Introduction
Benin, a West African nation with a rich history of governance and international engagement, plays a significant role in regional and global affairs through its treaty-making processes. As a state committed to sovereignty and international cooperation, Benin’s approach to entering into treaties is shaped by its constitutional framework, which provides the legal basis for negotiating, ratifying, and implementing international agreements. This article examines Benin’s treaty-making process within the context of its constitutional provisions, explores its approach to the incorporation of international law into national law, and investigates its relationship with the Vienna Convention on the Law of Treaties (VCLT) of 1969. By analyzing these elements, this article seeks to provide a comprehensive understanding of how Benin engages with the international community through treaties and offers insights for other states looking to establish formal agreements with the country.
The discussion is structured as follows: first, an overview of Benin’s constitutional framework for treaty-making is provided, with specific reference to relevant articles in the 1990 Constitution of Benin (as amended). Second, the article examines whether Benin adopts a monist or dualist approach to the relationship between international and national law, including the mechanisms for translating treaties into domestic legal obligations. Third, it investigates Benin’s status with respect to the VCLT 1969 and the implications of this status for treaty-making practices with other states. Finally, the article reflects on the broader implications of Benin’s treaty-making framework for international cooperation and offers recommendations for states engaging with Benin in treaty negotiations.
Constitutional Framework for Treaty-Making in Benin
Benin’s legal system operates within the framework of its 1990 Constitution, adopted on December 11, 1990, following a transition from military rule to democracy. This constitution establishes the foundational principles for the separation of powers and delineates the roles of various branches of government in the treaty-making process. The provisions related to international agreements are primarily found in Title IV, which addresses the powers of the executive and legislative branches, and Title VI, which concerns treaties and international commitments.
Article 144 of the Constitution of Benin explicitly vests the President of the Republic with the authority to negotiate and ratify treaties and international agreements. It states that the President “shall negotiate and ratify treaties and international agreements” (Constitution of Benin, 1990, Art. 144). This provision positions the President as the central figure in Benin’s treaty-making process, reflecting the executive’s role in representing the state on the international stage. However, this power is not absolute, as the Constitution imposes checks and balances to ensure democratic oversight.
Article 145 of the Constitution introduces a critical limitation on the President’s treaty-making powers by requiring parliamentary approval for certain categories of treaties before they can be ratified. Specifically, it stipulates that treaties or agreements concerning peace, trade unions, international organizations, financial commitments of the state, those modifying provisions of internal legislation, or those relating to the status of persons must be approved by the National Assembly before ratification (Constitution of Benin, 1990, Art. 145). This requirement underscores the importance of legislative involvement in ensuring that international commitments align with national interests and legal frameworks.
Furthermore, Article 146 provides an additional layer of scrutiny by allowing the Constitutional Court to review treaties for their conformity with the Constitution before ratification. According to this provision, the President or members of the National Assembly may request the Constitutional Court to assess the constitutionality of treaties or international agreements (Constitution of Benin, 1990, Art. 146). This judicial oversight serves as a safeguard against agreements that may contravene fundamental constitutional principles, ensuring that Benin’s international commitments do not undermine its domestic legal order.
The treaty-making process in Benin thus reflects a balanced distribution of powers among the executive, legislative, and judicial branches. The President initiates and negotiates treaties, the National Assembly exercises democratic control by approving significant agreements, and the Constitutional Court provides a mechanism for constitutional review. This tripartite structure ensures that treaty-making is not solely an executive prerogative but a collaborative process that upholds the principles of democratic governance and the rule of law.
Monist or Dualist Approach: Incorporation of Treaties into National Law
One of the central questions in the study of international law is whether a state adopts a monist or dualist approach to the relationship between international and national legal systems. Monism posits that international law and national law form a single legal system, with international law often taking precedence or being directly applicable within the domestic sphere. Dualism, on the other hand, views the two systems as distinct, requiring a deliberate act of incorporation, such as legislation, to transform international obligations into enforceable domestic law.
Benin’s approach to this question is predominantly monist, as reflected in its constitutional provisions and judicial practice. Article 147 of the 1990 Constitution explicitly addresses the status of international treaties within the domestic legal order. It states: “Treaties or agreements duly ratified or approved shall, upon publication, have an authority superior to that of laws, subject to their application by the other party” (Constitution of Benin, 1990, Art. 147). This provision establishes the supremacy of ratified treaties over domestic legislation, provided that the other contracting party or parties also fulfill their obligations. The direct applicability of treaties upon ratification and publication is a hallmark of monist systems, where international law is integrated into the national legal framework without the need for additional legislative action.
