PARLIAMENTARY PARTICIPATION IN TREATY-MAKING PROCESS: IMPLICATIONS FOR BANGLADESH.

Outline

1. Introduction 2. Democratic Framework Importance of Parliamentary
Participation in Treaty-making Process 3. Treaty-making Models 4. Modell: Active role of Parliament in Treaty-making process 5. Model 2 : Passive role of Parliament in Treaty-making Process 6. Model 3 : Insignificant role or no role of Parliament in Treaty making Process 7. Implications for Bangladesh 8. Conclusion

PARLIAMENTARY PARTICIPATION IN TREATY-MAKING PROCESS: IMPLICATIONS FOR BANGLADESH.

Author: Liaquat Ali Siddiqui

DOI Link: https://www.doi.org/ BIISSj1999v20n1a3

ABSTRACT

Although treaties are binding on member states on the international plane. state parties are free to adopt different methods of treaty-making at the domestic level. Drawing on the constitutional developments in different jurisdictions, this article develops three principal models of treaty-making in which parliament plays either active, passive or insignificant role. While in the first and second models parliament has effective control over the treaty-making power of the executive. in the third model. it is virtually absent. The study can discern a growing trend towards strengthening the role of parliament in treaty-making process. The arguments for the development of a democratic treaty-making process at the domestic level are many. It suggests that the countries belonging to the third model should amend their constitutional provisions to strengthen the role of parliament in treaty-making process and to impose constitutional check on the possible executive autocracy. Particularly it examines the legal implications of this democratic trend of treaty-making for Bangladesh and works out a refonnatory plan in the light of recent constitutional developments of the country.

BANGLADESH INSTITUTE OF INTERNATIONAL AND STRATEGIC STUDIES

Outline