fact is that ratification of the treaty is almost the last step. It is preceded by negotiations and discussions, analysis and expertise. Then the conditions are put forward to other parties. Waiting for replies. Following again are meetings, analysis of the situation, searches and prioritization, attempts to maintain balance and so on. The work is carried out intensively, constantly. It involves a lot of specialists, experts. The country has the right to make a reservation. This happens in cases where the conditions do not suit her or seem inconsistent with her interests. The reservation is made out by the corresponding document with which all parties are obliged to familiarize. They are required to comment on this issue. Again, each side conducts an analysis, looks at the prospects.

ratification is the approval of an international treaty

Reservation Results

See what the problem is. By definition, ratification is a statement of an international treaty. Suppose one country accepted its position, and the second did not agree. She puts forward her opinion, that is, refuses to fulfill some (if not all) of the provisions of the signed agreement. So why would the first stick to it? It’s unfair! This is if you argue at the philistine level. Another thing is international politics. There are two options. The party that ratifies the contract may say that its adherence to the document remains valid. That is, she will comply with all its provisions unilaterally. Or, the clause on which the reservation is received is deleted from the pact. The decision depends on how the interests of the state are understood in this particular case, what is beneficial to it, corresponds to its values.

this is the ratification of international law

Priority of law

When talking about the sovereignty of the state, you should remember about the rules common to the planet. Without them, it is impossible to build, for example, security. Each sovereign country will "pull a blanket over itself." So close to the war. In order to avoid such confusion in international law, they agreed in a special way. States relate their laws to international ones. Entering the UN, they carry out a certain procedure. This is the ratification of international law. That is, the country recognizes that it obeys general laws and is ready to build relations with its neighbors on the planet based on them. Naturally, there are some nuances and pitfalls here. One does not like, for example, the ban on the creation of their own nuclear weapons.They object and try to bypass this agreement. Others oppose industrial production that affects the atmosphere. Each country has its own priorities. They have an endless conversation with other states on exciting issues.

Instrument of ratification

This is the name of a special document published in accordance with the legislation of the country. It certifies that the State has ratified the treaty. By the way, the international community decided that the letter is not obligatory. In some cases, it is enough to exchange notes. Although each state itself determines how it communicates with partners under the contract. As an example, consider the ratification process in the Russian Federation. There is a special federal law that determines the procedure for conducting the procedure. Its name is “On International Treaties of the Russian Federation”. ratification in international law isAccording to the law, an instrument of ratification is valid when signed by the president, sealed with his seal. In addition, it requires the signature of the Minister of Foreign Affairs. Such a document is transferred to the partner or deposited. There is a reservation in the law. The fact is that the procedure for notification of acceptance of the terms of the contract can be specifically prescribed in its text. He is a priority. That is, in this case, the provisions of the specified Federal Law do not work.

Why ratification?

This can be explained in just a few words. Contracts bring to the state both rights and obligations. They must be performed. The process involves government agencies and private entities. And they mostly work in the legal field of this country. Ratification of an international treaty is a process of supplementing the legislation with the duties and rights concluded in the treaty. After it is held, everyone who acts in the legal field of the state is obliged to join the work, cannot refuse or circumvent the provisions of the agreement. This is such a complex system. However, it is necessary to avoid conflict and confusion. Although they are also not uncommon, despite the efforts of lawyers and specialists in international law.


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