Introduction
Treaty-making processes are a fundamental aspect of international law, enabling states to formalize agreements, establish obligations, and foster cooperation on a global scale. For many countries, the process of entering into treaties is governed by domestic constitutional frameworks that outline the legal procedures and institutions responsible for negotiating, signing, and ratifying international agreements. In the case of Algeria, a North African nation with a rich history of international engagement, the treaty-making process is deeply embedded in its constitutional structure, reflecting both national priorities and international commitments. This article explores Algeria’s treaty-making process, focusing on the constitutional provisions that regulate the creation and integration of international agreements. It also examines whether Algeria adopts a monist or dualist approach to treaties, how these treaties are incorporated into national law, and the country’s relationship with the Vienna Convention on the Law of Treaties (VCLT) of 1969. By analyzing these elements, this study aims to provide a comprehensive understanding of Algeria’s approach to international commitments and offer insights for other states engaging with Algeria in treaty negotiations.
Constitutional Framework for Treaty-Making in Algeria
The treaty-making process in Algeria is governed by the country’s Constitution, which has undergone several amendments since the nation’s independence in 1962. The current Constitution, adopted in 2020 following a referendum, provides the legal foundation for how Algeria engages in international agreements. Key articles within the Constitution delineate the roles of various state institutions in the treaty-making process, ensuring a balance of power and adherence to democratic principles.
Article 91 of the Algerian Constitution (2020) vests the President of the Republic with significant authority in matters of foreign policy, including the power to negotiate and conclude international treaties. Specifically, Article 91(6) states that the President “concludes and ratifies international treaties,” positioning the executive as the primary actor in initiating and finalizing agreements with other states or international organizations. This provision underscores the centralized role of the President in representing Algeria on the global stage, reflecting a model where foreign affairs are predominantly an executive prerogative.
However, the Constitution also ensures parliamentary oversight in the treaty-making process, emphasizing the importance of legislative consent for certain categories of treaties. Article 140 of the Constitution stipulates that treaties relating to peace, alliances, unions with other states, human rights, borders, or those involving financial commitments for the state must be submitted to both chambers of Parliament—the People’s National Assembly and the Council of the Nation—for approval. According to this article, such treaties require a majority vote in both chambers before they can be ratified by the President. This requirement introduces a democratic check on executive power, ensuring that significant international commitments align with national interests and receive broader political support.
Furthermore, Article 141 of the Constitution specifies that treaties ratified by the President, in accordance with the conditions laid out in the Constitution, “have a higher authority than that of laws.” This provision is pivotal in understanding the legal hierarchy of international agreements within Algeria’s domestic legal system. It indicates that once a treaty is properly ratified, it supersedes national legislation in cases of conflict, provided the treaty has been incorporated appropriately into the legal framework. This hierarchy is a critical aspect of Algeria’s approach to balancing domestic sovereignty with international obligations.
In addition to these specific articles, the Constitution emphasizes Algeria’s commitment to international law and cooperation. For instance, Article 14 declares that the state “abides by the principles and objectives of the United Nations, the African Union, and the Arab League,” reflecting a broader dedication to multilateralism and regional integration. This commitment shapes the context in which treaty-making operates, as Algeria often aligns its international agreements with the goals of these organizations.
The treaty-making process in Algeria, as outlined in the Constitution, typically follows several stages: negotiation, signing, parliamentary approval (where required), ratification by the President, and publication. Negotiation and signing are generally conducted by the President or authorized representatives, often through the Ministry of Foreign Affairs. Once signed, treaties requiring parliamentary approval are submitted to the legislative bodies for debate and voting. Following approval, the President issues a formal instrument of ratification, which is then published in the Official Gazette to ensure public awareness and legal effect. This structured process reflects a blend of executive initiative and legislative oversight, designed to safeguard national interests while enabling Algeria to participate actively in international affairs.
Monist or Dualist Approach: Algeria’s Perspective on Treaties
A critical question in understanding a state’s treaty-making framework is whether it adopts a monist or dualist approach to the integration of international law into domestic law. Monism posits that international and national law form a single legal system, with international treaties automatically becoming part of domestic law upon ratification. Dualism, on the other hand, views international and national law as separate systems, requiring specific legislative action to incorporate treaties into the domestic legal order.
Algeria’s approach to treaties can be characterized as predominantly monist, though with certain qualifications. As previously mentioned, Article 141 of the 2020 Constitution explicitly states that ratified treaties have a “higher authority than that of laws,” suggesting that once a treaty is ratified according to constitutional procedures, it holds a superior position in the legal hierarchy and can be directly invoked in domestic courts without the need for additional legislation. This provision aligns with monist principles, as it implies an automatic integration of international commitments into the national legal system following ratification.
However, the monist nature of Algeria’s system is not absolute. While Article 141 establishes the supremacy of treaties over national laws, the practical application of treaties in domestic contexts often depends on their publication in the Official Gazette. Until a treaty is published, its provisions may not be fully enforceable within the domestic legal framework. This requirement introduces an element of procedural dualism, as publication serves as a formal step to notify and integrate the treaty into the national order. Moreover, for treaties that involve significant changes to existing laws or require specific implementation mechanisms, additional legislative or executive measures may be necessary to ensure compliance with treaty obligations. For instance, treaties involving financial commitments or regulatory frameworks often prompt the enactment of domestic legislation to align national laws with international standards.
