Introduction

Finland, a Nordic country with a long-standing tradition of international cooperation, has developed a robust framework for treaty-making that reflects its commitment to both national sovereignty and international obligations. This article examines Finland’s treaty-making process, focusing on its constitutional foundations as enshrined in the Constitution of Finland, its approach to integrating international treaties into domestic law, and its relationship with key international instruments such as the Vienna Convention on the Law of Treaties (VCLT) of 1969. By analyzing these elements, this piece aims to elucidate how Finland navigates the intersection of domestic legal norms and international commitments. Furthermore, it provides insights for other states engaging in treaty negotiations with Finland, emphasizing the procedural and substantive requirements that underpin Finland’s engagement in international agreements.

The discussion is structured as follows: first, an exploration of the constitutional provisions governing treaty-making in Finland; second, an analysis of whether Finland adopts a monist or dualist approach to treaties and the mechanisms for their incorporation into national law; third, an examination of Finland’s status with respect to the VCLT 1969 and the implications for international partners; and finally, a conclusion summarizing the key findings and their broader significance.

Constitutional Foundations of Treaty-Making in Finland

The legal basis for Finland’s treaty-making process is rooted in the Constitution of Finland, which entered into force on March 1, 2000, replacing the earlier constitutional framework. The Constitution provides a clear delineation of powers and responsibilities concerning international agreements, reflecting Finland’s democratic principles and commitment to the rule of law. Several key provisions outline how Finland enters into treaties, ensuring that such actions are consistent with national sovereignty and democratic oversight.

Section 93 of the Constitution of Finland establishes the primary authority for foreign policy and treaty-making. It states that “the foreign policy of Finland is directed by the President of the Republic in co-operation with the Government” (Constitution of Finland, 1999, Section 93(1)). However, specific responsibilities regarding international obligations, including treaties, are shared between the President, the Government, and the Parliament, creating a system of checks and balances. The President is tasked with deciding on significant matters of foreign policy, but the Government, through the Ministry for Foreign Affairs, handles the practical aspects of treaty negotiations and preparation (Constitution of Finland, 1999, Section 93(2)).

More critically, Section 94 of the Constitution governs the acceptance of international obligations and their incorporation into Finnish law. It stipulates that “the acceptance of an international obligation or commitment, or the denouncement of one, shall be decided by Parliament, unless otherwise provided by the Constitution or an Act” (Constitution of Finland, 1999, Section 94(1)). This provision ensures parliamentary oversight over treaties, particularly those that have significant domestic implications. Parliament’s role is especially prominent when a treaty affects Finnish legislation or requires budgetary allocations, necessitating a majority vote—or in some cases, a qualified majority—for approval (Constitution of Finland, 1999, Section 94(2)).

Section 95 further elaborates on the legislative procedure for treaties with domestic impact. It states that “if the proposal concerns the Constitution or an alteration of the national borders, or if the proposal would transfer regulatory authority to an international organization or body, the Parliament’s decision shall be made by at least two thirds of the votes cast” (Constitution of Finland, 1999, Section 95(2)). This provision is particularly relevant for treaties involving the European Union (EU) or other supranational organizations, where sovereignty may be partially delegated. For instance, Finland’s accession to the EU in 1995 required constitutional amendments and parliamentary approval under these stringent conditions (Heliskoski, 2000).

In addition to parliamentary approval, the President plays a ceremonial yet essential role in the ratification of treaties. Once Parliament has approved a treaty, the President ratifies it, thereby formalizing Finland’s commitment on the international stage (Constitution of Finland, 1999, Section 93(2)). This act of ratification often follows the deposit of instruments of ratification with the relevant international depository, in line with international practice.

These constitutional provisions reflect Finland’s commitment to democratic legitimacy in treaty-making. The involvement of multiple branches of government—executive, legislative, and presidential—ensures that international commitments are not entered into lightly and are subject to rigorous domestic scrutiny. This framework also underscores Finland’s respect for the principles of international law, particularly the notion that treaties must be binding upon the parties, as articulated in the principle of pacta sunt servanda (Klabbers, 2006).

Monist or Dualist Approach: Finland’s Integration of Treaties into National Law

A central question in understanding Finland’s treaty-making process is whether it adheres to a monist or dualist approach to international law. Monism posits that international and domestic law form a single legal order, with international treaties automatically becoming part of national law upon ratification. Dualism, conversely, views international and domestic law as distinct systems, requiring explicit incorporation or transformation of treaties into domestic legislation before they can have legal effect (Cassese, 2005).

