The Congress approves or disapproves public treaties and other conventions, which may not be ratified or exchanged without this approbation. Art. 53 (15). Treaties and conventions will be considered by the Congress in joint session in a single discussion. Art. 71.

The Constitution is the supreme law of the Republic. Therefore, any laws * * pacts or treaties which are in any way contradictory to it or which depart from its text have no validity. Art. 189.

*

Egypt, Constitution of, April 30, 1923 (Peaslee, I, 721-736) Art. 46. The King concludes treaties Treaties of peace, of alliance. of commerce, of navigation, as well as those which involve either a modification of the territory of the State, or a diminution of its sovereign rights, or expenditure of state funds, or which are prejudicial to the public or private rights of Egyptian citizens, will not be valid except after having received the consent of Parliament. El Salvador, Constitution of, August 13, 1886, as amended (Peaslee, I, 740–764) The Executive concludes treaties and submits them to the ratification of the National Assembly, Art. 91 (7).

It is the duty of the National Assembly to ratify, amend, or reject treaties or conventions entered into by the Executive with other nations; but no treaty or convention which in any way restricts or affects the exercise of the right of insurrection, or violates any constitutional provision, shall ever be ratified. 68 (29).

Finland, Constitution of, July 17, 1919 (Peaslee, I, 777-807)

Art.

Art. 33. The President shall determine the relations of Finland with foreign powers, provided that every treaty with a foreign power must be ratified by the Diet insofar as it contains stipulations falling within the domain of legislation, or if the Constitution requires such ratification for other reasons.

France, Constitution of, September 28, 1946 (Peaslee, II, 8–24)

The President of the Republic shall sign and ratify all treaties. Art. 31. Art. 26. Diplomatic treaties duly ratified and published shall have the force of law even when they are contrary to internal French legislation: they shall require for their application no legislative acts other than those necessary to ensure their ratification.

Art. 27. Treaties relative to international organization, peace treaties, com mercial treaties, treaties that involve national finances, treaties relative to the personal status and property rights of French citizens abroad, those that modify French internal legislation as well as those that involve the cession, exchange, or addition of territories, shall not become final until they have been ratified by an act of the legislature.

Great Britain and the British Commonwealth. See quotation in the text, from A. D. McNair, The Law of Treaties

According to British constitution law, the conclusion and ratification of treaties are within the prerogative of the Crown. Such treaties as affect private rights and, generally, as require for their enforcement a modification of the common law or of a statute must receive parliamentary assent through an enabling Act of Parliament. Oppenheim's International Law, 7th ed. by Lauter pacht, Vol. I (1949), p. 38.

Within the British Empire there is a well-established rule that the making of a treaty is an executive act, while the performance of its obligations, if they entail alteration of an existing domestic law, requires legislative action U kë some other countries, the stipulations of a treaty duly ratifid do not within the Empire, by virtue of the treaty alone, have the force of law. If the natena executive, the government of the day, decide to incur the obligations of a treaty which involve alteration of law, they have to run the risk of obtaining the assent of Parliament to the necessary statute or statutes. To make themselves as sent,te as possible, they will often in such cases before final ratification seek to obtuf from Parliament an expression of approval. But it has never been suggested and it is not the law, that such an expression of approval operates as law, or 'hat it in law precludes the assenting Parliament or any subsequent Parliament fr refusing to give it sanction to any legislative proposals that may subseqner:'v be brought before it. Lord Atkin, speaking for the Judicial Committee of the Privr Council in Attorney-General of Canada v. Attorney-General of Ontario and O terc (1937), A. C. 326, quoted by Robert B. Stewart in Treaty Relations of the Bestan Comonicealth of Nations, New York, Macmillan Co., 1939, p. 241. Dr. Stewart s

work contains an excellent treatment of this and other phases of treaty-making by members of the British Commonwealth. See especially Chap. IX entitled "Present-day Treaty-making Procedure." The practice of the Labor Government to lay treaties before Parliament prior to ratification is covered, loc. cit., p. 235, n. Greece, Constitution of, June 1-14, 1911 (Peaslee, II, 51-66)

Art. 32. The King concludes treaties. Nevertheless, treaties of commerce and any others granting concessions concerning which, according to other provisions of the present Constitution, nothing can be determined without a law, or which lay a burden upon Greeks personally, are not valid without the consent of the House of Representatives.

