Ratification in the context of "International law"

Play Trivia Questions online!

or

Skip to study material about Ratification in the context of "International law"

Ad spacer

⭐ Core Definition: Ratification

Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.

The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deliberative assemblies.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<
In this Dossier

Ratification in the context of Greek democracy

During the Classical era and Hellenistic era of Classical Antiquity, many Hellenic city-states had adopted democratic forms of government, in which free (non-slave), native (non-foreigner) adult male citizens of the city took a major and direct part in the management of the affairs of state, such as declaring war, voting supplies, dispatching diplomatic missions and ratifying treaties. These activities were often handled by a form of direct democracy, based on a popular assembly. Others, of judicial and official nature, were often handled by large juries, drawn from the citizen body in a process known as sortition.

By far the most well-documented and studied example is the Athenian democracy in Athens. However, there are documented examples of at least fifty-two Greek city-states including Corinth, Megara, and Syracuse that also had democratic regimes during part of their history. According to Ober (2015), the proportion of Greek city-states with democratic regimes gradually increased from the mid 6th century BC to the end of the 4th century BC, when perhaps half of the one-thousand Greek city-states in existence at the time had democratic regimes.

↑ Return to Menu

Ratification in the context of Legislator

A legislator, or lawmaker, is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people, but they can be appointed, or hereditary. Legislatures may be supra-national (for example, the European Parliament), national, such as the Japanese Diet, sub-national as in provinces, or local.

↑ Return to Menu

Ratification in the context of Treaty of Paris (1898)

The Treaty of Peace between the United States of America and the Kingdom of Spain, commonly known as the Treaty of Paris of 1898, was signed by Spain and the United States on December 10, 1898, and marked the official end of the Spanish–American War. Under it, Spain relinquished all claim of sovereignty over the West Indies archipelagos and islands of Cuba and Puerto Rico in the Caribbean, the Western Pacific island of Guam in the Marianas archipelago in Micronesia, and the Western Pacific archipelago of the Philippines in Southeast Asia to the United States. The cession of the Philippines involved a compensation of $20 million from the United States to Spain.

The treaty was preceded by the Spanish-American War armistice, a preliminary peace agreement signed on August 12, 1898 in Washington, DC. The armistice formally stopped the active hostilities between Spain and the United States, requiring Spain to cede Cuba, Puerto Rico, and Guam to the United States, and to agree to the American occupation of Manila in the Philippines. The treaty came into effect on April 11, 1899, when the documents of ratification were exchanged. It was the first treaty negotiated between the two governments since the 1819 Adams–Onís Treaty.

↑ Return to Menu

Ratification in the context of Treaty of Lausanne

The Treaty of Lausanne (French: Traité de Lausanne, Turkish: Lozan Antlaşması) is a peace treaty negotiated during the Lausanne Conference of 1922–1923 and signed in the Palais de Rumine in Lausanne, Switzerland, on 24 July 1923. The treaty officially resolved the conflict that had initially arisen between the Ottoman Empire and the Allied French Republic, British Empire, Kingdom of Italy, Empire of Japan, Kingdom of Greece, Kingdom of Serbia, and the Kingdom of Romania since the outset of World War I. The original text of the treaty is in English and French. It emerged as a second attempt at peace after the failed and unratified Treaty of Sèvres, which had sought to partition Ottoman territories. The earlier treaty, signed in 1920, was later rejected by the Turkish National Movement which actively opposed its terms. As a result of Greek defeat in the Greco-Turkish War, Turkish forces recaptured İzmir, and the Armistice of Mudanya was signed in October 1922. This armistice provided for the exchange of Greek-Turkish populations and allowed unrestricted civilian, non-military passage through the Turkish Straits.

Turkey ratified the treaty on 23 August 1923, and all other signatories did so by 16 July 1924. The Treaty of Lausanne became effective on 6 August 1924.

↑ Return to Menu

Ratification in the context of Articles of Confederation

The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies, which served as the nation's first frame of government during the American Revolution. It was debated by the Second Continental Congress at present-day Independence Hall in Philadelphia between July 1776 and November 1777, was finalized by the Congress on November 15, 1777, and came into force on March 1, 1781, after being ratified by all 13 colonial states.

A central and guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the original 13 states. The Articles consciously established a weak confederal government, affording it only those powers the former colonies recognized as belonging to the British Crown and Parliament during the colonial era. The document provided clearly written rules for how the states' league of friendship, known as the Perpetual Union, was to be organized.

↑ Return to Menu

Ratification in the context of Article Five of the United States Constitution

Article Five of the United States Constitution describes the procedure for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.

Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states, a process utilized only once thus far in American history with the 1933 ratification of the Twenty-First Amendment. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union. Article Five is silent regarding deadlines for the ratification of proposed amendments, but most amendments proposed since 1917 have included a deadline for ratification. Legal scholars generally agree that the amending process of Article Five can itself be amended by the procedures laid out in Article Five, but there is some disagreement over whether Article Five is the exclusive means of amending the Constitution.

↑ Return to Menu

Ratification in the context of Article Seven of the United States Constitution

Article Seven of the United States Constitution sets the number of state ratifications necessary for the Constitution to take effect and prescribes the method through which the states may ratify it. Under the terms of Article VII, constitutional ratification conventions were held in each of the thirteen states, with the ratification of nine states required for the Constitution to take effect. Delaware was the first state to ratify the Constitution, doing so on December 7, 1787. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, thereby placing the Constitution into effect. Rhode Island was the last of the thirteen original states to ratify the Constitution under Article VII, doing so on May 29, 1790.

↑ Return to Menu

Ratification in the context of Treaty of Lutatius

The Treaty of Lutatius was the agreement between Carthage and Rome of 241 BC (amended in 237 BC), that ended the First Punic War after 23 years of conflict. Most of the fighting during the war took place on, or in the waters around, the island of Sicily and in 241 BC a Carthaginian fleet was defeated by a Roman fleet commanded by Gaius Lutatius Catulus while attempting to lift the blockade of its last, beleaguered, strongholds there. Accepting defeat, the Carthaginian Senate ordered their army commander on Sicily, Hamilcar Barca, to negotiate a peace treaty with the Romans, on whatever terms he could negotiate. A draft treaty was rapidly agreed upon, but when it was referred to Rome for ratification it was rejected.

Rome then sent a ten-man commission to settle the matter. This in turn agreed that Carthage would hand over what it still held of Sicily; relinquish several groups of islands nearby; release all Roman prisoners without ransom, although ransom would need to be paid to secure the release of prisoners held by the Romans; and pay an indemnity of 3,200 talents of silver – 82,000 kilograms (81 long tons) – over 10 years. The treaty received its name from the victorious Gaius Lutatius Catulus, who also negotiated the initial draft.

↑ Return to Menu