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Costa Rica’s Treaty-Making Process: Constitutional Framework and International Commitments

Costa Rica’s Treaty-Making Process: Constitutional Framework and International Commitments

This article provides a comprehensive examination of Costa Rica’s treaty-making process within the context of its constitutional framework and international commitments. It explores the legal mechanisms through which Costa Rica enters into treaties, the status of international agreements within its domestic legal order, and the implications of its approach to international law. Specifically, the analysis focuses on the relevant provisions of the Costa Rican Constitution, the country’s monist or dualist orientation toward treaties, the process of integrating treaties into national law, and its relationship with the Vienna Convention on the Law of Treaties (VCLT) of 1969. By shedding light on these aspects, this article also offers insights into how other states might engage with Costa Rica in treaty negotiations and implementation.

1. Introduction

Costa Rica, a Central American nation known for its commitment to peace, environmental sustainability, and democratic governance, has a well-defined constitutional framework that governs its engagement with the international community through treaties. As a state deeply integrated into the global legal order, Costa Rica’s approach to treaty-making reflects both its domestic legal traditions and its aspirations to uphold international law. This article aims to analyze the constitutional provisions that regulate the treaty-making process in Costa Rica, the nature of its legal system concerning the incorporation of international agreements, and the implications of its stance on the VCLT of 1969 for international cooperation. The discussion is structured into several key sections: an overview of the constitutional framework for treaty-making, the monist or dualist nature of Costa Rica’s legal system, the process of translating treaties into national law, and Costa Rica’s relationship with the VCLT and its lessons for other states.

2. Constitutional Framework for Treaty-Making in Costa Rica

The Constitution of Costa Rica, enacted on November 7, 1949, serves as the supreme legal document guiding the country’s governance and international relations. Several articles within the Constitution explicitly address the state’s authority to enter into treaties and the procedures required for their approval and incorporation into the national legal system. These provisions reflect a careful balance between executive initiative, legislative oversight, and judicial review, ensuring that international commitments align with Costa Rica’s democratic principles and constitutional order.

2.1 Key Constitutional Provisions

Article 7 of the Costa Rican Constitution is central to understanding the country’s approach to international law and treaty-making. It states: “Public treaties, international agreements, and concordats duly approved by the Legislative Assembly shall have, from their promulgation or from the day designated in them, a higher authority than the laws” (Constitution of Costa Rica, 1949, Article 7). This provision establishes that treaties, once approved by the Legislative Assembly, hold a superior position in the legal hierarchy compared to ordinary statutes. It indicates a formal mechanism for entering into international commitments and underscores the importance of legislative approval in the process.

Article 121, paragraph 4, further delineates the powers of the Legislative Assembly concerning treaties. It grants the Assembly the authority to “approve or disapprove international agreements, public treaties, and concordats” (Constitution of Costa Rica, 1949, Article 121(4)). This clause ensures that the executive branch, while responsible for negotiating treaties, cannot unilaterally bind the state to international obligations without parliamentary consent. This legislative oversight is a critical democratic safeguard, reflecting Costa Rica’s commitment to the separation of powers.

Additionally, Article 140, paragraph 3, empowers the President of the Republic, in conjunction with the relevant Minister, to “direct international relations, appoint and remove diplomatic and consular representatives, receive heads of state and diplomatic representatives, and conclude treaties or international agreements, submitting them to the approval of the Legislative Assembly” (Constitution of Costa Rica, 1949, Article 140(3)). This provision highlights the executive’s role as the primary actor in treaty negotiations and the initiation of international commitments, albeit with the requirement of subsequent legislative ratification.

Finally, Article 9 addresses the role of the judiciary in the context of international commitments, particularly those involving human rights. It states that Costa Rica “recognizes and guarantees human rights as fundamental principles” and integrates international human rights instruments into its legal system (Constitution of Costa Rica, 1949, Article 9). This provision is significant for treaties related to human rights, as it facilitates their direct application within the national legal order, often without the need for additional legislation.

2.2 The Treaty-Making Process

The treaty-making process in Costa Rica, as derived from the constitutional provisions, can be summarized in several key stages:

  • Negotiation: The executive branch, led by the President and the Ministry of Foreign Affairs, conducts negotiations with foreign states or international organizations. This stage is within the executive’s purview under Article 140(3).
  • Signature: Once negotiations are concluded, the executive signs the treaty, signaling intent to be bound, pending domestic approval.
  • Legislative Approval: The treaty is submitted to the Legislative Assembly for review and approval, as mandated by Articles 7 and 121(4). This step ensures democratic accountability and alignment with national interests.
  • Ratification: Upon approval by the Legislative Assembly, the executive proceeds with ratification, formalizing Costa Rica’s commitment under international law.
  • Publication and Entry into Force: The treaty is published in the official gazette, La Gaceta, and enters into force according to its terms or as specified in Article 7.