In practice, Algerian courts have recognized the primacy of ratified treaties in cases of conflict with domestic legislation, provided the treaty has been duly published. Judicial decisions have occasionally referenced international human rights treaties, such as those ratified under the framework of the United Nations, to uphold individual rights over conflicting national provisions. This judicial practice reinforces the monist inclination of Algeria’s legal system, though the requirement for publication and occasional need for implementing legislation suggests a hybrid approach that incorporates elements of dualism.
The interplay between monism and dualism in Algeria’s treaty integration reflects a pragmatic balance between respecting international commitments and preserving national sovereignty. By granting treaties superior authority while mandating formal domestic processes, Algeria ensures that international law is respected without undermining the autonomy of its legal system. This approach also facilitates judicial enforcement of treaties, as judges can directly apply international norms in cases where domestic laws are inconsistent, provided the procedural requirements are met.
Integration of Treaties into National Law
The process of translating international treaties into national law in Algeria is closely tied to the constitutional provisions and the monist-leaning framework described above. Once a treaty is negotiated and signed by the President or an authorized representative, the next steps depend on the nature of the treaty. As outlined in Article 140 of the Constitution, certain treaties—such as those concerning peace, alliances, human rights, or financial commitments—require parliamentary approval before ratification. Once approved by both chambers of Parliament, the President formally ratifies the treaty, and it is published in the Official Gazette.
Publication in the Official Gazette is a critical step in the integration process, as it serves as the official notification to the public and state institutions of the treaty’s legal status. According to Algerian legal practice, a treaty does not become fully enforceable in the domestic sphere until it is published. This requirement ensures transparency and allows for public and institutional awareness of international commitments. Upon publication, the treaty acquires the “higher authority” status mandated by Article 141, meaning it takes precedence over national laws in cases of conflict.
In cases where a treaty requires specific implementation measures—such as amendments to existing laws or the creation of new regulatory frameworks—the Algerian government may enact additional legislation or issue executive decrees to align national practices with treaty obligations. For example, Algeria’s ratification of international environmental agreements, such as those related to climate change, has often necessitated the adoption of domestic policies and laws to meet agreed-upon standards. This process of legislative alignment demonstrates that, while Algeria’s system is primarily monist, elements of dualist practice are evident when treaties require active domestication through national law-making processes.
The role of the judiciary in treaty integration is also noteworthy. Algerian courts have the authority to interpret and apply ratified treaties in legal disputes, particularly when national laws conflict with international obligations. This judicial application of treaties reinforces their direct effect within the domestic legal order, further aligning with monist principles. However, the effectiveness of treaty enforcement often depends on the awareness and capacity of judicial and administrative bodies to recognize and apply international norms, highlighting the importance of capacity-building and legal education in ensuring the seamless integration of treaties into national law.
Algeria and the Vienna Convention on the Law of Treaties (1969)
The Vienna Convention on the Law of Treaties (VCLT), adopted in 1969, is widely regarded as the cornerstone of international treaty law. Often referred to as the “treaty on treaties,” the VCLT codifies customary international law on the formation, interpretation, amendment, and termination of treaties (United Nations, 1969). It provides a standardized framework for states to engage in treaty-making, ensuring clarity and predictability in international relations. As of current records, Algeria acceded to the VCLT on November 8, 1988, thereby becoming a party to this critical instrument of international law (United Nations Treaty Collection, 2023).
Algeria’s accession to the VCLT signifies its commitment to adhering to internationally recognized norms and procedures in treaty-making. By becoming a party to the convention, Algeria has agreed to follow the principles outlined in the VCLT, including the requirement that treaties be concluded in good faith (Article 26), the rules governing treaty interpretation (Articles 31-33), and the procedures for invalidating or terminating treaties (Articles 46-53). This alignment with the VCLT enhances Algeria’s credibility as a reliable partner in international agreements, as it demonstrates a willingness to abide by global standards.
For other countries seeking to enter into treaties with Algeria, the country’s status as a party to the VCLT provides important guidance. First, it assures foreign states that Algeria recognizes the fundamental principles of treaty law, such as pacta sunt servanda (treaties must be observed), which is central to the VCLT framework. This recognition reduces the risk of misunderstandings or disputes arising from differing interpretations of treaty obligations. Second, Algeria’s adherence to the VCLT suggests that it will follow standardized procedures for treaty negotiation, conclusion, and ratification, aligning its practices with those of other VCLT member states. For instance, under Article 11 of the VCLT, treaties can be concluded through signature, exchange of instruments, ratification, or other agreed means, and Algeria’s constitutional framework—particularly the role of the President in ratification (Article 91)—complements these provisions.