However, while Benin leans toward monism in principle, the practical implementation of treaties often reveals nuances that suggest elements of dualism. For instance, certain treaties, particularly those requiring changes to existing laws or the creation of new legal frameworks, may necessitate enabling legislation by the National Assembly to ensure their effective application within the domestic context. This is especially relevant for treaties under Article 145, which require parliamentary approval due to their impact on internal legislation or financial commitments. In such cases, the process of translating treaty obligations into national law mirrors dualist practices, as it involves a deliberate act of domestication through legislative measures.
Judicial decisions in Benin further illuminate this hybrid approach. The Constitutional Court has, on several occasions, upheld the supremacy of duly ratified treaties over conflicting national laws, in line with Article 147. However, the Court has also emphasized the importance of ensuring that treaty provisions are compatible with constitutional norms, as per Article 146. This balancing act suggests that while Benin embraces the monist principle of direct applicability, it retains mechanisms to safeguard national sovereignty and constitutional integrity, akin to dualist safeguards.
In summary, Benin’s approach to the incorporation of treaties can be characterized as primarily monist, with ratified treaties enjoying direct authority over domestic laws upon publication. Nevertheless, the requirement for parliamentary approval for certain agreements and the potential need for enabling legislation introduce dualist elements into the process. This hybrid model allows Benin to engage meaningfully with international law while maintaining control over the domestic impact of its international commitments.
Benin and the Vienna Convention on the Law of Treaties (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 foundational framework for the creation, interpretation, and application of treaties under international law. Often referred to as the “treaty on treaties,” the VCLT codifies customary international law principles and provides comprehensive guidelines on treaty-making processes, including negotiation, ratification, reservation, and termination (VCLT, 1969). Given its global significance, a state’s status as a party to the VCLT can influence how it engages with other nations in treaty-making and can signal its commitment to international legal norms.
Benin is a party to the Vienna Convention on the Law of Treaties, having acceded to it on July 25, 1974, prior to the treaty’s entry into force. This accession underscores Benin’s commitment to adhering to internationally recognized standards for treaty-making and its willingness to be bound by the VCLT’s provisions. As a party to the Convention, Benin’s treaty-making practices are expected to align with the rules and principles enshrined in the VCLT, including the obligation to negotiate in good faith (Art. 26, VCLT), the prohibition on invoking internal law as justification for failure to perform a treaty (Art. 27, VCLT), and the interpretive guidelines for treaty provisions (Art. 31-33, VCLT).
Benin’s status as a party to the VCLT has several implications for other countries seeking to enter into treaties with it. First, it provides a degree of predictability and stability in treaty negotiations, as Benin’s processes are guided by the VCLT’s standardized framework. For instance, other states can expect that Benin will adhere to the principle of pacta sunt servanda (treaties must be performed in good faith), ensuring that agreements are honored unless terminated or invalidated under the terms of the VCLT. Second, Benin’s adherence to the VCLT facilitates dispute resolution in the event of disagreements over treaty interpretation or application, as the Convention provides a common set of rules to guide such processes.
For countries that are not parties to the VCLT, such as the United States, which has signed but not ratified the Convention, engaging with Benin in treaty-making may require an understanding of the VCLT’s principles as customary international law. Many provisions of the VCLT, including those related to treaty formation and interpretation, are considered reflective of customary norms and are thus binding even on non-party states. Therefore, states engaging with Benin should be prepared to align their practices with these principles to ensure smooth cooperation. For example, a non-party state negotiating a bilateral treaty with Benin should ensure that its internal processes for ratification and implementation are compatible with Benin’s expectations under the VCLT, thereby avoiding potential conflicts.
Moreover, Benin’s membership in the VCLT signals its openness to multilateral engagement and its commitment to international legal standards. This can serve as a model for other African states or developing nations considering accession to the Convention. By aligning its treaty-making practices with the VCLT, Benin contributes to the coherence and consistency of international law, fostering trust and collaboration with other states.
