International assistance

The role of international or external support for national processes of constitution building has an instrumental impact on the design of these processes and the institutional choices that ultimately are framed in constitutions.

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The new Constitution Builders CONNECT Resource – is an interactive training tool that reinforces sharing experiences as a means to building the capacity of practitioners to solve some of the dilemmas that they face in constitution building.

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Handbook

The Handbook reviews and discusses some of the institutional and procedural design choices that practitioners have recently considered during contemporary constitution building.

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Issue papers

Selected issues are considered at length based on emerging and ongoing dialogues among practitioners and specialists.

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Multimedia

A collection of multimedia resources from and about constitution-building processes.

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Web links

The web links provide a comprehensive list of relevant organizations and partners working in constitution building and related subjects.

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§ Note: this is background material. The final handbook is available online in PDF format.
The legislative involvement in the process of ratifying and implementing international treaties provides an invaluable opportunity for the legislature to influence foreign policy and to safeguard its role in domestic law-making. Some legislatures do not have the power to participate in the process of treaty-making but many more are involved to varying degrees.
Legislature Concludes Treaties
Though most constitutions designate treaty powers to the executive, others empower the legislature to conclude treaties. Sometimes the legislature holds the power to conclude treaties on only the most important matters. More information

Provisions

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />The Constitution of the Republic of Hungary (1949, as Amended to 2007)Article 19(3) Within this sphere of authority, the Parliament shall:f) conclude international treaties of outstanding importance to the foreign relations of the Republic of Hungary;Article 30/A(1) The President of the Republic shall:b) conclude international treaties in the name of the Republic of Hungary; if the subject of the treaty falls within the competence of Parliament, prior ratification by Parliament is necessary for conclusion of such treaties;

Constitution of the Republic of Bulgaria (1991, as Amended to 2003)Article 85(1) The National Assembly ratifies and denounces by law international treaties that:1. Have a political or military character;2. Concern the participation of the Republic of Bulgaria in international organizations;3. Provide for correction to the borders of the Republic of Bulgaria;4. Contain financial obligations of the state;5. Provide for the participation of the state in an arbitration or court settlement of international disputes;6. Concern fundamental human rights;7. Concern the effect of a law or require measures of legislative character for their implementation;8. Specifically require ratification.(2) Treaties ratified by the National Assembly may be amended or denounced only according to a procedure specified in the treaties themselves or in accordance with the universally recognized norms of international law.(3) The signing of international treaties that require constitutional amendments must be preceded by the adoption of those amendments.Article 98The President of the Republic:3. Concludes international treaties in cases determined by law;Article 106The Council of Ministers leads the implementation of the state budget; organizes the management of state property; concludes, approves, and denounces international treaties in cases provided by law.

Legislative Approval Required
Under most constitutional arrangements, the legislature's approval is a necessary element in the process of incorporating a treaty into domestic law. In some countries, the legislature authorizes the executive to ratify a treaty. Under other constitutions, it approves the treaty. In both cases, legislative involvement is required in order to incorporate the treaty into domestic law. More information

Provisions

The Constitution of the Federative Republic of Brazil (1988, as Amended to April 2008)Art. 49. The National Congress shall have exclusive powers:I—to decide definitively on international treaties, agreements or acts that result in charges or commitments encumbering the national patrimony;

The Constitution of the Republic of the Philippines (1986)ARTICLE VII Executive DepartmentSec. 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.

Legislative Approval Sometimes Required
Some constitutions require legislative approval only for certain kinds of treaties or for treaties that touch major issues outlined in the constitution. For example, some constitutions specifically require legislative approval for treaties that entail the amendment of laws or the creation of financial commitments or security obligations. Other constitutions require legislative approval depending on the type of agreement at issue. For example, in some countries, a treaty requires approval by the legislature, while a lower level of agreement, such as an executive agreement, does not. More information

Provisions

The Constitution of the Republic of Korea (1948, as Amended to 1987)Article 60(1) The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters.Article 73The President shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; and declare war and conclude peace.

Constitution of Niger (1999)Article 129The President of the Republic negotiates and ratifies treaties and international agreements.Article 130Defense and peace treaties and agreements relating to international organizations, those which modify the internal laws of the State and those which commit the finances of the State may only be ratified by virtue of a law.The Republic of South Africa, (1996, as Amended to 2007)Article 231 International agreements(1) The negotiating and signing of all international agreements is the responsibility of the national executive.(2) An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is an agreement referred to in subsection (3).(3) An international agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, entered into by the national executive, binds the Republic without approval by the National Assembly and the National Council of Provinces, but must be tabled in the Assembly and the Council within a reasonable time.

No Approval
Some legislatures lack the power to approve the international agreements. More information

Provisions

The Constitution of the Republic of Zambia (1991, as Amended to 1996)Article 44Functions of President(2) Without prejudice to the generality of clause (1), the President may preside over meetings of the Cabinet and shall have the power, subject to this Constitution to—(d) negotiate and sign international agreements and to delegate the power to do so;
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