Moreover, Algeria’s participation in the VCLT offers a framework for resolving potential disputes. Articles 65-68 of the VCLT outline procedures for addressing issues related to the invalidity, termination, or suspension of treaties, providing a structured mechanism for dialogue and resolution. For states engaging with Algeria, this framework ensures that any disagreements over treaty implementation can be addressed through internationally accepted processes, reducing the likelihood of unilateral actions or escalations.
However, it is worth noting that while Algeria is a party to the VCLT, the convention’s provisions are not directly enforceable in domestic courts unless they are reflected in national law or practice. Given Algeria’s monist-leaning system, the principles of the VCLT may influence judicial and administrative interpretations of treaties, but their application remains contingent on domestic legal processes, such as publication in the Official Gazette. Therefore, foreign states should be aware that while Algeria is bound by the VCLT internationally, the domestic enforcement of treaty obligations may require additional procedural steps within the Algerian legal system.
Implications for International Partners
Understanding Algeria’s treaty-making process and its relationship with international law has significant implications for states and organizations seeking to establish formal agreements with the country. The centralized role of the President in treaty negotiation and ratification, coupled with parliamentary oversight for key agreements, indicates that international partners must engage with both executive and legislative branches to ensure the successful conclusion of treaties. Negotiations are likely to be led by the executive, often through the Ministry of Foreign Affairs, but treaties of significant scope or impact will require broader political consensus within Algeria’s bicameral Parliament.
Additionally, Algeria’s monist-leaning approach, tempered by procedural requirements such as publication, suggests that treaties will generally have direct effect in the domestic legal order once ratified and published. However, international partners should be prepared for potential delays in implementation if additional legislative or executive measures are required to align national laws with treaty obligations. Engaging with Algerian authorities to clarify timelines and processes for domestication can help mitigate such delays and ensure mutual compliance with agreed terms.
Algeria’s accession to the VCLT is a reassuring factor for international partners, as it signals a commitment to recognized standards of treaty law. States can approach negotiations with confidence that Algeria will adhere to principles of good faith and established protocols for treaty formation and interpretation. Nonetheless, partners should remain cognizant of the domestic legal steps required for treaty integration in Algeria, ensuring that agreements are not only internationally binding but also practically enforceable within the country’s legal system.
Challenges and Opportunities in Algeria’s Treaty-Making Process
While Algeria’s constitutional framework and monist-leaning approach provide a structured and internationally aligned process for treaty-making, certain challenges persist. One key challenge is the potential for bureaucratic delays in the ratification and publication process. The requirement for parliamentary approval for certain treaties, though democratically necessary, can slow down the conclusion of agreements, particularly in politically sensitive areas such as borders or financial commitments. Additionally, the need for publication in the Official Gazette and, in some cases, implementing legislation may create gaps between ratification and practical enforcement, affecting the timely fulfillment of international obligations.
Another challenge lies in ensuring consistency between national laws and international treaties. While Article 141 of the Constitution grants treaties higher authority over domestic laws, discrepancies may arise if existing legislation is not promptly updated to reflect treaty provisions. This issue is particularly relevant in fields such as human rights or environmental protection, where international standards may diverge from national practices. Addressing this challenge requires sustained efforts to harmonize laws and build institutional capacity for treaty implementation.
Despite these challenges, Algeria’s treaty-making framework offers significant opportunities for international cooperation. The country’s commitment to multilateralism, as evidenced by its active participation in the United Nations, African Union, and Arab League, creates a conducive environment for negotiating agreements on regional and global issues. Furthermore, Algeria’s adherence to the VCLT and its structured constitutional process provide a predictable and transparent basis for engagement, fostering trust among international partners.
Conclusion
Algeria’s treaty-making process is a reflection of its commitment to balancing national sovereignty with international obligations. Rooted in the 2020 Constitution, the process assigns a central role to the President in negotiating and ratifying treaties while incorporating parliamentary oversight for significant agreements. Articles 91, 140, and 141 of the Constitution provide the legal foundation for treaty conclusion and integration, establishing a hierarchy where ratified treaties hold superior authority over national laws. Algeria’s predominantly monist approach facilitates the direct application of treaties in domestic law, though procedural requirements such as publication and occasional legislative alignment introduce elements of dualism.
As a party to the Vienna Convention on the Law of Treaties (1969), Algeria aligns its treaty-making practices with international standards, enhancing its reliability as a partner in global affairs. This alignment offers valuable guidance for other states engaging with Algeria, ensuring that treaty negotiations are conducted within a framework of predictability and mutual respect for international law. While challenges such as bureaucratic delays and legislative harmonization remain, Algeria’s structured and transparent approach to treaties presents numerous opportunities for fostering international cooperation. Ultimately, understanding Algeria’s constitutional framework and international commitments is essential for building effective and enduring partnerships with this strategically important North African nation.
References
- Constitution of the People’s Democratic Republic of Algeria. (2020). Official Gazette of the Republic of Algeria.
- United Nations. (1969). Vienna Convention on the Law of Treaties. United Nations Treaty Series, Vol. 1155, p. 331.
- United Nations Treaty Collection. (2023). Status of Treaties: Vienna Convention on the Law of Treaties. Retrieved from the United Nations Treaty Collection database.
