International Agreements in Qatar and their impact on National Law

What are International Agreements?

International agreements are the agreements concluded between two or more States and governed by the rules of public international law, in accordance with the provisions of the 1969 Vienna Convention.

Article 2 of the Convention stipulates that a treaty is:

“An international agreement concluded in writing between two or more States, intended to produce legal effects and governed by public international law.”

Elements of International Agreements

For an agreement to be of an international nature, the following elements must be satisfied:

1. An agreement between international parties: This includes states or international organizations.
2. It must be in a written form: Whether in a single document or multiple documents.
3. To be concluded in accordance with international law: The agreement shall be concluded in compliance with international rules.
4. Creation of legal effects: Its purpose is to create legal obligations between the parties.

The Importance and Authority of International Agreements for States

International agreements are considered a form of international obligation that affects national laws, especially after the 1969 Vienna Convention. Prior to this date, states were free from international obligations based on their domestic laws.

However, with the development of the international system, states are obliged to respect and implement the treaties they sign, and some of the most prominent provisions stipulated in international conventions are:

• The treaty must be implemented domestically: States are obligated to amend or repeal domestic laws that are inconsistent with the signed agreements.
• Respect for treaties: A treaty is deemed binding upon all states that are parties to it, which holds true for the State of Qatar.

International Agreements and the Qatari Constitution 

The Qatari Constitution stipulates the importance of respecting and implementing international agreements as follows:

1- Article 6:

“The State shall respect international charters and covenants, and shall strive to implement all international agreements and covenants to which it is a party.”

2- Article (68):

The Emir concludes international treaties by decree, and they shall have the power of law after ratification and publication in the Official Gazette.

Agreements of a sovereign nature

Some agreements require the issuance of a special law by the Shura Council to enter into force, such as:

• Peace treaties.
• Agreements related to the state’s territory or sovereignty.
• Agreements affecting the public and private rights of citizens.

Entry into force of an international agreement into national law

The entry into force of an international agreement means its entry into the domestic legal system of the state, so that it becomes part of the binding national laws.
As a result:

• The obligation of the state and its apparatus to implement the provisions of the agreement.
• The agreement must be applied to individuals within the state.

The following conditions must be fulfilled in order to enforce the agreement in Qatar:

1. It must be presented to the Shura Council.
2. Ratification by Emir of Qatar.
3. Publication in the Official Gazette.

Once these conditions are fulfilled, the agreement is considered to have the force of domestic law and is binding on all state institutions and authorities, including the judiciary.

The relationship between international agreements and the constitutionality of laws

Modern states adopt the principle of monitoring the constitutionality of laws to ensure that legislation conforms to the constitution.

International treaties are considered part of this monitoring, due to the following:

• The supremacy of the constitutional rule over domestic laws.
• The necessity for agreements not to be inconsistent with the national constitution.

In the State of Qatar, the constitution grants international agreements legal status, which reinforces their status within the legal system.

Applications of International Agreements in Qatar

Among the most prominent examples of international agreements implemented in Qatar:

• The Agreement on the Promotion and Reciprocal Protection of Investments between the State of Qatar and the Republic of Italy (Decree No. 128 of 2004).
• This agreement aims to promote and protect investments between the two countries, encouraging business activities and fostering economic prosperity.

Conclusion

International agreements in Qatar acquire the force of national law once ratification by Emir and publication in the Official Gazette.

All state institutions and individuals are obliged to implement their provisions without the need for new legislation.

Thanks to the Qatari Constitution, which gives international agreements the status of national legislation, these treaties have become part of the domestic legal system, with an emphasis on:

• Respect for international agreements.
• They must not be inconsistent with the constitution.
• Commitment to constitutional monitoring to ensure the supremacy of laws.