Finland predominantly follows a dualist approach to the relationship between international and domestic law, though it exhibits certain monist features in specific contexts, particularly with regard to human rights treaties. This dualist orientation is evident in the requirement under Sections 94 and 95 of the Constitution that treaties affecting domestic law must be incorporated through an Act of Parliament (Constitution of Finland, 1999). Without such legislative action, a treaty, even if ratified, does not automatically have direct effect in the Finnish legal system. This process ensures that international obligations are aligned with domestic legal norms and that Parliament retains control over their implementation (Tuori, 2000).

For example, when Finland ratifies a treaty that imposes obligations requiring changes to existing laws—such as trade agreements or environmental conventions—the Government prepares a bill to amend or enact relevant legislation. This bill is then submitted to Parliament for approval. Only after the passage of such legislation does the treaty’s content become enforceable within Finland. This process was evident in Finland’s implementation of the United Nations Convention on the Rights of the Child (CRC), which required amendments to domestic child welfare laws to ensure compliance with international standards (Ministry for Foreign Affairs of Finland, 1991).

However, Finland’s approach is not purely dualist. Certain international norms, particularly those related to human rights, are given a quasi-monist treatment under Section 22 of the Constitution, which mandates that “the public authorities shall guarantee the observance of basic rights and liberties and human rights” (Constitution of Finland, 1999, Section 22). This provision implies a direct commitment to international human rights standards, such as those enshrined in the European Convention on Human Rights (ECHR), to which Finland is a party. Finnish courts have increasingly referred to the ECHR in their rulings, suggesting a degree of direct applicability, even if formal incorporation through legislation remains the norm (Scheinin, 2001).

Moreover, Finland’s membership in the EU introduces an additional layer of complexity. EU treaties and regulations have direct effect and primacy over national law, reflecting a monist approach in this specific context. Under Section 95 of the Constitution, the transfer of powers to the EU was explicitly authorized, enabling EU law to bypass the traditional dualist requirement for separate legislative incorporation (Constitution of Finland, 1999; Heliskoski, 2000). This hybrid approach—dualist in general but with monist elements for human rights and EU law—demonstrates Finland’s pragmatic adaptation to the demands of international cooperation while safeguarding national sovereignty.

The process of translating treaties into national law involves several stages: negotiation, parliamentary approval, legislative incorporation (if necessary), presidential ratification, and publication in the Finnish Treaty Series. This meticulous procedure ensures transparency and legal certainty, as treaties are published in both Finnish and Swedish, the country’s official languages, to guarantee accessibility (Finnish Treaty Series Act, 1955). Furthermore, if a conflict arises between a treaty and domestic law, Finnish courts generally strive to interpret national legislation in a manner consistent with international obligations, reflecting the principle of harmonization (Viljanen, 2007).

Finland and the Vienna Convention on the Law of Treaties (1969)

The Vienna Convention on the Law of Treaties (VCLT) of 1969 is widely regarded as the cornerstone of international treaty law, codifying customary rules on the formation, interpretation, and termination of treaties. Adopted on May 23, 1969, and entering into force on January 27, 1980, the VCLT provides a comprehensive framework for states to engage in treaty-making, emphasizing principles such as good faith and the binding nature of agreements (United Nations, 1969). Given its significance, it is pertinent to examine Finland’s status with respect to the VCLT and how this informs its treaty-making practices.

Finland is a party to the VCLT, having signed the convention on May 23, 1969, and ratified it on August 19, 1977, prior to its entry into force. As of the latest records, Finland remains a full member of the VCLT, with no reservations or declarations that significantly alter its obligations under the convention (United Nations Treaty Collection, 2023). This commitment underscores Finland’s dedication to adhering to internationally recognized standards in treaty-making, ensuring that its processes align with global norms.

Finland’s participation in the VCLT has several implications for its domestic treaty-making process and for other countries seeking to enter into agreements with Finland. First, Finland adheres to the procedural rules outlined in the VCLT, such as those concerning the negotiation, signature, and ratification of treaties (Articles 6-18, VCLT). This means that international partners can expect a structured and predictable process when engaging with Finland, with clear delineation of authority—primarily through the Government and Parliament—as mandated by the Constitution.

Second, Finland’s adherence to the VCLT principle of pacta sunt servanda (Article 26, VCLT) reassures other states that Finland intends to honor its treaty obligations in good faith. This principle is mirrored in Finland’s domestic legal framework, where treaties, once incorporated, are treated as binding commitments that must be implemented through legislation if necessary. For instance, Finland’s compliance with VCLT rules on treaty interpretation (Articles 31-33) ensures that Finnish courts and authorities interpret treaties in accordance with their ordinary meaning, context, and object and purpose, providing legal certainty to international partners (Klabbers, 2006).

For other countries, Finland’s status as a VCLT party offers practical guidance on how to properly enter into treaties with Finland. States should be aware that Finland requires parliamentary approval for significant treaties, as per Sections 94 and 95 of the Constitution, which may introduce delays in the ratification process compared to states with more executive-driven systems. Additionally, international partners must recognize that treaties lacking legislative incorporation may not have immediate domestic effect in Finland due to its dualist approach, necessitating coordination with Finnish authorities to ensure compliance with both international and national requirements (Tuori, 2000).

