Introduction
The treaty-making process of a sovereign state encapsulates a critical intersection of domestic constitutional law and international legal obligations. For Albania, a country with a complex historical trajectory and a relatively recent transition to democratic governance, the mechanisms for entering into and implementing international treaties are shaped by its constitutional framework, post-communist reforms, and aspirations for European integration. This article examines Albania’s treaty-making process, focusing on the constitutional provisions that govern this process, the country’s approach to integrating international law into its domestic legal system, and its relationship with the Vienna Convention on the Law of Treaties (VCLT) of 1969. By analyzing these elements, the discussion aims to provide a comprehensive understanding of how Albania engages with international commitments and what this means for other states seeking to enter into treaties with it.
The article is structured into several key sections. First, it outlines the constitutional framework for treaty-making in Albania, with specific references to the relevant provisions of the Constitution of the Republic of Albania. Second, it explores whether Albania adopts a monist or dualist approach to the incorporation of international treaties into national law, including an analysis of the practical mechanisms for such integration. Third, it addresses Albania’s status concerning the VCLT 1969 and the implications of this status for treaty-making practices. Finally, the article reflects on how Albania’s legal framework and international posture inform other countries in their diplomatic interactions with the state. Through this detailed examination, the article seeks to contribute to the broader discourse on the interplay between national legal systems and international law, using Albania as a case study of a transitioning state in the Western Balkans.
Constitutional Framework for Treaty-Making in Albania
The Constitution of the Republic of Albania, adopted on 21 October 1998 and subsequently amended, serves as the foundational legal document that delineates the procedures and authorities responsible for entering into international treaties. As a parliamentary republic with a commitment to international cooperation—especially in the context of European Union (EU) integration and regional stability—Albania has embedded specific provisions within its Constitution to regulate the process of treaty-making and the adoption of international agreements. These provisions ensure that treaty-making aligns with democratic principles, the rule of law, and the protection of national sovereignty.
Under Article 121 of the Albanian Constitution, international agreements are explicitly recognized as part of the country’s legal system. This article stipulates that international agreements ratified by the Republic of Albania are binding and have direct effect within the domestic legal order, provided they do not conflict with the Constitution itself. Specifically, Article 121(1) states: “International agreements ratified by law have superiority over the laws of the country that are not in compliance with them.” This provision establishes a hierarchical relationship between ratified treaties and domestic legislation, suggesting a preference for international obligations over inconsistent national laws, except where constitutional norms are concerned.
The process for entering into international treaties is detailed in Article 66 and Articles 121 to 123 of the Constitution. Article 66 vests the Parliament with the authority to ratify international agreements, stating that such agreements must be approved by a majority vote in the Assembly unless otherwise specified by law or the Constitution. This parliamentary oversight ensures democratic accountability in the treaty-making process, reflecting Albania’s commitment to representative governance following decades of authoritarian rule. More specifically, Article 123 outlines categories of international agreements that require ratification by law, including those related to territorial integrity, human rights, peace treaties, military alliances, and obligations with financial implications for the state. This enumeration highlights the significance of parliamentary consent in matters of substantial national interest.
Furthermore, the President of the Republic plays a ceremonial yet essential role in the treaty-making process under Article 92(g), which empowers the President to represent Albania in international relations and, upon authorization by the Parliament, to sign international agreements on behalf of the state. However, the actual negotiation and conclusion of treaties are typically conducted by the executive branch, specifically the Council of Ministers or designated ministries such as the Ministry of Foreign Affairs, as per delegated powers and statutory regulations. This division of responsibilities ensures a checks-and-balances mechanism, preventing any single branch of government from unilaterally committing the state to international obligations.
In addition to these procedural aspects, the Constitution provides safeguards to ensure that treaties do not undermine fundamental national principles. Under Article 122, the Constitutional Court has the jurisdiction to review the compatibility of international agreements with the Constitution before their ratification. If a treaty is found to contravene constitutional provisions, it cannot be ratified unless the Constitution is amended accordingly. This judicial oversight, as articulated in Article 122(2), underscores Albania’s commitment to maintaining constitutional supremacy while engaging in international cooperation.
These constitutional provisions collectively establish a structured and multi-tiered approach to treaty-making in Albania. The interplay between the Parliament, the President, the executive branch, and the Constitutional Court ensures that international commitments are entered into with due diligence, transparency, and respect for national sovereignty. This framework reflects Albania’s post-1991 aspirations to integrate into the international community while safeguarding its hard-won democratic institutions.
Monist or Dualist Approach: Albania’s Integration of Treaties into National Law
A fundamental question in the study of international law and state practice is whether a country adopts a monist or dualist approach to the relationship between international and domestic legal orders. In a monist system, international law is automatically incorporated into national law upon ratification or accession, requiring no additional legislative action for its domestic enforceability. In contrast, a dualist system requires explicit domestic legislation to transform international obligations into enforceable national law, treating international and domestic legal systems as separate spheres.
