Introduction

International treaties play a pivotal role in shaping the relationships between sovereign states, facilitating cooperation on matters ranging from trade and security to environmental protection and human rights. For a small island nation like Cape Verde, an archipelago off the western coast of Africa, engaging in international commitments through treaties is essential for economic development, regional integration, and global diplomacy. This article explores the legal framework through which Cape Verde enters into treaties, as outlined in its Constitution, and examines the processes for treaty-making and implementation. It also analyzes whether Cape Verde adopts a monist or dualist approach to the integration of international law into its domestic legal system, and the implications of its stance on the Vienna Convention on the Law of Treaties (VCLT) of 1969. By delving into these aspects, this analysis aims to provide clarity on how other countries can effectively engage with Cape Verde in treaty negotiations and implementation, contributing to a deeper understanding of its international legal obligations.

Constitutional Framework for Treaty-Making in Cape Verde

The Constitution of the Republic of Cape Verde, adopted in 1980 and revised in 1992, serves as the supreme law of the land and provides the foundational legal framework for the country’s engagement in international relations, including the negotiation, adoption, and implementation of treaties. As a democratic state, Cape Verde has enshrined principles of sovereignty, international cooperation, and respect for international law within its constitutional provisions. The specific articles relevant to treaty-making and international agreements are primarily located in the sections addressing the powers of the state organs and the principles of foreign policy.

Article 11 of the Cape Verdean Constitution establishes the general principles of international relations, emphasizing the importance of sovereignty, equality among states, non-interference, and peaceful resolution of conflicts. While this article does not specifically address treaties, it sets the tone for Cape Verde’s commitment to international cooperation, which is further detailed in subsequent provisions concerning treaty-making authority.

Article 103 of the Constitution is central to understanding the treaty-making process in Cape Verde. This provision vests the power to negotiate and enter into international treaties with the President of the Republic, acting on behalf of the state. However, this power is not absolute and is subject to the principle of separation of powers inherent in Cape Verde’s semi-presidential system of governance. The President must act in consultation with the Government, particularly the Prime Minister and the Council of Ministers, who play a significant role in proposing and negotiating treaties, especially those concerning economic, technical, or cultural cooperation. Moreover, certain treaties require the approval of the National Assembly, Cape Verde’s legislative body, to acquire legal validity.

According to Article 103(2), treaties or international agreements that involve matters of legislative competence—such as those affecting fundamental rights, fiscal policy, or national security—must be submitted to the National Assembly for approval before they can be ratified or acceded to by the President. This requirement ensures that treaties align with national interests and constitutional principles, reflecting a democratic check on executive power in foreign affairs. Additionally, under Article 103(3), treaties must be published in the official gazette, the Boletim Oficial, to enter into force domestically, thereby ensuring transparency and public awareness of international commitments.

Another critical constitutional provision is Article 12, which addresses the relationship between international law and domestic law. This article stipulates that international treaties and agreements, once duly ratified and published, form an integral part of Cape Verde’s legal system. Importantly, Article 12(3) provides that norms contained in international treaties take precedence over ordinary domestic legislation in case of conflict, though they remain subordinate to the Constitution itself. This hierarchy indicates a nuanced approach to the incorporation of international obligations, which will be further explored in the context of monism and dualism later in this article.

The constitutional framework, therefore, establishes a clear division of roles in the treaty-making process: the President represents the state at the international level and formalizes agreements through ratification, the Government (via the Council of Ministers) often initiates and negotiates treaties, and the National Assembly exercises oversight by approving significant treaties before their entry into force. This multi-tiered process reflects Cape Verde’s commitment to democratic governance and accountability in its international engagements. It also ensures that treaties are not entered into lightly, as they must withstand scrutiny at various levels of government before becoming binding on the state.

Monist or Dualist Approach: Cape Verde’s Stance on International Law

One of the fundamental distinctions in international law is the approach states adopt regarding the relationship between international and domestic legal systems, broadly categorized as monist or dualist. In a monist system, international law is automatically incorporated into the domestic legal order upon ratification of a treaty, without the need for additional legislative action. In contrast, a dualist system treats international law and domestic law as separate spheres, requiring specific legislative acts to transform international obligations into enforceable domestic law.

