Navigating International Agreements: How Equatorial Guinea Enters Treaties Under Its Constitution and Existing Conventions

Introduction

International treaties and agreements constitute a cornerstone of modern diplomacy, enabling states to cooperate on issues ranging from trade and security to human rights and environmental protection. For a state to participate in such agreements, its internal legal framework must provide a clear process for entering into, ratifying, and implementing treaties. This article examines the mechanisms through which Equatorial Guinea, a small yet geopolitically significant state in Central Africa, engages in international agreements under its Constitution and relevant international conventions. Specifically, it explores the constitutional provisions governing treaty-making, assesses whether Equatorial Guinea adopts a monist or dualist approach to integrating international law into its domestic legal system, and evaluates the country’s status concerning the Vienna Convention on the Law of Treaties (VCLT) of 1969. Additionally, it discusses the implications of these factors for other states seeking to enter into treaties with Equatorial Guinea.

Equatorial Guinea, with its unique history of colonial rule under Spain until achieving independence in 1968, operates under a legal system influenced by civil law traditions. Its Constitution, last comprehensively revised in 2012 following a referendum, provides the primary framework for treaty-making powers. This article aims to elucidate the procedural and substantive aspects of treaty engagement in Equatorial Guinea, offering a detailed analysis for scholars, policymakers, and international actors. The discussion is divided into several key sections: the constitutional framework for treaty-making, the monist or dualist nature of its legal system, the status of Equatorial Guinea with respect to the VCLT 1969, and practical implications for international cooperation.

Constitutional Framework for Treaty-Making in Equatorial Guinea

The Constitution of Equatorial Guinea, as amended in 2012, serves as the supreme legal document delineating the powers and responsibilities of state institutions, including those related to international agreements. The treaty-making process in Equatorial Guinea is primarily governed by provisions found in Title II, which addresses the powers of the President, and Title III, concerning the roles of the Parliament. Understanding these provisions is crucial to appreciating how the country navigates the complexities of international law.

According to Article 33 of the Constitution of Equatorial Guinea, the President of the Republic is the head of state and holds the authority to represent the nation in international relations. This includes the power to negotiate and sign treaties and international agreements on behalf of the state. The President’s role in treaty-making is thus central, reflecting a common practice in many civil law systems where executive authority is vested with significant discretion in foreign affairs. However, this power is not absolute and is subject to constitutional checks and balances, particularly through the involvement of the legislative branch.

Article 59 of the Constitution elaborates on the role of the Parliament, specifically the Chamber of Deputies and the Senate, in the treaty-making process. It stipulates that certain categories of treaties require parliamentary approval before they can be ratified. These include treaties affecting territorial integrity, fundamental rights, or those imposing financial obligations on the state. This requirement for legislative consent ensures a democratic element in the treaty-making process, aligning with principles of separation of powers. For treaties of lesser significance or those deemed to be within the executive’s routine diplomatic functions, the President may proceed with ratification without parliamentary approval, as implied under Article 33.

Furthermore, Article 8 of the Constitution establishes the principle of respect for international law and affirms Equatorial Guinea’s commitment to the principles enshrined in the Charter of the United Nations and the African Union. This provision indicates a general disposition towards international cooperation and adherence to norms governing treaties, although the specific mechanics of treaty incorporation are detailed elsewhere in the Constitution. Notably, Article 94, concerning the judiciary, does not directly address treaties but implies that the courts may consider international obligations in their rulings if such obligations have been duly integrated into national law—a point that will be explored further in the discussion on monism and dualism.

The treaty-making process in Equatorial Guinea can be summarized as follows: the President negotiates and signs international agreements, often through the Ministry of Foreign Affairs; for significant treaties, parliamentary approval is sought; and upon ratification, the treaty becomes binding on the state under international law. However, the integration of treaty obligations into domestic law raises questions about whether Equatorial Guinea follows a monist or dualist approach, a topic that requires careful analysis of constitutional text and practice.

Monist or Dualist Approach to Treaties in Equatorial Guinea

The distinction between monist and dualist approaches to international law is fundamental to understanding how treaties are translated into national legal systems. In a monist system, international law is automatically incorporated into domestic law upon ratification of a treaty, often taking precedence over conflicting national legislation. In contrast, a dualist system requires an additional act of domestic legislation to transform treaty obligations into enforceable domestic law, thereby maintaining a separation between international and national legal orders.