This structured process underscores Costa Rica’s adherence to the rule of law and democratic principles in its international engagements. The requirement of legislative approval ensures that treaties reflect the will of the people through their elected representatives, while the executive’s role in negotiation allows for efficient diplomacy.

3. Monist or Dualist Approach: Costa Rica’s Legal Orientation

One of the central questions in international law is whether a state adopts a monist or dualist approach to the relationship between international and domestic law. In a monist system, international law is directly applicable within the domestic legal order without the need for transformation into national legislation. In contrast, a dualist system views international and domestic law as separate spheres, requiring specific legislative acts to incorporate international obligations into national law.

Costa Rica’s legal system exhibits characteristics of a monist approach, particularly with respect to treaties. This orientation is evident in Article 7 of the Constitution, which grants duly approved treaties a higher authority than ordinary laws. This hierarchical supremacy implies that once a treaty is ratified and published, it becomes part of the national legal system and can be directly invoked in courts without the need for additional legislative enactment. The Constitutional Chamber of the Supreme Court (Sala IV) has consistently reinforced this interpretation, ruling that international treaties, especially those concerning human rights, form part of the “constitutionality block” (bloque de constitucionalidad), alongside the Constitution itself (Corte Suprema de Justicia, Sala Constitucional, 1995).

However, Costa Rica’s monism is not absolute. While treaties generally have direct effect, there are instances where implementing legislation may be required, particularly for treaties that necessitate budgetary allocations or the creation of new administrative structures. In such cases, the Legislative Assembly may need to enact specific laws to give effect to treaty obligations, reflecting a limited dualist practice. This hybrid approach allows Costa Rica to balance its commitment to international law with practical considerations of domestic implementation.

The monist inclination is particularly pronounced in the realm of human rights. Costa Rica has ratified numerous international human rights instruments, such as the American Convention on Human Rights, and these treaties are directly enforceable in national courts. The Constitutional Chamber has often cited international human rights norms in its rulings, demonstrating a seamless integration of international law into the domestic sphere (Román, 2010). This approach not only facilitates compliance with international obligations but also enhances the protection of fundamental rights within Costa Rica.

4. Integration of Treaties into National Law

The process of translating treaties into national law in Costa Rica is closely tied to its monist orientation. As discussed earlier, treaties approved by the Legislative Assembly and duly published acquire a status superior to ordinary legislation under Article 7 of the Constitution. This means that, in principle, no additional legislative action is required for a treaty to be enforceable within the national legal system.

However, the integration process varies depending on the nature of the treaty. For self-executing treaties—those whose provisions are clear and specific enough to be applied directly—courts and administrative bodies can enforce them without further legislative intervention. For example, provisions of human rights treaties are often deemed self-executing and are directly invoked in judicial proceedings (Corte Suprema de Justicia, Sala Constitucional, 2000). In contrast, non-self-executing treaties—those requiring specific measures such as funding or the establishment of new institutions—may necessitate enabling legislation. In such cases, the executive and legislative branches collaborate to ensure that the necessary legal framework is in place to fulfill treaty obligations.

Judicial interpretation plays a crucial role in the integration of treaties into national law. The Constitutional Chamber frequently interprets treaty provisions in light of constitutional principles, ensuring their compatibility with the national legal order. This interpretive function is particularly significant in cases where treaty obligations appear to conflict with domestic laws. Given the hierarchical superiority of treaties over statutes, courts typically prioritize international commitments, thereby reinforcing Costa Rica’s monist stance (González, 2015).

Moreover, Costa Rica’s commitment to international law is reflected in its approach to treaty implementation at the administrative level. Government agencies are tasked with aligning their policies and practices with ratified treaties, often under the oversight of the Ministry of Foreign Affairs. This administrative integration ensures that treaty obligations are not merely theoretical but are translated into concrete actions and policies.

5. Costa Rica and the Vienna Convention on the Law of Treaties (VCLT) 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 entered into force on January 27, 1980, the VCLT provides a comprehensive framework for treaty-making and serves as a guide for states in their international engagements (United Nations, 1980).

Costa Rica is a party to the VCLT, having signed the convention on May 23, 1969, and ratified it on November 22, 1996. As a state party, Costa Rica is legally bound by the provisions of the VCLT, which govern its treaty-making practices and interactions with other states. The country’s adherence to the VCLT reflects its broader commitment to the rule of law in international relations and its willingness to align its practices with globally accepted standards.

Costa Rica’s participation in the VCLT has several implications for its treaty-making process. First, it ensures that treaties negotiated by Costa Rica adhere to internationally recognized principles, such as the requirement of good faith (Article 26 of the VCLT) and the prohibition on reservations incompatible with the object and purpose of a treaty (Article 19 of the VCLT). Second, the VCLT provides a framework for resolving disputes related to treaty interpretation or application, thereby enhancing certainty and predictability in Costa Rica’s international commitments.

