Keywords

Treaty, Diplomacy, Constitution, Political Independence, Sovereignty.

Published

16 August 2020

Abstract

Treaty is a diplomatic instrument of international relation which creates a binding obligation in international law. Traditionally speaking, states are the subject matter of international law. Sovereignty of a country in international relations is the key issue. It is very often said surrendering sovereignty is also a sovereign decision. Treaty obligation and state’s agreement to undertake them is also a sovereign decision which is often decided within purely domestic legal framework of the concerned state. Once the states undertake the obligation then it is considered that they have consented to become internationally obliged for those treaties. Hence, this is to note that treaty making is an executive function of state and regulated by the concerned constitutional framework. The domestic framework of treaty making of specific state compliments the international treaty making system as political independence is the essence of international law. This paper tries to understand, firstly the nature and source of international law and the position of treaty in this regard, secondly, how the treaty making procedure is regulated internationally and thirdly, the paper focuses upon the constitutional framework regarding treaty making among South Asian Nations. Finally, the paper deals with the commonality and difference in Indo-Bangladesh constitutional framework and judicial approach in the same area through a comparative analysis. The paper is based on qualitative and quantitative methods of research, both primary and secondary sources available on the subject have been used. Further, doctrinal and analytical techniques have been utilised for highlighting different aspects to arrive at solutions.

SALR Article No. 02

Ref No.: SALR/JOURNAL/1stV/FI/Aug-002

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