In the case of Equatorial Guinea, the Constitution does not explicitly state whether the country adheres to a monist or dualist framework. However, a closer examination of constitutional provisions and legal practice suggests a dualist approach. Article 8 of the Constitution, while affirming respect for international law, does not grant treaties automatic direct effect within the domestic legal system. Instead, the requirement for parliamentary approval for certain treaties, as outlined in Article 59, implies that legislative action is often necessary to give effect to international obligations, particularly those impacting domestic law or policy.

Legal scholars have noted that many civil law jurisdictions, including those influenced by Spanish legal traditions as in Equatorial Guinea, tend to adopt a dualist stance due to the historical emphasis on the sovereignty of national legislatures (Crawford, 2012). In practice, this means that for a treaty to be enforceable in Equatorial Guinea’s courts, it must be transposed into national law through enabling legislation or other domestic legal instruments. For instance, treaties concerning human rights or economic cooperation may require the passage of specific laws or amendments to existing statutes to align domestic frameworks with international commitments.

This dualist orientation is further evidenced by the limited direct invocation of international treaties in Equatorial Guinea’s judicial decisions. While the judiciary, under Article 94, is tasked with upholding the Constitution and the law, there is scant evidence in publicly available case law that courts routinely apply international treaties as superior or directly applicable law absent domestic legislation. This contrasts with monist systems where ratified treaties might immediately become part of the legal fabric without further legislative action (Cassese, 2005).

However, it is worth noting a potential nuance in Equatorial Guinea’s approach. Article 13 of the Constitution, which guarantees fundamental rights and freedoms, references international human rights instruments as a source of interpretation. This suggests that in specific contexts, particularly human rights, there may be a limited monist tendency where international norms are invoked to bolster constitutional protections without requiring separate legislation. Nevertheless, such instances appear to be exceptions rather than the rule, and the predominant approach remains dualist, requiring explicit domestic legal action to give effect to most treaty obligations.

The dualist framework has significant implications for how Equatorial Guinea navigates international agreements. It ensures that the national legislature retains control over the domestic impact of treaties, safeguarding sovereignty but potentially delaying the implementation of international obligations if legislative processes are slow or contentious. For other states engaging with Equatorial Guinea, this means that treaty commitments may not immediately translate into enforceable domestic law and may require monitoring of subsequent national legislation to ensure full compliance.

Equatorial Guinea 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 authoritative framework for the formation, interpretation, and termination of treaties under international law. Adopted on May 23, 1969, and entering into force on January 27, 1980, the VCLT codifies customary international law on treaties and provides a set of rules for their operation (United Nations, 1969). As of the latest available data, 116 states have ratified or acceded to the VCLT, though many others recognize its provisions as reflective of customary international law even if they are not formal parties.

Equatorial Guinea is not a party to the Vienna Convention on the Law of Treaties 1969. According to the United Nations Treaty Collection, Equatorial Guinea has neither signed nor ratified the VCLT as of the most recent updates. This status places Equatorial Guinea among a minority of states that have not formally committed to the treaty, which may raise questions about the legal framework it applies when entering into international agreements.

However, the absence of formal accession to the VCLT does not necessarily imply a rejection of its principles. Many provisions of the VCLT are considered to embody customary international law, which is binding on all states regardless of whether they are parties to the Convention (Sinclair, 1984). For instance, rules concerning the conclusion of treaties (Articles 6-18 of the VCLT), the principle of pacta sunt servanda (Article 26), and the interpretation of treaties (Articles 31-33) are widely accepted as customary norms. Equatorial Guinea, in its diplomatic practice, likely adheres to these principles, as reflected in its engagement with multilateral agreements under the United Nations and the African Union frameworks.

The non-party status of Equatorial Guinea to the VCLT has practical implications for other states seeking to enter into treaties with it. First, while the VCLT provides a standardized approach to treaty law, Equatorial Guinea may rely on customary international law or bilateral negotiations to address issues such as treaty interpretation or dispute resolution, which could lead to variations in practice compared to VCLT-bound states. Second, other states should be aware that Equatorial Guinea’s internal processes for treaty ratification and implementation, governed by its dualist constitutional framework, remain paramount and are not directly influenced by VCLT obligations.