Cape Verde’s legal system, as articulated in its Constitution, leans toward a monist approach with certain qualifications. As previously mentioned, Article 12 of the Constitution provides that duly ratified and published international treaties are directly applicable within the national legal order and enjoy supremacy over ordinary domestic legislation. This suggests that once a treaty is ratified by the President, approved by the National Assembly (where required), and published in the Boletim Oficial, it becomes part of Cape Verdean law without the need for additional implementing legislation. This direct incorporation aligns with monist principles, as it allows international law to have immediate effect in the domestic context.

However, Cape Verde’s monism is not absolute. While treaties are integrated into the legal system upon ratification, their application may still require specific regulatory or administrative measures, particularly for complex agreements that necessitate detailed domestic implementation. For instance, a treaty on environmental protection might require the Ministry of Environment to issue regulations or establish enforcement mechanisms to ensure compliance with international obligations. In such cases, the treaty’s provisions are not self-executing and depend on further state action to be fully operational within the domestic sphere. This characteristic introduces elements of a dualist approach, as the practical effect of treaties may hinge on additional legislative or executive action.

Moreover, the supremacy of the Constitution over international law, as established in Article 12, implies a limit to monism in Cape Verde. If a treaty provision conflicts with a constitutional norm, the latter prevails, and the state may need to renegotiate or seek reservations to the treaty to resolve the inconsistency. This constitutional safeguard underscores Cape Verde’s commitment to national sovereignty, even as it embraces international cooperation.

In practice, Cape Verde’s approach to treaties can be described as a hybrid or “qualified monist” system. International treaties are directly incorporated into the legal order and hold a higher status than ordinary laws, but their implementation may still require domestic measures, and they remain subordinate to the Constitution. This hybrid approach allows Cape Verde to balance its international commitments with the protection of its national legal framework, ensuring that treaty obligations are adapted to the country’s specific needs and capacities.

Implementation of Treaties in Cape Verde’s National Law

The process of translating international treaties into actionable domestic law in Cape Verde follows a structured yet flexible path, reflecting its qualified monist approach. Once a treaty is ratified by the President and, if necessary, approved by the National Assembly, it is published in the Boletim Oficial, as mandated by Article 103(3) of the Constitution. Publication serves as the formal act that renders the treaty binding within the domestic legal order, signaling its integration into Cape Verdean law.

As noted earlier, under Article 12, ratified treaties hold a higher status than ordinary legislation, meaning that in the event of a conflict between a treaty provision and a national statute, the treaty provision prevails. This hierarchical positioning facilitates the enforcement of international obligations by ensuring that domestic courts and administrative bodies give effect to treaty norms over conflicting domestic laws. For example, if Cape Verde ratifies a human rights treaty that imposes stricter standards than existing national laws, courts are expected to uphold the treaty’s provisions in relevant cases, provided they do not contravene the Constitution.

However, the direct applicability of treaties does not always translate into immediate enforceability. Many treaties, especially those involving technical or specialized commitments, require the state to adopt implementing legislation or regulations to give effect to their provisions. For instance, a trade agreement might stipulate tariff reductions or market access rules that necessitate amendments to existing customs laws or the creation of new administrative procedures. In such cases, the relevant government ministries, in coordination with the National Assembly if legislative changes are required, take steps to align domestic frameworks with international obligations.

The judiciary also plays a crucial role in the implementation of treaties in Cape Verde. Under the country’s legal system, courts are bound to apply international treaties as part of the national legal order, provided they have been duly ratified and published. Judicial interpretation of treaty provisions can shape how international law is applied in practice, particularly in cases involving individual rights or disputes between private parties and the state. The Constitutional Court, established under Title V of the Constitution, has the authority to review the constitutionality of treaties and resolve conflicts between international and domestic norms, further ensuring that treaty implementation aligns with constitutional principles.