Albania’s approach to integrating international treaties into its national legal system leans toward a monist perspective, albeit with certain qualifications. As previously noted, Article 121 of the Constitution explicitly states that ratified international agreements have direct effect within the Albanian legal order and prevail over conflicting domestic laws. This provision suggests that, once a treaty is ratified by the Parliament, it becomes part of the national legal framework without the need for additional implementing legislation in most cases. This direct incorporation aligns with monist principles, as it allows international law to operate within the domestic sphere without requiring a separate act of transformation.
Moreover, Article 5 of the Constitution reinforces this monist orientation by affirming Albania’s commitment to respecting international law as a fundamental principle of its legal order. It states: “The Republic of Albania applies international law that is binding upon it.” This constitutional acknowledgment of the binding nature of international law further supports the view that Albania prioritizes its international commitments and seeks to harmonize them with its domestic legal system seamlessly.
However, while Albania’s legal framework exhibits strong monist tendencies, there are elements of dualism in practice, particularly concerning the implementation of certain treaties. For instance, while treaties ratified by law have direct effect under Article 121, their practical application often requires secondary legislation or administrative measures to ensure effective enforcement within the domestic context. This necessity arises especially in cases where a treaty imposes specific obligations that are not self-executing—meaning they cannot be directly applied by courts or administrative bodies without further regulatory clarification. For example, treaties involving complex technical or financial obligations may necessitate the enactment of domestic laws or regulations to specify the modalities of compliance. This pragmatic need for additional measures introduces a dualist element, as the full domestic effect of some treaties is contingent upon legislative or executive action beyond mere ratification.
Additionally, the supremacy of the Constitution over international agreements, as emphasized in Article 122, introduces a nuanced limitation to Albania’s monism. If a treaty conflicts with constitutional provisions, it cannot take effect domestically unless the Constitution is amended—a process that requires significant political consensus and a qualified majority in Parliament under Article 177. This constitutional safeguard prioritizes national legal norms over international commitments in cases of conflict, reflecting a cautious approach to the integration of international law.
In practice, the integration of treaties into Albanian national law is further facilitated by the judiciary’s role in interpreting and applying international agreements. Albanian courts have, in several instances, directly invoked ratified treaties as a basis for their rulings, particularly in cases involving human rights, given Albania’s membership in the Council of Europe and its ratification of the European Convention on Human Rights (ECHR). The direct applicability of the ECHR in Albanian courts, as supported by Article 121, exemplifies the monist approach in action, allowing individuals to seek remedies based on international norms without requiring intermediary domestic legislation.
Thus, while Albania predominantly operates within a monist framework by granting direct effect to ratified treaties, elements of dualism persist due to practical implementation challenges and constitutional supremacy. This hybrid approach enables Albania to balance its international commitments with domestic legal and political realities, ensuring that treaty obligations are respected while safeguarding national interests.
Albania and the Vienna Convention on the Law of Treaties (1969)
The Vienna Convention on the Law of Treaties (VCLT) of 1969, often referred to as the “treaty on treaties,” provides a comprehensive codification of customary international law governing the formation, interpretation, amendment, and termination of treaties. Adopted on 23 May 1969 and entering into force on 27 January 1980, the VCLT serves as a critical framework for states in their treaty-making practices. As of the latest available data, the VCLT has been ratified by 116 states, shaping global norms on treaty law (United Nations Treaty Collection, 2023).
Albania acceded to the Vienna Convention on the Law of Treaties on 21 June 2001, becoming a party to this foundational international instrument. This accession reflects Albania’s commitment to adhering to widely accepted principles of treaty law, particularly as it sought to rebuild its international reputation and legal credibility following the collapse of communism in the early 1990s. By becoming a party to the VCLT, Albania has agreed to abide by its provisions, including those related to the conclusion of treaties (Articles 6-18), observance and application (Articles 26-31), and interpretation (Articles 31-33). This formal commitment ensures that Albania’s treaty-making processes are aligned with international standards, providing a degree of predictability and reliability to other states engaging with it diplomatically.
The implications of Albania’s status as a party to the VCLT are significant for other countries seeking to enter into treaties with it. First, it signals that Albania recognizes the principle of pacta sunt servanda (treaties must be performed in good faith), as enshrined in Article 26 of the VCLT. This principle reassures other states that Albania is legally bound to honor its treaty obligations, thereby fostering trust in bilateral and multilateral negotiations. Second, Albania’s adherence to the VCLT’s rules on treaty interpretation (Articles 31-33) provides a common methodological framework for resolving potential ambiguities or disputes arising from treaty texts. Other states can rely on these shared interpretive principles when drafting agreements with Albania, ensuring clarity and mutual understanding.
