The word' ratification' literally means ' subsequently acceptable'. In other words , when an act is accepted later/ subsequently it is called ' ratification'. Ratification means approval of the signatures of representatives, who signed the treaty by the head of the state of Government. It is an act of adopting international treaty by the parties thereto. It implies confirmation of the traeaty by the representatives of the state parties to the treaty.
Article 2 of the Vienna Convention on the law of treaty 1969 says, ratification is the international act whereby a state establishes on the international plane its consent to be bound by a treaty'. It generally agreed that ratification becomes effective from the day it is made. It has no retroactive effect. Some jurists are of the view that without rsatification a treaty has no value in law. There are various reasons for ratification of treatry that we may studied in below points. They are as follows-
1. Through the process of ratification, the states get an opportunity to consider in detail the treaties, which have be signed by their representatives.
2. on the basis of principle of sovereignty each state is entitled to keep itself away from the treaty or repudiate it if it so desires.
3. Sometimes the provisions of treaties require some change in the state law , hence the time between the signatures and ratification is utilized for bringing about changes in the state law .
4. Latly, on the basis of democratic principles the government of states get opportunity to respect public opinion in respect of treaties or to get the consent of the Parliament.
Leave a Reply