Ratification

Ratification is the formal approval by a principal of an action taken by its agent. In international law, it refers to a state’s official declaration that it agrees to be legally bound by a treaty. For bilateral treaties, this usually involves exchanging the necessary documents; for multilateral ones, a depositary collects each state’s ratification and keeps all parties updated. The process gives states time to get domestic approval and pass any laws needed to implement the treaty. The concept also appears in private contract law, international treaties, and federal constitutions (e.g., in the United States and Canada), as well as in parliamentary procedure for deliberative assemblies.

In contract law, ratification is needed in two main situations: when an agent acts without authority to bind the principal, or when the principal authorizes an agent to negotiate but reserves the right to approve the final deal. For example, an employee who normally does not buy supplies might contract for them on the employer’s behalf; the employer can then either ratify or reject that contract. The second situation is common in union collective bargaining: the union authorizes negotiators to reach an agreement with management, but the agreement only becomes legally binding if the union members ratify it. If they do not, the deal is void and talks resume.

In parliamentary procedure, a deliberative assembly can ratify an action that was not validly taken at the time—for instance, a decision made without a quorum can be later ratified at a meeting with a quorum present.

For international treaties, ratification always involves filing instruments of ratification as specified in the treaty. In many democracies, the legislature authorizes the government to ratify by passing a bill through standard procedures.

In Australia, the executive power to enter treaties comes from Section 61 of the Constitution, so the government can bind the country without parliamentary approval. However, most treaties are tabled in parliament for 15 to 20 joint sitting days for review by the Joint Standing Committee on Treaties. If a treaty requires legislation, both houses must pass it before ratification.

In India, the president makes treaties using executive power, on the advice of the Council of Ministers led by the prime minister. No Indian court can question a treaty’s validity, but no treaty is enforceable by courts if it conflicts with the constitution or national law, because India follows a dualist approach to international law. Parliament can codify a treaty under Article 253 of the constitution to make it enforceable in Indian courts.

In Japan, both houses of the National Diet must generally approve a treaty for ratification. If the House of Councilors rejects a treaty approved by the House of Representatives, and a joint committee cannot agree on amendments, or if the House of Councilors fails to decide within 30 days, the House of Representatives’ vote is considered the Diet’s approval. The emperor then promulgates the treaty into law.

In the United Kingdom, treaty ratification is a royal prerogative exercised by the monarch on the government’s advice. Under the Ponsonby Rule (a convention), treaties were usually laid before Parliament for 21 days before ratification, but Parliament had no power to veto or ratify. This rule was put into statute by Part 2 of the Constitutional Reform and Governance Act 2010.

In the United States, treaty power is shared between the executive branch and the Senate. The president can negotiate a treaty, but it requires a two-thirds Senate vote for advice and consent before the president can ratify it. Once ratified, it binds all states under the Supremacy Clause. The House of Representatives does not vote on treaties, but the supermajority requirement makes it hard to build political support. If a treaty requires funding, the House can block or delay implementation by refusing to appropriate money. The president typically sends a treaty to the Senate Foreign Relations Committee with a resolution of ratification. If the committee votes in favor, the treaty goes to the full Senate for a vote. A treaty does not apply until ratified. A multilateral treaty may take effect after ratification by fewer than all signatories, but even then it does not apply to non-ratifying states.