Implications for International Cooperation
Benin’s treaty-making framework, rooted in its 1990 Constitution and reinforced by its adherence to the VCLT, offers valuable lessons for international cooperation. The balanced distribution of powers among the executive, legislative, and judicial branches ensures that treaty-making is a deliberative process that reflects national consensus and constitutional values. This democratic approach enhances the legitimacy of Benin’s international commitments and provides assurance to partner states that agreements are unlikely to be unilaterally rescinded or disregarded.
The primarily monist nature of Benin’s legal system, with the direct applicability of treaties upon ratification, simplifies the process of implementing international obligations for partner states. However, the requirement for parliamentary approval for certain treaties and the potential need for enabling legislation mean that other states must be mindful of the time and procedural requirements involved in concluding agreements with Benin. Early consultation with Beninese authorities on the nature of the treaty and its domestic implications can help streamline the process and avoid delays.
Benin’s status as a party to the VCLT further enhances its attractiveness as a treaty partner. States can engage with Benin with confidence that its practices are aligned with widely accepted international norms, reducing the risk of misunderstandings or disputes. For states that are also parties to the VCLT, this shared legal framework provides a solid foundation for cooperation. For non-party states, familiarity with the VCLT’s core principles—many of which are part of customary international law—remains essential for effective engagement.
At the regional level, Benin’s treaty-making framework supports its active role in organizations such as the Economic Community of West African States (ECOWAS) and the African Union (AU). Many of Benin’s international commitments arise from its membership in these bodies, and its constitutional provisions ensure that such agreements are subject to the same rigorous scrutiny as bilateral treaties. This consistency strengthens Benin’s position as a reliable partner in regional initiatives, particularly in areas such as trade, security, and human rights.
Challenges and Recommendations
Despite the strengths of Benin’s treaty-making framework, several challenges persist. One significant issue is the potential for delays in the ratification process due to the requirement for parliamentary approval for certain treaties. While this democratic oversight is essential, it can slow down the conclusion of urgent agreements, particularly in times of crisis or when rapid international cooperation is needed. To address this, Benin could consider establishing expedited procedures for specific categories of treaties, while still maintaining legislative scrutiny.
Another challenge lies in the implementation of treaties that require changes to domestic legislation. Although Benin’s monist approach allows for the direct applicability of treaties, the practical enforcement of certain obligations may be hindered by delays in enacting enabling laws or by inconsistencies between international commitments and existing national frameworks. Strengthening coordination between the executive and legislative branches, as well as enhancing capacity for legal drafting, could help mitigate these issues.
For other states engaging with Benin, a proactive approach is recommended. Partner states should conduct thorough research on Benin’s constitutional requirements for treaty-making and ratification, particularly the categories of agreements requiring parliamentary approval under Article 145. Engaging in dialogue with Beninese officials early in the negotiation process can help clarify expectations and timelines, ensuring that the treaty-making process proceeds smoothly. Additionally, states should leverage Benin’s adherence to the VCLT by aligning their practices with its principles, thereby fostering mutual understanding and trust.
Conclusion
Benin’s treaty-making process is a robust and democratic system shaped by the provisions of its 1990 Constitution and its commitment to international legal norms through the Vienna Convention on the Law of Treaties. The constitutional framework, which distributes treaty-making powers among the President, National Assembly, and Constitutional Court, ensures that international agreements are concluded with transparency and accountability. Benin’s predominantly monist approach to the incorporation of treaties, coupled with elements of dualist practice for specific agreements, reflects a balanced engagement with international law that prioritizes both global cooperation and national sovereignty.
As a party to the VCLT, Benin offers a predictable and standardized framework for treaty-making, providing reassurance to partner states and contributing to the coherence of international legal relations. For other countries seeking to enter into treaties with Benin, understanding its constitutional requirements and alignment with the VCLT is essential for successful collaboration. By addressing challenges such as procedural delays and implementation gaps, Benin can further strengthen its position as a reliable and influential actor on the international stage. Ultimately, Benin’s treaty-making framework serves as a model of how domestic legal systems can harmonize with international obligations, fostering mutual benefit and cooperation in an interconnected world.
References
- Constitution of the Republic of Benin. (1990, December 11). Adopted by referendum. Available in official translations and national archives.
- Vienna Convention on the Law of Treaties. (1969, May 23). United Nations, Treaty Series, vol. 1155, p. 331. Retrieved from United Nations Treaty Collection database.
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