Encyclopedia of Public International Law in Asia Online
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Subject: Law
General Editor: Seokwoo Lee
Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia Online provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law and the resulting shift from the older Asian order; the development of modern international law; and the impact that all of this has had on Asian states. Each jurisdiction included in the Encyclopedia follows a standard structure for the broadest comparative advantage and starts with a Country Snapshot (Date of Independence, Date of Admission to the United Nations, Geographical Size, Population, Demographic Information, Form of Government, System of Law), followed by a State Report Overview (Executive summary of state report, Key highlights of unique state practice).
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7. Treaties | Bangladesh
(2,735 words)
7.1 Treaty Making in Bangladesh: Power and ProcedureWithin the framework of the Constitution, the power to make all contracts and deeds for the state vests with the executive authority. The Constitution does not distinguish between a contract made by the state and an international treaty in terms of the authority to make them. Article 145(1) generally declares: ‘All contracts and deeds made in exercise of the executive authority of the Republic shall be expressed to be made by the President, and shall …
7. Treaties | Central Asia
(1,119 words)
7.1 European Union’s Treaties with Non-European StatesThe European Union (EU) is an international intergovernmental organization with supranational institutions and competences. Article 47 of the Treaty on EU provides that the EU shall have legal personality. This Article does not define whether the EU can be regarded as a subject of international law and, therefore, has the capacity to enter into treaties (international agreements) with other international organizations and third states. In
Costa v. E.N.E.L. the Court of Justice of the European Union (CJEU) held: By creating a…
7. Treaties | China
(3,393 words)
The People’s Republic of China follows a number of international and domestic laws concerning its practice on international treaties and agreements. The procedures to make, conclude, amend, modify and terminate treaties are largely governed by The Constitution of the People’s Republic of China and Law of the People’s Republic on the Procedure of the Conclusion of Treaties, while the formulation of reservations and the interpretation of treaties follow Vienna Convention of the Law of Treaties. Th…
7. Treaties | India
(3,065 words)
7.1 Treaty Making Power in IndiaThe treaty-making power is an important attribute of the State’s sovereignty. The Indian Constitutional framework, the Union Executive, is empowered with the power to execute treaties. The Constitution of India, however, does not expressly confer the President of India the power to execute treaties. Such a power is derived from Article 73 (1) of the Constitution of India which extends the executive power of the Union “to all the matters with respect to which Parliament…
7. Treaties | Japan
(3,314 words)
7.1 Treaty Making in JapanArticle 73 of the Constitution of Japan provides that “[t]he Cabinet, in addition to other general administrative functions, shall perform the following functions: […] 3. Conclude treaties. However, it shall obtain prior, or depending on circumstances, subsequent approval of the Diet”. Thus, the Cabinet has the power to negotiate, sign, and ratify treaties, whereas in the case of treaties that require ratification, instruments of ratification are to be attested by the Emper…
7. Treaties | Korea
(3,515 words)
7.1 Making & Concluding Treaties7.1.1 Treaty-Making in KoreaUnder the Constitution, treaty-making is within the authority of the President (Article 73 of the Constitution). However, all working-level work for treaty-making is carried out by the International Legal Affairs Bureau of the Ministry of Foreign Affairs and a procedure of consultations with various domestic institutions should be followed before the President can conclude and ratify treaties. From the perspective of a procedural standpoint, t…
7. Treaties | Mongolia
(1,667 words)
7.1 Law of Mongolia on International Treaties and Vienna Convention on the Law of TreatiesThe law of treaties is a branch of international law, which provides a basis for equitable and just relations among nations. The study of international law, particularly that of international treaty law, has only recently been developed. This explains why there are only a few researchers who work in the field. It is necessary to study international treaties and their legal status, as treaties are the most widely used mec…
7. Treaties | Philippines
(3,002 words)
7.1 The Philippines’ Treaty-Making ProcessTreaty-making is governed by Sec. 21, Art. VII of the Philippine Constitution, which states that “[n]o treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.” The Constitution and jurisprudence also recognize “executive agreements,” a category of agreements that do not require Senate concurrence. Executive Order No. 459, series of 1997, provides the guidelines in the negotia…
7. Treaties | Singapore
(2,566 words)
7.1 Making and Concluding TreatiesThe Singapore Constitution is silent on who has the authority to make and conclude treaties for Singapore. Singapore does not have any other legislation or instrument setting out its treaty practice. As a matter of practice, the power to take binding treaty action (signature, accession, ratification, amendment, modification or termination) lies with the Executive. There is no single Ministry overseeing the process by which the Singapore Government takes on binding t…
7. Treaties | Sri Lanka
(8,174 words)
7.1 Internal Constitutional Arrangements Regarding Treaty-makingSri Lanka is a dualist country and the adoption of its obligations under international treaties into domestic law is done according to the framework of the provisions of the Constitution, through domestic legislation, including procedural laws, subsidiary legislation and regulations made under the principal laws. The dualist nature of the Sri Lankan legal system is not explicitly stated in the Constitutional provisions, and there are onl…
7. Treaties | Taiwan
(1,468 words)
7.1 Treaty-Making in TaiwanAbout the treaty-making process in Taiwan (also known as the Republic of China (ROC)), the best sources to refer to are the ROC’s Constitution and the ROC’s 2015 Treaty-Making Law (the Law).Per the ROC Constitution, the ROC President exercises the relevant powers in concluding treaties. Bills about concluding treaties are presented by the ROC Exclusive Yuan’s President, along with various Ministers and Chairmen of Commissions of the Executive Yuan. And such bills are decided by the Executive Yuan Counc…
7. Treaties | Thailand
(1,310 words)
7.1 Treaty-Making in ThailandTreaty-making power is generally exercised by the executive branch or the government. However, with some exceptions, treaties that have been proposed, negotiated and signed by the executive branch require deliberation and ratification by the legislative branch or the National Assembly, according to the majority of parliamentary democratic systems. Under such a system, it is necessary to impose types of treaty which require the approval of the National Assembly.According to past constitutions of Thailand, the executive branch has a lega…
7. Treaties | Viet Nam
(579 words)
7.1 Viet Nam’s Investment TreatiesViet Nam has been actively making international commitments to promote and protect foreign investment since the 1990s. It concluded the first treaty with Italy in 1990 and over the other 66 bilateral investment treaties (BITs), of which over 54 are in force (as of 26 May 2021). Also, Viet Nam has signed over 10 multilateral investment treaties or free trade agreements with investment provisions such as the ASEAN Comprehensive Investment Agreement 2009, ASEAN investm…