The law of treaties and its implementation in Albania

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This article specifically deals with the law of treaties and its development in Albania. In particular its Paragraph II explains the concept of the law of treaties as a branch of the international public law that regulates the processes of drafting, entry into force, becoming legally binding, implementation, interpretation, rescission of the international agreements and all other elements related to their status. It covers the historic development of the law of treaties as an essential element of international relations between states, and the codification of the norms that regulate this branch of law. Paragraph III, treats the evolution of the legal adjustment of the process of entering into international agreements in Albania. Paragraph IV covers the process of entering into international relations pursuant to Law No. 43/2016 “On the international relations in the Republic of Albania”. It lists the state authorities competent to enter into international agreements, including the President of the Republic, the Prime Minister, members of the Council of Ministers, or persons authorised by the President or the Prime Minister. It goes on to cover all stages of entering into international agreements, starting from proposal up to negotiation, including initialling, approval in principle by the Council of Ministers, signing, procedures of entering into force, notifications on the entering into force or of the repeal of an agreement. Paragraph V of the article specifically covers the stage of the entering into force of the international agreements, focusing on the importance of the correct definition of this moment from which the obligations of the parties begin. This paragraph also clarifies the differences between the procedures of ratification, of becoming a party, of acceptance or approval of international agreements. It also provides information on the procedures of notifications between parties through diplomatic channels for establishing the effective date when international agreements enter into force. Paragraph VI deals with the publication of the international agreements, focusing on the importance of this process in guaranteeing the transparency of the international agreements as a component of the domestic legislation, and their legal effects on the institutions of the Albanian state and on the Albanian citizens themselves. A specific issue covered by Paragraph VII is the role undertaken by Albania in the last years as a depositary of international agreements, indicating the increase of international engagements of our country in the region, in Europe, and beyond. As a conclusion of the article, Paragraph VIII provides opinions and recommendations on the importance of the Law of Treaties and the need for its correct understanding and implementation by state institutions, academic institutions and other actors of the Albanian society.        

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