Treaties and Protocols on Regional Integration

Treaty and Protocol Ratification

Treaty obligations dictate that the decision to sign a treaty is a legally binding instrument, that creates rights and imposes obligations on the states that are parties to the treaty. These obligations usually override national rules including pre-existing agreements. A fundamental rule in international law of treaties is the maxim ‘pacta sunt servanda’  set out in the Vienna Convention. Under this rule ‘Every treaty is binding upon the parties and must be performed in good faith.’

The duty to act in good faith means that the signatory should, in practical terms:

• Take not only all appropriate measures but also refrain from acts which defeat or jeopardise the attainment of the objectives of the decision;
• Have the duty to take all appropriate steps to remove or eliminate incompatibilities with the Decision arising from pre-existing agreements between them and may not invoke the provisions of their internal laws as a justification for their failure to perform, observe and implement the Decision. This duty also derives from Article 93 of the Abuja Treaty that established the African Economic Community.

The concept of  good faith and the resultant observance of treaty obligations are the basis on which the decision must be performed and implemented.