Moreover, Finland’s commitment to the VCLT signals its openness to resolving treaty disputes through dialogue and international legal mechanisms, as outlined in Article 33 of the VCLT, which encourages peaceful settlement of disputes. This approach contrasts with states that may not be party to the VCLT or that have made reservations limiting their obligations, potentially complicating treaty negotiations. Therefore, countries engaging with Finland can rely on a shared understanding of treaty law principles, facilitating smoother diplomatic and legal interactions (Viljanen, 2007).

Broader Implications for International Treaty-Making

Finland’s treaty-making process offers valuable lessons for the international community, particularly for states seeking to balance domestic sovereignty with global commitments. The Finnish model demonstrates the efficacy of a dualist system that incorporates rigorous parliamentary oversight while allowing for monist flexibility in contexts like human rights and EU law. This hybrid approach ensures that international treaties are not only legally binding at the international level but also practically enforceable within the national legal order, fostering compliance and accountability (Scheinin, 2001).

Furthermore, Finland’s adherence to the VCLT reinforces the importance of codifying customary international law into a formal framework that states can adopt and implement. For countries not yet party to the VCLT, Finland’s experience highlights the benefits of aligning domestic processes with international standards, such as those concerning treaty formation and interpretation. This alignment enhances predictability and trust in international relations, reducing the risk of misunderstandings or disputes over treaty obligations (Cassese, 2005).

Additionally, Finland’s emphasis on democratic legitimacy in treaty-making—through parliamentary involvement and public transparency—serves as a model for ensuring that international commitments reflect national consensus. This is particularly relevant for states transitioning to democratic governance or revising their constitutional frameworks to accommodate international law. By requiring parliamentary approval for significant treaties, Finland ensures that such agreements are not merely executive decisions but represent the will of the people, a principle that other nations might consider adopting (Heliskoski, 2000).

For states engaging with Finland, understanding its dualist approach and constitutional requirements is crucial for effective treaty-making. International partners should anticipate the need for legislative incorporation of treaties into Finnish law and plan accordingly for potential delays in implementation. Moreover, recognizing Finland’s commitment to the VCLT can guide negotiations, as it assures adherence to established norms of good faith, consent, and dispute resolution (Klabbers, 2006).

Conclusion

Finland’s treaty-making process exemplifies a balanced approach to international commitments, grounded in constitutional safeguards and informed by global legal standards. The Constitution of Finland, through Sections 93, 94, and 95, establishes a clear framework for entering into treaties, emphasizing shared responsibility among the President, Government, and Parliament. As a predominantly dualist state, Finland requires legislative action to incorporate treaties into national law, ensuring alignment with domestic legal norms while allowing for monist tendencies in human rights and EU contexts. Its status as a party to the Vienna Convention on the Law of Treaties (1969) further reinforces Finland’s commitment to international norms, offering predictability and reliability to its treaty partners.

For the international community, Finland’s practices provide insights into effective treaty-making that respects both national sovereignty and global cooperation. Other states can learn from Finland’s hybrid approach to monism and dualism, its democratic oversight mechanisms, and its adherence to the VCLT. Ultimately, understanding Finland’s treaty-making process not only facilitates smoother bilateral and multilateral engagements but also contributes to the broader discourse on harmonizing international and domestic legal systems in an increasingly interconnected world.

References

• Cassese, A. (2005). International Law (2nd ed.). Oxford University Press.
• Constitution of Finland. (1999). Act No. 731/1999. Helsinki: Ministry of Justice.
• Finnish Treaty Series Act. (1955). Act No. 235/1955. Helsinki: Ministry of Justice.
• Heliskoski, J. (2000). Mixed Agreements as a Technique for Organizing the International Relations of the European Community and its Member States. Kluwer Law International.
• Klabbers, J. (2006). Treaty Conflict and the European Union. Cambridge University Press.
• Ministry for Foreign Affairs of Finland. (1991). Report on the Implementation of the UN Convention on the Rights of the Child. Helsinki.
• Scheinin, M. (2001). Human Rights in Finnish Law. Åbo Akademi University Press.
• Tuori, K. (2000). Critical Legal Positivism. Ashgate Publishing.
• United Nations. (1969). Vienna Convention on the Law of Treaties. Treaty Series, vol. 1155, p. 331.
• United Nations Treaty Collection. (2023). Status of Treaties: Vienna Convention on the Law of Treaties. Retrieved from the UN Treaty Database.
• Viljanen, V. (2007). The European Convention on Human Rights and the Finnish Legal System. Helsinki University Press.

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