Guatemala, Constitution of, March 11, 1945 (Peaslee, II, 71-108)

The President concludes treaties subject to the approval of Congress before ratification. The favorable vote of two-thirds of the whole number of deputies forming the Congress is required for approval. No treaty, convention, pact, or agreement may be approved that affects the integrity, sovereignty, or independence of the Republic, or which is contrary to the Constitution. Art. 119 (9), Art. 137 (6).

Haiti, Constitution of, November 22, 1946 (Peaslee, II, 112-113)

Art. 84. The President makes all treaties or international conventions, subject to the sanction of the National Assembly, to which he likewise must submit all executive agreements for ratification.

Honduras, Constitution of March 28, 1936 (Peaslee, II, 135-158)

The Executive Power concludes treaties, submitting them to the ratification of Congress at its next session. Art. 101 (25) Art. 121 (18).

Hungary, Constitution of January 31, 1946 (Peaslee, II, 162–167)

Art. 11 (1). The President of the Republic shall, through the government, conclude agreements with foreign powers; should, however, the subject of a certain agreement affect the competence of legislation, the agreement cannot be concluded until after having been duly approved by the National Assembly. Iceland, Constitution of July 17, 1944 (Peaslee, II, 171–188)

Art. 21. The President concludes treaties with other states. Except with the consent of the Althing, he may not make such agreements if they entail renouncement of or servitudes on territory or territorial waters, or if they imply constitutional changes.

Iran, Constitution of December 30, 1906, and Constitutional Law of October 8, 1907 (Peaslee, II, 200-213)

The conclusion of treaties and agreements and the concession of commercial, industrial, agricultural or other monopolies must be authorized by the National Assembly. Treaties which it may be in the interest of the government or nation to keep secret are excepted. Upon the removal of the necessity of secrecy such treaties must be communicated to the National Assembly and the Senate, with necessary explanations, provided that the interests and security of the country demands it. Art. 24 (Constitution) and 52 (Constitutional Law).

Iraq, Constitution of March 21, 1925 (Peaslee, II, 218-234)

Art. 26 (4). The King concludes treaties, provided that he shall not ratify them without the approval of Parliament.

Ireland, Constitution of December 29, 1937 (Peaslee, II, 239–287)

Art. 29 (4) 1. The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government.

2. For the purpose of exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international cooperation in matters of common concern.

(5) 1. Every international agreement to which the State becomes a party shall be laid before the Dail Eireann.

2. The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dail Eireann.

3. This section shall not apply to agreements or conventions of a technical and administrative character.

(6) No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas (National Parliament).

Italian Republic, Constitution of, December 22, 1947 (Peaslee, II, 279–302;

The President of the Republic ratifies international treaties, with previous authorization from the Chambers when necessary.

The Chambers authorize by law the ratification of those international treaties which are of a political nature, which involve arbitration or judicial regulations, or which entail changes in the national territory, financial burdens, or modifications of laws. Arts. 80 and 87.

Japan, Constitution of, November 3, 1946 (Peaslee, II, 307–318)

Art. 73 (3). The Cabinet shall conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.

Art. 98. This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.

The treaties concluded by Japan and established laws of nations shall be faithfully observed.

Korea, Republic of, Constitution of, July 12, 1948 (Peaslee, II, 338–348)

The President shall conclude and ratify treaties. The National Assembly shall have the right to consent to treaties concerning international organizations, peace treaties, treaties pertaining to mutual aid, commercial treaties, treaties financially incumbent on the state or people, treaties relating to legislative affairs. Arts. 42 and 59.

The following matters shall be referred to the State Council for discussion: (2) proposed treaties. Art. 72 (2).

Lebanon, Constitution of, May 23, 1926 (Peaslee, II, 352–360)

Art. 52. The President of the Republic negotiates and ratifies treaties.

Treaties which involve the finances of the State, commercial treaties, and in general treaties which cannot be denounced at the expiration of each year are not final until they have been approved by the Chamber of Deputies. (A single legislative assembly.)

