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Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.

The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty.[1] The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deliberative assemblies.[2]

The ratification of international treaties is always accomplished by filing instruments of ratification as provided for in the treaty.[3] In most democracies, the legislature authorizes the government to ratify treaties through standard legislative procedures by passing a bill.

Australia

In Australia, power to enter into treaties is an executive power within Section 51 of the Australian Constitution so the Australian Government may enter into a binding treaty without seeking parliamentary approval. However, implementation of treaties requires legislation by the Australian parliament, following Section 51(xxix) of the Australian Constitution, signed by the Governor-General of Australia.

The latter situation is common in trade union collective bargaining agreements. The union authorizes one or more people to negotiate and sign an agreement with management. A collective bargaining agreement can not become legally binding until the union members ratify the agreement. If the union members do not approve it, the agreement is void, and negotiations resume.

The ratification of international treaties is always accomplished by filing instruments of ratification as provided for in the treaty.[3] In most democracies, the legislature authorizes the government to ratify treaties through standard legislative procedures by passing a bill.

Australia

In Australia, power to enter into treaties is an executive power within Section 51 of the Australian Constitution so the Australian Government may enter into a binding treaty without seeking parliamentary approval. However, implementation of treaties requires legislation by the Australia, power to enter into treaties is an executive power within Section 51 of the Australian Constitution so the Australian Government may enter into a binding treaty without seeking parliamentary approval. However, implementation of treaties requires legislation by the Australian parliament, following Section 51(xxix) of the Australian Constitution, signed by the Governor-General of Australia.

India

The The President makes a treaty in exercise of his executive power, on the aid and the advice of the Council of Ministers headed by the Prime Minister, and no court of law in India may question its validity. However, no agreement or treaty entered into by the president is enforceable by the courts which is incompatible with Indian constitution/ national law, as India follows dualist theory for the implementation of international laws.

If the Parliament wishes to codify the agreement entered into by the executive thereby making it enforceable by the courts of India, it may do so under If the Parliament wishes to codify the agreement entered into by the executive thereby making it enforceable by the courts of India, it may do so under Article 253 of the constitution.

In Japan, in principle both houses of the parliament (the National Diet) must approve the treaty for ratification. If the House of Councilors rejects a treaty approved by the House of Representatives, and a joint committee of both houses cannot come to agreement on amendments to the original text of the treaty, or the House of Councilors fails to decide on a treaty for more than thirty days, the House of Representatives the will be regarded as the vote of the National Diet approving the ratification. The approved treaty will then be promulgated into law by the act of the Emperor.

United Kingdom

Treaty power is a coordinated effort between the Executive branch and the Senate. The President may form and negotiate, but the treaty must be advised and consented to by a two-thirds vote in the Senate. Only after the Senate approves the treaty can the President ratify it. Once it is ratified, it becomes binding on all the states under the Supremacy Clause. While the House of Representatives does not vote on it at all, the requirement for the Senate's advice and consent to ratification makes it considerably more difficult to rally enough political support for international treaties. Also, if implementation of the treaty requires the expenditure of funds, the House of Representatives may be able to block or at least impede such implementation by refusing to vote for the appropriation of the necessary funds.

The President usually submits a treaty to the Senate Foreign Relations Committee (SFRC) along with an accompanying resolution of ratification or accession. If the treaty and resolutio

The President usually submits a treaty to the Senate Foreign Relations Committee (SFRC) along with an accompanying resolution of ratification or accession. If the treaty and resolution receive favorable committee consideration (a committee vote in favor of ratification or accession), the treaty is then forwarded to the floor of the full Senate for such a vote. The treaty or legislation does not apply until it has been ratified. A multilateral agreement may provide that it will take effect upon its ratification by less than all of the signatories.[5] Even though such a treaty takes effect, it does not apply to signatories that have not ratified it. Accession has the same legal effect as ratification, for treaties already negotiated and signed by other states.[6] An example of a treaty to which the Senate did not advise and consent to ratification is the Treaty of Versailles, which failed to garner support because of the Covenant of the League of Nations.

The US can also enter into international agreements by way of executive agreements. They are not made under the Treaty Clause and do not require ratification of two thirds of the Senate. Congressional-executive agreements are passed by a majority of both houses of Congress as a regular law. If the agreement is completely within the President's constitutional powers, it can be made by the President alone without Congressional approval, but it will have the force of an executive order and can be unilaterally revoked by a future President. All types of agreements are treated internationally as "treaties". See Foreign policy of the United States#Law.

Federations usually require the support of both the federal government and some given percentage of the constituent governments for amendments to the federal constitution to take effect.

Ratification in the Constitution of India