Democratizing foreign policy: Parliamentary oversight of treaty ratification in Pakistan

Ghouri, Ahmad (2019) Democratizing foreign policy: Parliamentary oversight of treaty ratification in Pakistan. Statute Law Review. ISSN 0144-3593

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Abstract

Treaties are agreements between States negotiated by government executives. They are primarily meant to govern the relationship between States, but may have implications for the economic, political, and fundamental rights of citizens. As treaties create binding legal obligations for States enforceable under international law, this article primarily argues that Parliamentary oversight of treaties is necessary for their democratic legitimacy. It analyses the Ratification of Foreign Agreements by Parliament Bill (the ‘Bill’) which is currently being debated in the Senate of Pakistan. Offering critical overview of the existing treaty making procedures in Pakistan, the article evaluates several aspects of the Bill including its definition of foreign agreements and the proposed treaty ratification procedures in comparison with international law of treaties and relevant laws of the UK, Australia, and Kenya. Based on the comparative examination of the Bill, the article makes proposals for changes in the Bill's substantive provisions and make further suggestions for improvement, such as guiding principles on treaty negotiations and procedure for treaty withdrawals. The article concludes by giving a comprehensive package of practical recommendations for further development of the Bill's provisions on treaty ratification in accordance with international best practices.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws
Depositing User: Ahmad Ghouri
Date Deposited: 02 Jul 2020 07:13
Last Modified: 02 Jul 2020 12:45
URI: http://sro.sussex.ac.uk/id/eprint/88285

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