Liberia, Constitution of, July 26, 1847 (Peaslee, II, 364–372)

The President shall have the power to make treaties, provided the Senate concurs therein by a vote of two-thirds of the Senators present. Art. III. Luxembourg, Constitution of, October 17, 1868 (Peaslee, II, 398-410)

Art. 37. The Grand Duke makes treaties. No treaty shall be valid before it has received the assent of the Chamber. Secret treaties are abolished.

Mexico, Constitution of, January 31, 1917 (Peaslee, II, 415–461)

The President makes treaties with foreign powers, submitting them for ratification to Congress. Art. 89 (X).

The Senate shall have the exclusive power to approve the treaties and diplo matic conventions concluded by the Executive with foreign powers. Art. 76 (1). The Federal Courts shall have jurisdiction of all controversies of a civil or criminal nature arising out of the application and enforcement of the Federal laws or out of treaties concluded with foreign powers. Art. 104 (D).

This Constitution, the laws of Congress arising thereunder, and all treaties in accordance therewith already entered into or which in the future may be entered into by the President of the Republic, with the approval of the Senate. shall be the supreme law of the land, and the judges in every State shil b bound by this Constitution and by those laws and treaties, in spite of coulli ting provisions in the constitution or laws of any State. Art. 133.

The Netherlands, Constitution of, August 24, 1815, reissued January 22, 197 (Peaslee, II, 513-542)

Art. 60. The King shall conclude and ratify all treaties with foreign powers, Unless the King shall have reserved to himself by law the right to rat fy treaty, that treaty shall not be ratified until it shall have received the approval

of the States General. Adherence to/and denunciation of/treaties shall be done by the King solely by virtue of law.

New Zealand (Peaslee, II, 543-632). See Great Britain and the British Commonwealth

Nicaragua, Constitution of, January 21, 1948 (Peaslee, II, 636-671)

The President is competent to enter into treaties and other diplomatic agreements and to ratify them, upon approval of the legislative powers. Art. 182 (7), Art. 133 (7).

Art. 285. The Constitution is supreme law of the Republic. No laws, decrees, regulations, orders, dispositions, pacts, or treaties which are in conflict with it or which in any way alter its provisions have any validity.

Norway, Constitution of, May 17, 1814, with amendments (Peaslee, II, 675–688) Art. 26. The King shall have the right *** to make and denounce treaties ***. Treaties bearing on matters of special importance, and, in any case, such treaties as, according to the Constitution, necessitate a new law or a decision on the part of the Storthing in order to be carried into effect, shall not be binding until the Storthing has given its consent thereto.

Panama, Constitution of, March 1, 1946 (Peaslee, II, 702–741)

It shall be the duty of the President to make public treaties and conventions, which shall be submittted for the consideration of the National Assembly. The National Assembly has the function to approve or disapprove the public treaties that the executive makes. Art. 118 (5), Art. 144 (8).

Paraguay, Constitution of, July 10, 1940 (Peaslee, II. 745–761)

Art. 51 (11). The President negotiates and signs treaties, being obliged to submit them to the Council of State and the Chamber of Representatives for their approval. Arts. 63 (2), 76 (8).

Peru, Constitution of, April 9, 1933 (Peaslee, II, 765-788)

The President concludes, with the approval of the Council of Ministers, treaties and conventions and submits them to the cognizance of Congress for its approval or disapproval. Art. 123 (21), Art. 154 (20).

The Philippines, Constitution of, February 8, 1935, as amended (Peaslee, II, 793– 810)

The President shall have the power, with the concurrence of two-thirds of all members of the Senate, to make treaties. Art. VII, Sec. 10, par. 7.

The Supreme Court shall have appellate jurisdiction in all cases in which the constitutionality or validity of any treaty, law, ordinance, or executive order or regulation, is in question. Art. VIII, Sec. 2, par. 1.

All cases involving the constitutionality of a treaty or law shall be heard and decided by the Supreme Court in banc, and no treaty or law may be declared unconstitutional without the concurrence of two-thirds of all the members of the court. Art. VIII, Sec. 10.

Poland, Constitution of, February 19, 1947 (Peaslee, II, 815-823)

Art. 49. The President of the Republic shall have the right to conclude treaties with other countries and must inform the Diet thereof. Trade and tariff agreements, agreements implying permanent financial obligations for the State or agreements implying obligations for the citizens, treaties regarding boundary changes, as well as alliances require the consent of the Diet.