Despite the robust framework for treaty implementation, challenges remain in Cape Verde’s capacity to fully translate international commitments into effective domestic action. As a small developing state with limited resources, Cape Verde may face constraints in enacting the necessary legislation or establishing administrative mechanisms to implement complex treaties. For example, environmental treaties requiring sophisticated monitoring and enforcement systems may strain the country’s institutional capacity. To address these challenges, Cape Verde often collaborates with international organizations and development partners to build capacity and secure technical assistance for treaty implementation.

Cape Verde and the Vienna Convention on the Law of Treaties (VCLT) 1969

The Vienna Convention on the Law of Treaties (VCLT), adopted on May 23, 1969, and entered into force on January 27, 1980, is widely regarded as the cornerstone of international treaty law. Often referred to as the “treaty on treaties,” the VCLT codifies customary international law governing the formation, interpretation, amendment, and termination of treaties between states. With 116 state parties as of recent data, the VCLT serves as a critical reference point for states engaging in treaty-making (Vienna Convention on the Law of Treaties – Wikipedia, 2023).

As of the latest available information, Cape Verde is not a signatory or party to the VCLT 1969. This status does not necessarily imply a rejection of the principles enshrined in the Convention; rather, it reflects the country’s specific historical and legal context at the time of the Convention’s adoption and entry into force. Cape Verde gained independence from Portugal in 1975, several years after the VCLT was opened for signature, and its focus in the post-independence period was likely on nation-building and establishing bilateral and regional relationships rather than acceding to multilateral procedural frameworks like the VCLT.

Even though Cape Verde is not a party to the VCLT, many of its provisions are considered part of customary international law, which is binding on all states regardless of formal ratification. Principles such as pacta sunt servanda (treaties must be performed in good faith, Article 26 of the VCLT) and rules on treaty interpretation (Articles 31-33 of the VCLT) are widely accepted as norms governing international relations. Cape Verde, in its treaty practices, likely adheres to these customary rules, as reflected in its constitutional commitment to international cooperation and respect for international law under Article 11.

The absence of formal accession to the VCLT has implications for how other states engage with Cape Verde in treaty negotiations. While the VCLT provides a standardized framework for treaty-making, states dealing with non-parties must rely on customary international law and bilateral understandings to ensure clarity in the negotiation and implementation of agreements. For instance, issues related to treaty reservations, amendments, or termination may need to be explicitly addressed in the text of agreements with Cape Verde, as the VCLT’s procedural guidelines do not formally apply. Other countries should also be aware that Cape Verde’s treaty-making process is primarily governed by its domestic constitutional framework, which emphasizes presidential ratification, legislative approval for significant treaties, and publication as prerequisites for validity.

For states seeking to enter into treaties with Cape Verde, it is advisable to prioritize transparency and mutual understanding of procedural expectations. Given that Cape Verde operates under customary international law rather than the VCLT framework, negotiating parties should ensure that treaties are drafted with clear language and detailed provisions on entry into force, dispute resolution, and termination to avoid ambiguities. Additionally, international partners should consider Cape Verde’s resource constraints and offer capacity-building support to facilitate the domestic implementation of agreements, particularly for treaties involving technical or financial commitments.

Practical Considerations for Treaty-Making with Cape Verde

Engaging in treaty negotiations with Cape Verde presents both opportunities and challenges for other states and international organizations. As a small island developing state, Cape Verde places a high priority on treaties that support sustainable development, regional integration, and climate resilience. Its membership in organizations such as the African Union (AU) and the Economic Community of West African States (ECOWAS) further shapes its treaty-making priorities, often focusing on economic cooperation, migration, and security.

One practical consideration for states entering treaties with Cape Verde is the importance of aligning proposed agreements with the country’s national development strategies. Treaties that address Cape Verde’s key concerns—such as renewable energy, fisheries management, and tourism—are likely to receive greater political support and facilitate smoother ratification and implementation processes. Conversely, agreements perceived as imposing undue burdens or conflicting with national interests may face delays or resistance in the National Assembly, as legislative approval is a critical step for treaties under Article 103.

