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
[ CAP. 304.
RATIFICATION OF TREATIES
1
CHAPTER 304
RATIFICATION OF TREATIES ACT
To provide for the ratification of certain treaties.
(9th March, 1983)*
Enacted by ACT V of 1983.
l.
2.
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.
2
CAP. 304.]
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.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.