RATIFICATION OF TREATIES ACT

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 1983.

This Act may be cited as the Ratification of Treaties Act.

In this Act, unless the context otherwise requires -

"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.

(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 TREATIES

foreign affairs together with a motion giving an opportunity to the

House to express itself on such act.

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.

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.