Domestication of International Treaties in the Somali Constitutional Framework

The domestication of treaties varies across jurisdictions and is contingent upon constitutional requirements. The international law grants each country the autonomy to conduct this process in accordance with its internal laws. In accordance with the Provisional Federal Constitution of 2012, the responsibility for domestication and ratification of international treaties is exclusively vested in the Federal Government. Moreover, Article 90(q) of this Constitution acknowledges the role of the House of People in the treaty ratification process, excluding the Upper House of the Federal Parliament. Therefore, the paper advocates for a limitation on the power of domestication and ratification, emphasizing the role of the Federal Government. Additionally, it recommends granting treaty ratification authority to the Upper House of the Federal Parliament as the sole representative and agent of federal member states (FMS). Furthermore, the paper suggests that non-politically sensitive issues to be concluded by the Federal Government with no parliamentary approval for flexibility and simplicity purpose.