For states that are parties to the VCLT, entering into treaties with Equatorial Guinea requires attention to ensuring mutual understanding of key principles, such as the scope of treaty obligations and mechanisms for amendment or termination. It may be prudent to explicitly incorporate VCLT principles into bilateral or multilateral agreements with Equatorial Guinea to minimize ambiguity, even though the country is not formally bound by the Convention. Additionally, international actors should recognize that Equatorial Guinea’s commitment to treaties is likely guided by customary norms and its constitutional provisions rather than the codified rules of the VCLT.

Practical Implications for International Cooperation

Understanding Equatorial Guinea’s treaty-making process and legal approach to international agreements is essential for fostering effective cooperation. This section discusses practical considerations for states and international organizations engaging with Equatorial Guinea, particularly in light of its constitutional framework, dualist system, and non-party status to the VCLT.

First, the central role of the President in treaty negotiations, as per Article 33 of the Constitution, underscores the importance of engaging with the executive branch during diplomatic discussions. International actors should prioritize direct communication with the Presidency or the Ministry of Foreign Affairs to initiate and advance treaty negotiations. However, for treaties requiring parliamentary approval under Article 59, stakeholders must be prepared for potential delays, as legislative processes in Equatorial Guinea may be influenced by political dynamics or other domestic priorities.

Second, the dualist nature of Equatorial Guinea’s legal system necessitates a focus on domestic implementation post-ratification. Other states should monitor whether ratified treaties are followed by enabling legislation or other legal measures to ensure that commitments are enforceable within Equatorial Guinea. This is particularly relevant for agreements involving trade, investment, or human rights, where domestic legal alignment is critical for practical outcomes. International partners may consider capacity-building initiatives or technical assistance to support Equatorial Guinea in translating treaty obligations into national law.

Third, Equatorial Guinea’s non-party status to the VCLT suggests a need for clarity in treaty drafting and negotiation. States should explicitly address key issues such as interpretation, dispute resolution mechanisms, and termination clauses within the text of agreements to avoid reliance on potentially divergent customary practices. Incorporating references to widely accepted customary norms or even VCLT principles by mutual consent can provide a stable foundation for treaty relations, despite Equatorial Guinea’s formal absence from the Convention.

Finally, Equatorial Guinea’s broader commitment to international cooperation, as expressed in Article 8 of its Constitution, indicates a willingness to engage in multilateral frameworks. The country is an active member of the African Union and has ratified numerous regional and international treaties, including those on human rights and economic cooperation. This suggests that while procedural and systemic challenges exist, there is a foundational openness to treaty-based collaboration that can be leveraged by international partners.

Conclusion

Navigating international agreements with Equatorial Guinea requires a nuanced understanding of its constitutional framework, legal approach to treaties, and position regarding key international conventions like the VCLT 1969. The Constitution of Equatorial Guinea assigns significant treaty-making powers to the President under Article 33, with checks through parliamentary approval for major agreements under Article 59. The country’s dualist approach to international law means that treaties generally require domestic legislative action to become enforceable, a process that can influence the pace and effectiveness of international commitments. Furthermore, while Equatorial Guinea is not a party to the VCLT, it likely adheres to customary international law principles in its treaty practices, necessitating careful negotiation to ensure mutual understanding with VCLT-bound states.

For scholars and practitioners of international law, Equatorial Guinea presents a case study in the interplay between national legal systems and global norms. Its treaty-making process reflects broader trends in civil law jurisdictions, where executive discretion and legislative oversight balance the demands of sovereignty and international cooperation. Future research could explore specific case studies of treaties ratified by Equatorial Guinea to assess the consistency of implementation and the role of judicial interpretation in treaty application. For now, international actors are advised to approach treaty negotiations with Equatorial Guinea with a clear grasp of its constitutional mandates and practical realities, fostering partnerships that respect both national processes and shared global objectives.

References

• Cassese, A. (2005). International Law (2nd ed.). Oxford University Press.
• Constitution of Equatorial Guinea (2012). Official Gazette of the Republic of Equatorial Guinea.
• Crawford, J. (2012). Brownlie’s Principles of Public International Law (8th ed.). Oxford University Press.
• Sinclair, I. (1984). The Vienna Convention on the Law of Treaties (2nd ed.). Manchester University Press.
• United Nations. (1969). Vienna Convention on the Law of Treaties. Treaty Series, vol. 1155, p. 331.
• United Nations Treaty Collection. Status of Treaties: Vienna Convention on the Law of Treaties. Retrieved from https://treaties.un.org/