The Illusory Implantation of Treaties: Critical Reflections on Giving Effect to Treaties in Pakistan

Abstract

Pakistan has ratified several international treaties and brought them into domestic law. However, many of these treaties have not been incorporated into the domestic laws with true letter and spirit. The relevant domestic authorities are not truly empowered, or no procedures have been created for the proper and effective implementation of many treaties. Additionally, the legislature and the judiciary have not developed a methodology to interpret treaty-based legislation following the treaty standards or in concurrence with the treaty norms. Instead, the domestic effect of treaties is limited by the interpretation of treaty-based legislation under domestic standards. Effectively, the system is based upon an illusion of rights in the absence of a comprehensive system. Through a doctrinal and comparative research methodology, this paper argues that when treaties are ratified and brought into domestic legislation, they must set up a system of honoring the commitments in a meaningful manner rather than fulfill a political slogan and false appearance or a facade. The paper suggests that Pakistan can learn from other countries where a proper mechanism is enshrined for the implantation of treaties.