UNITED KINGDOM (UK)

1. Treaty-making Process of the United Kingdom

The treaty-making process in the United Kingdom is primarily an executive function exercised under the royal prerogative, with Parliament playing a scrutiny rather than approval role.

Step 1: Negotiation

- Treaties are negotiated by the Government (usually led by the Foreign, Commonwealth & Development Office – FCDO).

Step 2: Signature

- The Government signs the treaty through authorized representatives.

- Signature does not necessarily make the treaty binding.

Step 3: Parliamentary Scrutiny (CRaG / Ponsonby Rule)

- Treaties are laid before Parliament for a period (traditionally 21 days).

- Parliament may debate or raise objections but does not formally ratify treaties.

Step 4: Ratification

- Ratification is carried out by the Government under the royal prerogative.

Step 5: Domestic Implementation

- If the treaty requires changes in domestic law, Parliament must pass legislation before implementation.

Step 6: Entry into Force and Publication

- Treaties enter into force according to their provisions.

- They are published as Command Papers and in the UK Treaty Series.

2. Exceptions and Practices

(i) Parliamentary scrutiny is based on a “negative procedure” rather than approval

- Under the Ponsonby Rule (now codified in the Constitutional Reform and Governance Act 2010 – CRaG), treaties are laid before Parliament for 21 sitting days before ratification.

- However, this procedure does not require an affirmative vote:

●       The Government may proceed with ratification unless Parliament actively objects.

●       The House of Commons may delay ratification, but does not possess a formal veto power.

(ii) Scope limitation: only treaties subject to ratification are scrutinised

- The CRaG procedure applies primarily to treaties requiring ratification.

- Agreements that enter into force upon signature are not subject to parliamentary scrutiny under CRaG.

- This creates a practical limitation whereby certain international agreements may bypass formal scrutiny.

(iii) Possibility to bypass or modify scrutiny in exceptional cases

- In practice, the Government may depart from the standard scrutiny process:

- The scrutiny period may be waived or modified in exceptional circumstances.

- Alternative mechanisms (e.g. legislation, debates, or other parliamentary procedures) may be used instead of the standard laying procedure.

(iv) Parliament’s real influence lies in domestic implementation

- Although Parliament does not formally approve treaties:

- It may effectively influence treaty-making by refusing to pass implementing legislation required for domestic application.

(v) Transparency through Explanatory Memoranda

- In practice, treaties laid before Parliament are accompanied by an Explanatory Memorandum (EM) explaining:

●       the purpose of the treaty;

●       its legal and policy implications.

Source: https://www.parliament.uk/globalassets/documents/commons-information-office/p14.pdf

House of Lords - Parliamentary Scrutiny of Treaties - Select Committee on the Constitution