Hackett & Dabbs LLP
1 Contributions by Hackett & Dabbs LLP Experts
PRACTICE NOTES
Introduction
A ‘treaty’ is broadly understood as a written pact between States that establishes rights and duties under international law. Treaties may likewise exist between States and international organisations, and arrangements among multiple States are often styled ‘multilateral’ or ‘plurilateral’.
Within the UK, the government, acting under the royal prerogative, conducts negotiations, signs instruments and completes ratification. The orthodox position is that making or unmaking treaties requires no legislative mandate, and the exercise of that prerogative is not subject to judicial review.
That orthodoxy is now tempered by the (perhaps exceptional) ruling in R (Miller) v Secretary of State for Exiting the European Union, in which the Supreme Court determined that, where departure from the EU would strip certain domestic rights, the government could not terminate the EU Treaties absent prior parliamentary approval.
The UK follows a dualist approach; in practical terms,
Public Law
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