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Treaty Making Process


The Ministry of Foreign Affairs oversees the process by which the Government of Belize enters into, and withdraws from or denounces, treaties.

In the power to take binding treaty action (that is, ratification, accession, acceptance, approval, withdrawal or denunciation) rests with the Executive. Within this context, the ratification of any treaty by the Government of Belize including any treaty for the final settlement of the territorial dispute between Belize and the Republic of Guatemala shall be authorised by the Senate, before the Executive takes binding treaty action.

The key features of the treaty making process include:

• Negotiation: Belize government officials as appropriate are involved in the negotiation of all bilateral treaties and important multilateral treaties to which Belize is interested in becoming party.

• Cabinet approval of the text: Once the text of a treaty is finalised, the appropriate Minister (in consultation, or jointly, with the Minister of Foreign Affairs) must seek Cabinet approval for the formal steps involved in taking the proposed treaty action (these steps differ depending on the nature of the treaty).

• Signature: The treaty making process for some multilateral treaties requires non-binding signature before binding treaty action (e.g. ratification) is taken. Non-binding treaty action may be taken after Cabinet has approved the text of a treaty.

• Presentation to the Constitution and Foreign Affairs Committee of the Senate: The Senate treaty examination process, introduced in 2002 in accordance with the Belize Constitution (Senate) Standing Orders, requires all treaties to be presented to the Constitution and Foreign Affairs Committee before binding treaty action is taken.

• Binding treaty action: Formal treaty action (such as ratification or accession) binds Belize to the obligations in a multilateral treaty. The Government completes the treaty making process by depositing the appropriate formal instrument with the treaty depositary. For bilateral treaties, signature or the exchange of instruments of ratification is usually the binding step.

 



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