ratification

Ratification is the formal confirmation or approval of a proposed act, agreement, or instrument by an authority with the power to make it legally binding. It marks the point at which a process or agreement is authorized as valid and enforceable.

In international law, ratification refers to a state's formal acceptance of a treaty after negotiations and signature. Many treaties require ratification by a specified body, such as a legislature or the head of state, before the treaty becomes binding on that state. In some cases, a treaty may enter into force upon signature or after exchange of instruments, but in others ratification is the decisive step. Ratification typically entails consent to be bound by the treaty and may include domestic implementing measures to give treaty obligations practical effect.

Domestically, ratification often carries the responsibility of translating an international obligation into national law. Depending on the constitutional framework, ratification may require legislative approval, executive action, or both. For example, in the United States, most treaties must be ratified by a two-thirds vote of the Senate, after which the president signs the instrument of ratification. The treaty may then become enforceable domestically through implementing legislation or executive action.

Ratification also occurs in contract law and agency. An agent may act without authority, but a principal can ratify the act afterward, either expressly or by conduct. Ratification retroactively authenticates the agent’s act as if it had been authorized from the outset, creating binding rights and obligations.

Constitutional ratification is a specific form of ratification, often involving amendments requiring approval by a prescribed number of states or other constitutional processes. The details vary by jurisdiction, but the common feature is formal approval by a designated authority to give legal effect to a proposed change.

See also: assent, approval, treaty, amendment.