ABSTRACT
The power to enter into treaties under international law is a feature of the sovereignty of a state. In the United Kingdom, it is generally accepted that such power is an emanation of the prerogative. As such, the entry into treaties is regarded as a matter solely for the executive and not for parliament. A treaty is defined as a written agreement between states governed by international law.82 It will be seen in Chapter 7 that under the doctrine of parliamentary sovereignty, an Act of Parliament alone can alter domestic law. Accordingly, a treaty – being a creature of international law – cannot alter national law without being given effect by an Act of Parliament.83 It is for this reason that, inter alia, the European Communities Act 1972 was enacted to provide for the entry and application of European Community law into the United Kingdom.