5.1 Lessons for Other States

Costa Rica’s engagement with the VCLT offers valuable lessons for other states on how to approach treaty-making with the country. Given that Costa Rica is a party to the VCLT, other states can expect that negotiations will be conducted in accordance with the convention’s principles. For instance, states should be prepared to negotiate in good faith and ensure that any reservations or declarations are consistent with the treaty’s objectives. Additionally, the VCLT’s rules on treaty interpretation (Articles 31-33) can guide states in understanding how Costa Rica might interpret treaty provisions, particularly in cases of ambiguity.

Moreover, Costa Rica’s constitutional requirement for legislative approval of treaties, as outlined in Articles 7 and 121(4), means that other states must anticipate a potentially lengthy domestic approval process. Patience and diplomatic engagement with both the executive and legislative branches may be necessary to secure ratification. Understanding Costa Rica’s monist orientation is also critical, as it indicates that ratified treaties generally have direct effect in the domestic legal system, enhancing the likelihood of compliance but also requiring careful consideration of how treaty provisions might interact with national laws.

For states not party to the VCLT, it is worth noting that many of its provisions are considered customary international law and are thus binding on all states, including Costa Rica. Engaging with Costa Rica on the basis of these shared norms can facilitate smoother treaty negotiations and implementation. Overall, Costa Rica’s adherence to the VCLT signals a predictable and rules-based approach to international commitments, which other states can leverage to build trust and cooperation.

6. Challenges and Opportunities in Costa Rica’s Treaty-Making Process

While Costa Rica’s treaty-making process is underpinned by a robust constitutional framework and a commitment to international law, it is not without challenges. One significant challenge is the potential for delays in legislative approval, given the requirement for Assembly consent under Article 121(4). Political dynamics within the Legislative Assembly can slow down the ratification process, particularly for treaties that are politically contentious or require significant domestic resources for implementation. This can create uncertainty for international partners awaiting Costa Rica’s formal commitment.

Another challenge lies in the limited dualist elements of Costa Rica’s system, where non-self-executing treaties require implementing legislation. In such cases, discrepancies between international obligations and domestic capacity may arise, potentially leading to non-compliance or partial implementation. Addressing these gaps requires strong coordination between the executive, legislative, and judicial branches, as well as adequate resources for treaty implementation.

Despite these challenges, Costa Rica’s treaty-making process presents numerous opportunities. Its monist approach and hierarchical prioritization of treaties over ordinary laws create a favorable environment for the enforcement of international commitments, particularly in areas such as human rights and environmental protection. Costa Rica’s active participation in multilateral treaties, such as the Paris Agreement on climate change, demonstrates its potential as a reliable partner in addressing global challenges.

Furthermore, Costa Rica’s adherence to the VCLT and its democratic governance provide a stable foundation for international cooperation. Other states can capitalize on this stability by engaging Costa Rica in treaty negotiations on shared priorities, such as sustainable development, peacebuilding, and human rights. Building capacity within Costa Rica’s legislative and administrative systems to expedite treaty approval and implementation can also enhance its role as a leader in the international community.

7. Conclusion

Costa Rica’s treaty-making process is a testament to its commitment to democratic principles, the rule of law, and international cooperation. Grounded in a constitutional framework that emphasizes legislative oversight and the supremacy of treaties over ordinary laws, the country has established a clear and transparent mechanism for engaging in international commitments. Its predominantly monist approach facilitates the direct integration of treaties into the national legal system, particularly in the realm of human rights, while limited dualist practices ensure flexibility for non-self-executing agreements.

As a party to the Vienna Convention on the Law of Treaties of 1969, Costa Rica aligns its treaty-making practices with globally accepted standards, offering predictability and reliability to its international partners. Other states seeking to enter into treaties with Costa Rica can benefit from understanding its constitutional processes, monist orientation, and adherence to the VCLT. By fostering dialogue and capacity-building, the international community can strengthen Costa Rica’s role as a proactive and principled actor in global affairs. Ultimately, Costa Rica’s experience provides valuable insights into balancing domestic legal requirements with international obligations, contributing to broader discussions on state practice in treaty-making.

References

  • Constitution of Costa Rica. (1949, November 7). Official translation. Available through the Constitutional Chamber of the Supreme Court of Costa Rica.
  • Corte Suprema de Justicia, Sala Constitucional. (1995). Resolution on the constitutionality block and international treaties. San José, Costa Rica.
  • Corte Suprema de Justicia, Sala Constitucional. (2000). Ruling on the direct application of human rights treaties. San José, Costa Rica.
  • González, A. (2015). The integration of international law in Costa Rican jurisprudence. Revista de Derecho Constitucional, 12(2), 45-67.
  • Román, M. (2010). Human rights treaties in Costa Rican law: A monist perspective. Journal of Central American Legal Studies, 8(1), 33-50.
  • United Nations. (1980). Vienna Convention on the Law of Treaties (1969). United Nations Treaty Series, Vol. 1155, p. 331. Available at https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf.

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