Portugal, Constitution of, August 1, 1935, as amended (Peaslee, III, 4-33)

It shall be the business of the President to conclude international conventions and negotiate treaties, submitting them through the government. (President of the Council of State and the Ministers of State) and with its approval to the National Assembly for approval. Art. 81 (7), Art. 91 (7), Art. 109.

Rumania, Constitution of, April 13, 1948 (Peaslee, III, 37–47)

The President of the Great National Assembly ratifies or denounces international treaties on the recommendation of the Government (President of the Council of Ministers, one or more Vice-Presidents, and Ministers). Art. 44 (13), Art. 66.

Sweden, Constitution of, June 6, 1809, as amended (Peaslee, III, 96-118)

Art. 12. The King shall have power to enter into agreements with foreign powers after the council of state has been heard upon the subject. When such

agreements deal with matters which are required under this instrument of gov ernment to be decided by the Riksdag, either alone or with the King, or when, though not dealing with such matters, they are of major importance, they shall be laid before the Riksdag for approval; and such agreements shall contain a reservation making their validity dependent upon the Riksdag's sanction,

Should there be an occasion when the interests of the State require that agreements, which are of great importance but do not deal with matters required to be decided by the Riksdag; should be concluded without the confirmation of the Riksdag, this may be done, but in such circumstances the committee on foreign affairs or the advisory committee shall be given an opportunity to express its opinion before the agreement is concluded.

Swiss Confederation, Constitution of, September 12, 1848, amended and revised (Peaslee, III, 122-148)

Art. 8. The Confederation has the sole right to make alliances and treaties, particularly customs and commercial treaties, with foreign states.

Art. 85 (5). The Federal Assembly approves alliances and treaties with foreign states.

Art. 89. International treaties concluded for a period of indeterminate duration, or for more than fifteen years, shall be submitted for acceptance or rejection by the people if a demand to this effect be made by thirty thousand active eitizens or by eight cantons.

Art. 113. The Federal Tribunal has jurisdiction in regard to complaints by individuals in respect of violations of treaties. In all such cases the Federal Tribunal shall act in accordance with the treaties ratified by the Federal Assembly.

Syria, Constitution of, May 14, 1930, as amended (Peaslee, III, 152–161)

Art. 74. The President shall conclude and sign treaties; those concerning the safety of the State or the public finances, and also commercial treaties, and, in general, all treaties which cannot be denounced at the expiring of any year, shall not, however, come finally into force until they have been adopted by the Chamber (of Deputies).

Thailand, Constitution of, March 23, 1949 (Peaslee, III, 165–187)

Sec. 154. The King may exercise his prerogative in concluding treaties of peace or other treaties with foreign states. Treaties which provide for a change in Thai territories or require the promulgation of an Act to make them enforceable must receive the approval of Parliament.

Turkey, Constitution of, January 10, 1945 (Peaslee, III, 191–199)

Art. 26. The Grand National Assembly alone exercises such functions as concluding conventions and treaties and making peace with foreign states. Ukrainian Soviet Socialist Republic, Constitution of, January 30, 1937, as amended in 1947 (Peaslee, III, 205-219)

Art. 43. The Council of Ministers ・・・ (h) directs relations with foreign states in accordance with the general procedure established by the Union of Soviet Socialist Republies concerning relations of the Union Republics with foreign

states.

Union of South Africa (Peaslee, III, 224 261). See Great Britain and the British Commonwealth

Union of Soviet Socialist Republics, Constitution of, December 5, 1936, as amended (Peaslee, III, 267–284)

Art. 14. The jurisdiction of the Union of Soviet Socialist Republics, as represented by its highest organs of state power and organs of state administration, embraces: (a) Representation of the U. S. S. R. in international relations, cons clusion, ratification, and denunciation of treaties of the U. S. S. R. with other states; establishment of general procedure governing the relations of Union Republics with foreign state.

Art. 18-A. Each Union Republic has the right to enter into direct relations with foreign states and to conclude agreements and exchange diplomatic and consular representatives with them.

Art. 49. The Presidium of the Supreme Soviet of the U. S. S. R.... (0) Ratifies and denounces international treaties of the U. S. S. R. Art. 68. The Council of Ministers of the U. S. S. R. guidance in the sphere of relations with foreign states.

(d) Exercises general