As noted in the Primer on Negotiating and Ratifying MEAs (at the beginning of Chapter I of this Manual), every State has its own rules and procedures governing how it becomes a Party to an MEA. To the extent that their constitutions and national laws permit, States may consider the following actions related to ratification:
- Identify or develop clear procedures for becoming a Party to an MEA.
- In establishing these procedures, the scope of treaties should be defined broadly enough to include all MEAs of likely significance to the State.
- Provide a role for Parliament in deciding whether the State should become a Party to an MEA. Engaging Parliament in this phase can build parliamentary “ownership” of the MEA and facilitate the development of the necessary laws, institutions, and financing to implement and enforce the MEA.
- Such a role could range from providing for Parliamentary discussion and debate of the MEA to requiring Parliamentary approval.
- The parliamentary discussion and debates may be made available by radio or television broadcast, or otherwise publicly disseminated.
- To the extent that the State may wish to withdraw from an MEA, Parliament may be granted the same role in discussing and debating (and perhaps being required to approve) the decision.
- Ensure that the rules governing becoming a Party to an MEA require the political focal point or other relevant governmental body to communicate the State’s acceptance to the Depository and the MEA Secretariat within a specific timeframe.
- Developing legislation to implement the MEA simultaneously or in advance of becoming a Party.
- Guarantee that once the State has signed an MEA (but has not yet ratified the MEA) that it refrain from any activities that would undermine or be counter to the MEA.
- Provide courts with the power to take judicial notice of MEAs that have been signed by the State.
This Checklist builds upon a similar checklist in the 1999 CARICOM Guidelines for MEA Implementation.
* For a summary of the differences between ratification, accession, approval, adoption, and signature, see the “Primer on Negotiating and Ratifying MEAs,” at the beginning of Chapter I.