recognized as such by the British expert Lord McNair, who recalled the MOU as "an informal but nevertheless legal agreement" between two or more parties.
The State Sovereignty has the attributes of entering into agreements and treaties with foreign powers. No state can protect itself from the rest of the countries of the world on matters of foreign affairs or relations, international trade, environmental issues, communications or finance. This was strongly implemented after World War II. The great advances made in the field of communications and information technology and the arrival of globalization has made independent States inter-dependent on each other. Treaties can have a significant impact upon the economy and social and political situation of the country and to its people. Nowadays every State has either entered or in the course of entering into treaties be it multilateral or bilateral.
Treaties need to have a proper set of laws after a comprehensive study of a particular matter and its perverse effects it can have on food security, indigenous knowledge, health care, the security and the life and livelihood of the citizens – whether beneficial or prejudicial. The treaty-making power is highly potent and can also have some serious harmful effects if not revised carefully. The parliament of a country’s government is competent to make a law and so treaty-making power is not within the exclusive competence of the Executive. it is obvious that the Parliament is competent to make a law with respect to the several matters mentioned in the above entries. In other words, treaty-making is not within the exclusive competence of the Executive. In theory, it is always open to the Parliament to condemn a treaty entered into by the Executive where the treaty will have to affect whatever. Moreover, if any treaty or agreement violates any of the provisions of the Constitution, it would be totally incompetent and ineffective and even the Vienna Convention would not ...Show more