Whose approval is needed for a treaty to be ratified?

Answer 1

In the United States, while the President (Executive Branch) is empowered to make treaties, He or She must submit them to the Senate (Legislative Branch) for approval by a two-thirds majority vote. Different countries have their own rule for such things.

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In the United States, the approval of a treaty that has been negotiated by the US executive branch, either by the President or by the Secretary of State, must be approved by the US Senate. Treaties are approved by the President before they are submitted to the Senate for approval.

The Senate has the sole power to confirm those of the President's appointments that require consent, and to ratify treaties. There are, however, two exceptions to this rule: the House must also approve appointments to the Vice Presidency and any treaty that involves foreign trade.

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In the US, treaty ratification must be advised and consented to by a two-thirds vote in the Senate. While the United States House of Representatives does not vote on it at all, the requirement for Senate advice and consent to ratification makes it considerably more difficult in the US than in other democracies to rally enough political support for international treaties. In the US, the President usually submits a treaty to the Senate Foreign Relations Committee (SFRC) along with an accompanying resolution of ratification or accession. If the treaty and resolution receive favorable committee consideration (a committee vote in favor of ratification or accession) the treaty is then forwarded to the floor of the full U.S. Senate for such a vote. If passed by a 2/3 super-majority, the President may ratify. There have been several instances in U.S. history, however, where 2/3 of the Senate has given consent to ratification, but where the President ultimately declined to ratify the treaty.

A multilateral agreement may be provide that it will take effect upon its ratification by less than all of the signatories.[1] Even though such a treaty takes effect, it does not apply to signatories that have not ratified it. Accession has the same legal effect as ratification. Accession is a synonym for ratification for treaties already negotiated and signed by other states.

The president can write treaties, but he cannot ratify them or in way make them binding without the consent of the U. S. Senate. Article II, section 2, of the Constitution states that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur."