RATIFICATION AND ACCESSION TO TREATIES UNDER 21ST AMENDMENT TO THE SRI LANKAN CONSTITUTION

Abstract

It is an important issue to consider under the proposed 21st Amendment to the Constitution
whether the President should sign, ratify or accede to treaties in consultation with the Prime
Minister. In this article, it is proposed to provide an analysis of this important issue by reference
to current constitutional law and practices of Commonwealth countries. Before I deal with this issue, it is useful to outline the importance of treaties as outlined in the
following references: (Richard Ware, “Parliament and Treaties” in Parliament and International
Relations, (1991), pp.37-48; Lord McNair, Law of Treaties, (1961), pp.83-94; Sir Kenneth Keith,
‘New Zealand Treaty Practice: The Executive and the Legislature’ (1964), 1 N.Z.L.R.,
pp.277-281. J.E.S. Fawcett, The British Commonwealth in international law, (1963), at p.65;
Anthony Aust – Modern Treaty Law and Practice, OUP UK 2006; F.A. Mann – Foreign Affairs
in English Courts, OUP, UK 1986).