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  • Writer's pictureParliament

The Ratification of Treaties ACT

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords and Burgesses in this present Parliament assembled, and by the authority of the same, as follows:

1. SHORT TITLE This act may be cited for all purposes as “The Ratification of Treaties Act”

2. PURPOSE. The purpose of this Act is for Treaties to be laid before Parliament for formal ratification after negotiation by the Government.

3. PROCESS. a. The government may negotiate treaties as they see fit and in accordance with applicable law and Section 6 of this Act. Acceptable treaties are: Mutual recognition treaties, treaties of bilateral recognition, treaties of friendship.

b. This act shall require the Government to lay before Parliament all treaties it wishes to ratify, along with an Explanatory Memorandum.

c. The treaty must be published in Parliament by a Minister of the Crown and may at their discretion be published in the Hound and Quarry for all citizens to read before a vote is taken on it.

d. A treaty is ratified when a simple majority has voted in favor of the Treaty before them except as outlined in Section 4.

e. Following ratification the Treaty shall not need Royal Assent, and shall come into effect immediately, unless vetoes in accordance with Section 7 of this Act. The Treaty shall then be posted in the Hansard and Hound and Quarry explaining ratification and on the Kingdom website.

4. UNACCEPTABLE TREATIES. Treaties that would hinder the reputation of the Kingdom of Scone, place the kingdom on a war footing or are against good common order are barred from ratification or notification.

5. PARLIAMENT TO ADVISE NOT NEGOTIATE OR AMEND. In accordance with standard ratification processes the entirety of Parliament cannot negotiate the terms of any specific treaty and may not amend any treaty as presented. If an amendment is wanted, the treaty must be rejected with instructions for the negotiating team to take back to the table with the other party.

6. COMPOSITION OF NEGOTIATING TEAM. The negotiating team is comprised of the Prime Minister and the Foreign Secretary, unless they direct that they are otherwise indisposed. At no point should the negotiating team be comprised of less than two members of the Cabinet. The Government may at their discretion appoint a nongovernmental member to the team to better get opinions from the citizens.

7. CROWN TO HAVE VETO POWER. If the Crown believes a treaty to be detrimental or contradictory to the tenets of the Kingdom, the Crown May veto the treaty. The Crown must give reasoning to the Government and the Parliament. A veto should generally be reserved and not used lightly.

8. CHANGING A CONCLUDED TREATY. Multilateral treaties are usually negotiated and finalised by intergovernmental conferences. Once they have been concluded and opened for signature and ratification, neither individual governments nor parliaments can amend them. A government can however submit declarations and/or reservations to treaties when it signs or ratifies them, stating for example its understanding of particular treaty provisions or that it does not consider itself bound by a certain provision. Also, treaties can usually be amended by a subsequent treaty or protocol.

9. COMMENCEMENT. This legislation and all the provisions therein shall come into force upon receiving the Royal Assent.

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