Another consideration is the need for patience and flexibility in negotiations, given Cape Verde’s limited administrative capacity. The process of treaty approval and implementation may take longer than in larger states with more robust bureaucracies. International partners can mitigate these delays by providing technical assistance or funding to support the drafting of implementing legislation or the establishment of necessary institutions. Such collaboration not only strengthens bilateral relations but also ensures that treaties achieve their intended outcomes.

Furthermore, states should be mindful of Cape Verde’s qualified monist approach to international law. While treaties are directly incorporated into the domestic legal order upon ratification and publication, their practical effect may depend on additional domestic measures. Negotiating parties should consider including provisions in treaties that outline specific timelines or mechanisms for implementation, thereby providing a roadmap for Cape Verde to meet its obligations. This approach can help prevent misunderstandings and ensure that both parties have realistic expectations about the treaty’s enforcement.

Case Studies of Treaty Engagement by Cape Verde

To illustrate Cape Verde’s treaty-making practices, it is useful to consider its engagement in regional and international agreements. One prominent example is Cape Verde’s participation in the ECOWAS framework, which includes treaties and protocols on free movement, trade, and security. These agreements have required Cape Verde to align its domestic policies with regional standards, often necessitating legislative reforms to implement provisions such as visa-free travel for ECOWAS citizens. The process of approving and incorporating these treaties reflects the constitutional requirements of presidential ratification, legislative approval, and publication, demonstrating the practical application of Articles 103 and 12.

Another significant area of treaty engagement is Cape Verde’s commitments under international environmental agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC) and its associated protocols. As a small island state vulnerable to climate change impacts like sea-level rise and desertification, Cape Verde has actively participated in global efforts to combat climate change. Implementing these treaties often requires substantial domestic action, including the adoption of renewable energy policies and disaster risk reduction strategies. While the treaties are directly incorporated into national law, their full realization depends on external support, highlighting the challenges of implementation in a resource-constrained context.

These case studies underscore the importance of understanding Cape Verde’s treaty-making and implementation processes. They also demonstrate the country’s commitment to international cooperation, even as it navigates domestic constraints and constitutional requirements. For other states, these examples offer insights into how Cape Verde approaches treaties, emphasizing the need for collaborative and context-sensitive engagement.

Conclusion

Cape Verde’s approach to entering into and implementing international treaties reflects a careful balance between its constitutional framework, national interests, and global commitments. The Constitution, through provisions like Articles 11, 12, and 103, establishes a clear process for treaty-making, involving the President, the Government, and the National Assembly in a system of checks and balances. The country’s qualified monist approach allows for the direct incorporation of treaties into domestic law while recognizing the need for implementing measures and the supremacy of the Constitution over international obligations.

Although Cape Verde is not a party to the Vienna Convention on the Law of Treaties 1969, it operates within the framework of customary international law, adhering to widely accepted principles governing treaty-making and implementation. This status requires other states to adopt tailored strategies when negotiating treaties with Cape Verde, focusing on clarity, mutual understanding, and support for domestic implementation. By navigating these legal and practical considerations, international partners can build effective and sustainable treaty relationships with Cape Verde, contributing to mutual goals of development, security, and cooperation.

In a broader context, Cape Verde’s treaty-making practices offer valuable lessons for small states and developing nations seeking to engage in international law. Its commitment to democratic accountability, as reflected in the role of the National Assembly, and its emphasis on aligning treaties with national priorities provide a model for balancing sovereignty with global integration. As the international community continues to address pressing global challenges, understanding the legal frameworks of states like Cape Verde will be essential for fostering inclusive and equitable cooperation.

References

• Constitution of the Republic of Cape Verde (1980, as revised in 1992). Retrieved from official sources or legal databases such as the Cape Verdean Government website or international constitutional repositories.
• Vienna Convention on the Law of Treaties. (1969). United Nations Treaty Series, Vol. 1155, p. 331. Retrieved from United Nations legal resources.
• Vienna Convention on the Law of Treaties – Wikipedia. (2023). Retrieved from publicly available information on the web.