Jurisdiction(s):
United Kingdom

United Kingdom Treaty-Making and Scrutiny: CRGA 2010, Parliamentary Practice, Reform Proposals, FTA Oversight, MoUs, Ratification and Domestic Implementation

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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, international law must be given effect by Parliament before it operates domestically. This may occur through primary or secondary legislation. Nonetheless, fresh domestic legislation is not invariably needed to implement it domestically without further primary or secondary measures in some cases, consistent with the dualist approach and the government’s treaty-making powers under the royal prerogative as described above...

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Alexander Horne

Hackett & Dabbs LLP

Alexander Horne is a barrister, called to the Bar by Lincoln’s Inn in 1999. He is a Partner at Hackett & Dabbs LLP. He is also an associate member of Cornerstone Barristers and is authorised to sit on the Bar Tribunal and Adjudication Service (the disciplinary tribunal for barristers).Alexander spent 18 years as a legal adviser in Parliament, focusing on EU, regulatory and public law, international agreements and human rights. He was the first legal adviser to the House of Lords International Agreements Committee, which he helped to establish. He was also legal adviser to the House of Lords EU Committee and deputy legal adviser to the Joint Committee on Human Rights. He currently acts as Special Adviser to the Women and Equalities Committee in the House of Commons.Alexander is a member of the Legal Services Panel to the Government of the Virgin...

Web page updated on 22/05/2026

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