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Ratification is the process of validating an agreement to make it binding. It is required for treaties, constitutional amendments, and contracts negotiated on behalf of someone else. Ratification usually occurs through an act of government, and may involve additional requirements such as approval by individual states or provinces. If an agreement is not ratified, it is not valid.
Ratification is a process by which an agreement is validated so that it becomes binding. Different types of agreements must go through a ratification process to be valid. The classic example is a treaty, but federations like the United States also use ratification for constitutional amendments, and ratification can also come in contract law. In contract law, when something is undertaken by an agent, it may need to be ratified before it takes effect.
With treaties, negotiating a treaty often involves agents acting on behalf of the parent nations. These agents work together to draft a document they believe will be accepted by all nations involved, and then return to their home nations with the treaty. The treaty must be ratified before nations are bound by it. This is designed to ensure that nations have the ability to approve or repudiate the actions of their agents and that countries do not become trapped in treaties they do not wish to approve.
Ratification of the treaty usually occurs through an act of government in which the legislature votes whether or not to ratify the treaty. If the vote passes, the treaty is signed and approved. Treaties are often structured with a trigger clause so that they come into force when signed by a certain percentage of the parties. For this reason, some treaties are said to be ratified and in force even if they have not yet been signed by all parties.
For amendments in countries that allow them, the legislature usually has to approve by majority vote. Additionally, there may be other laws in place, such as requirements that individual states or provinces must also pass, or that successive majorities of the legislature must approve. In some regions it is also possible for a citizens’ initiative to be used to amend the constitution.
In contract law, some contracts need to be ratified before they are valid. Ratification is usually required when contracts are negotiated on behalf of someone else. In a simple example, when unions bargain with their employers, they return the union members with a contract and they have to vote on it. If it is rejected by the members, it is not ratified and the union must return to the negotiating table to try to develop a contract that will be accepted.
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