Chapter 304
In short
This law sets out the rules for how certain international agreements, called treaties, become legally binding for Malta. It ensures that important treaties affecting Malta's status, security, or international relationships are properly approved.
What it regulates
- The process for Malta to ratify or approve specific types of international treaties.
- When a treaty, or parts of it, can become part of Malta's domestic law.
- The requirement for the Minister responsible for foreign affairs to inform the House of Representatives about certain foreign acts or when Malta stops being a party to certain treaties.
Who it concerns
- The Government of Malta, particularly the Minister responsible for foreign affairs.
- The House of Representatives.
Key points
- Treaties affecting Malta's international status, security, sovereignty, independence, unity, territorial integrity, or relationship with multinational organizations must be ratified or approved according to this Act.
- If a treaty concerns Malta's status or security, or if its provisions are to become part of Maltese law, it requires an Act of Parliament for ratification.
- In other cases, ratification requires a Resolution of the House of Representatives.
- No part of a treaty can become enforceable as Maltese law unless by or under an Act of Parliament.
- The House of Representatives must be informed if Malta ceases to be a party to certain treaties, with reasons provided no later than the second sitting after one month from the denunciation.
Legal text
Legal text
RATIFICATION OF TREATIES CHAPTER 304 RATIFICATION OF TREATIES ACT To provide for the ratification of certain treaties. (9th March, 1983)* Enacted by ACT V of
- l.
- This Act may be cited as the Ratification of Treaties Act. In this Act, unless the context otherwise requires - Short title Interpretation. "treaty" means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation; and any reference to the ratification of a treaty shall include a reference to accession to such treaty and to any other act or manner in which such treaty may be brought into force. 3.
(1)Where a treaty to which Malta becomes party after the coming into force of this Act is one which affects or concerns (
- a)the status of Malta under international law or the maintenance or support of such status, or (
- b)the security of Malta, its sovereignty, independence, unity or territorial integrity, or (
- c)the relationship of Malta with any multinational organization, agency, association or similar body, such treaty shall not enter into force with respect to Malta unless it has been ratified or its ratification has been authorised or approved in accordance with the provisions of this Act.
(2)A treaty to which subarticle
(1)applies shall be ratified or shall have its ratification authorised or approved as follows: (a) where such treaty concerns a matter referred to in subarticle
(1)(
- a)or (
- b)or contains any provision which is to become, or to be enforceable as, part of the law of Malta, by Act of Parliament; (
- b)in any other case, by Resolution of the House of Representatives.
(3)No provision of a treaty shall become, or be enforceable as, part of the law of Malta except by or under an Act of Parliament.
(4)The instrument of ratification shall be issued under the signature of the Minister responsible for foreign affairs.
(5)Any act of a foreign State relating to any of the matters mentioned in subarticle
(1)(
- a)or (
- b)shall be laid on the Table of the House as soon as practicable by the Minister responsible for *See Government Notice No. 128 of 9th March, 1983. Ratification of certain treaties by House of Representatives. RATIFICATION OF TREATIES foreign affairs together with a motion giving an opportunity to the House to express itself on such act. House to be informed of denunciation of certain treaties. Other treaties. 4. Where Malta ceases, or does any act whereby it will cease, to be a party to a treaty affecting or concerning any of the matters mentioned in article 3
(1)(a), (b) or (c), the Minister responsible for foreign affairs shall inform the House of the fact, giving the reasons therefor, at the earliest opportunity and in no case later than the second sitting of the House after the expiration of one month from the date of the denunciation or other act whereby Malta ceases or will cease to be a party to a treaty as aforesaid. 5. Nothing in this Act shall be construed as in any way affecting the powers of the Government with respect to treaties to which article 3
(1)does not apply.