Moreover, Albania’s participation in the VCLT framework can guide other countries in navigating the procedural aspects of treaty-making with it. For instance, under Article 11 of the VCLT, treaties can be concluded through signature, ratification, acceptance, approval, or accession, depending on the agreed process. Given Albania’s constitutional requirement for parliamentary ratification of significant treaties (Article 123), other states should anticipate the need for formal legislative approval in Albania for certain agreements, potentially affecting the timeline and structure of negotiations. Additionally, the VCLT’s provisions on reservations (Articles 19-23) are relevant, as Albania may, in line with international practice, attach reservations to treaties to limit the scope of certain obligations, provided these reservations are compatible with the treaty’s object and purpose.
For states that are also parties to the VCLT, engaging with Albania in treaty-making is facilitated by a shared legal vocabulary and procedural norms. However, for non-parties to the VCLT—such as the United States, which has not ratified the Convention but recognizes many of its provisions as customary international law—interactions with Albania may require additional attention to ensuring alignment between customary practices and Albania’s treaty-specific obligations under the VCLT. In any case, Albania’s status as a party to the VCLT enhances its credibility as a reliable partner in international law, signaling to other countries that it operates within a globally accepted framework for treaty-making.
Implications for International Partners
Understanding Albania’s treaty-making process and its alignment with international legal standards offers valuable insights for states and international organizations seeking to establish or strengthen diplomatic and legal ties with the country. Several key considerations emerge from the analysis of Albania’s constitutional framework, its monist-leaning approach to international law, and its participation in the VCLT.
First, other countries should recognize the central role of the Albanian Parliament in the ratification of treaties, particularly those with significant political, financial, or security implications as outlined in Article 123 of the Constitution. This parliamentary involvement may introduce delays in the treaty-making process due to legislative schedules, political debates, or the need for broad consensus, especially in a polarized political environment. International partners should therefore plan negotiations with an awareness of these domestic procedural requirements, ensuring that timelines and expectations account for potential legislative bottlenecks.
Second, the direct effect of ratified treaties under Article 121 of the Albanian Constitution implies that, in most cases, treaty obligations will be enforceable within Albania without additional legislative action. This monist orientation can be advantageous for international partners, as it minimizes the risk of non-implementation due to domestic legal barriers. However, partners should remain cognizant of the need for secondary legislation or administrative measures in cases where treaty provisions are not self-executing. Engaging with Albanian authorities to clarify implementation mechanisms during negotiations can help mitigate potential challenges in this regard.
Third, Albania’s adherence to the VCLT provides a robust basis for mutual confidence in treaty relations. International partners can expect Albania to adhere to principles of good faith, consistent interpretation, and respect for treaty obligations, in line with the VCLT’s provisions. This shared commitment to international legal norms facilitates smoother negotiations and reduces the likelihood of misunderstandings or disputes over treaty terms. For states crafting agreements with Albania, referencing VCLT principles during drafting and consultation phases can further ensure alignment with Albania’s treaty practice.
Finally, Albania’s ongoing pursuit of EU integration adds another layer of complexity and opportunity to its treaty-making landscape. As a candidate country for EU membership, Albania is increasingly aligning its legal and policy frameworks with EU standards, including in the realm of international relations and treaty law. This alignment may influence the content and priorities of treaties negotiated with Albania, as the country seeks to demonstrate compliance with EU accession criteria. International partners, particularly EU member states, can leverage this context to foster agreements that support Albania’s European aspirations, thereby contributing to regional stability and integration in the Western Balkans.
Conclusion
Albania’s treaty-making process embodies a dynamic interplay between its constitutional framework, its approach to international law, and its global commitments. The Constitution of the Republic of Albania, through provisions such as Articles 121, 123, and 122, establishes a structured and democratic mechanism for entering into treaties, balancing parliamentary oversight, executive action, and judicial review to safeguard national interests while engaging with the international community. The country’s predominantly monist approach, tempered by practical dualist elements, ensures that ratified treaties are directly enforceable within the domestic legal order, albeit with occasional needs for secondary implementation measures.
Albania’s accession to the Vienna Convention on the Law of Treaties in 2001 further solidifies its commitment to international legal norms, providing a predictable and reliable framework for treaty-making that benefits both Albania and its international partners. For other countries, understanding Albania’s legal and procedural landscape— including the role of parliamentary ratification, the direct effect of treaties, and adherence to VCLT principles—is crucial for effective diplomatic engagement. As Albania continues its path toward EU integration and regional cooperation, its treaty-making practices will likely evolve, offering new opportunities and challenges for international collaboration.
Ultimately, Albania serves as an instructive case study of how a post-communist state navigates the complexities of international law within the constraints and aspirations of its domestic legal system. By adhering to constitutional principles and international standards, Albania contributes to the broader discourse on treaty-making, demonstrating the importance of coherence, accountability, and good faith in fostering meaningful international commitments.
References
- Constitution of the Republic of Albania, adopted on 21 October 1998, as amended.
- United Nations Treaty Collection. (2023). Status of Treaties: Vienna Convention on the Law of Treaties 1969. Available at: https://treaties.un.org/.
- Vienna Convention on the Law of Treaties, adopted 23 May 1969, entered into force 27 January 1980, 1155 UNTS 331.
