
Treaties
(Jersey) Law 202-
A LAW to provide for the States
Assembly to approve treaties.
Adopted
by the States 26 February 2026
Sanctioned
by Order of His Majesty in Council [date to be inserted]
Registered by the Royal Court [date to be inserted]
Coming into force [date to be inserted]
1 Interpretation
In this Law –
“lodge” means lodge au
Greffe in accordance with the Standing Orders of the States of Jersey;
“ratification” in relation to a treaty, means an
act establishing as a matter of international law a state’s or an international
organisation’s consent to be bound by the treaty, the act consisting of the
deposit or delivery of –
(a) an instrument of
ratification, accession, approval or acceptance; or
(b) a notification of
completion of domestic procedures;
“relevant Minister” means the Minister with responsibility
for the treaty in Jersey;
“state”, for the purposes of this Law, includes
Jersey;
“treaty” –
(a) means a written
agreement –
(i) between states or between states and
international organisations; and
(ii) binding under
international law; but
(b) does not mean a regulation,
rule, measure, decision or similar instrument made under a treaty that does not
wholly or partially amend or replace the treaty.
2 Reference to States Assembly
of treaties negotiated or signed in accordance with Letter of Entrustment
(1) If a treaty has been negotiated or signed under
a Letter of Entrustment, the relevant Minister –
(a) must lodge the text of
the treaty so that the States Assembly may decide whether or not to approve that
text;
(b) must include with the
text an explanatory memorandum summarising the provisions of the treaty and the
Minister’s view on why it should be approved; and
(c) must not notify any other
party that the domestic procedures required to give legal effect to the treaty
have been complied with unless that approval has been given.
(2) Paragraph (1) does not apply to an
amendment to a treaty that has been approved by the States Assembly if the
amendment does not, in the opinion of the relevant Minister, involve a material
change to Jersey’s international obligations.
(3) This Article does not apply to a treaty
mentioned in Article 3 or 4.
(4) In this Article, “Letter
of Entrustment”, in relation to a treaty, means authority given by the
Government of the United Kingdom on behalf of the Crown in right of Jersey for
the relevant Minister to negotiate and enter into the treaty on behalf of
Jersey.
3 Reference to States Assembly of treaties
to be extended to Jersey following ratification by United Kingdom
(1) If a treaty has been ratified by the United
Kingdom but does not apply to Jersey and the relevant Minister wishes it to
extend to Jersey, the Minister –
(a) must lodge the text of
the treaty so that the States Assembly may decide whether or not the Minister should request that the Government of the
United Kingdom extend the treaty to Jersey;
(b) must include with the
text an explanatory memorandum summarising the provisions of the treaty and the
Minister’s view on why it should be so extended; and
(c) must not request that the
treaty be extended to Jersey unless the States Assembly have approved the
Minister making that request.
(2) Paragraph (1) does not apply to an
amendment to a treaty that has been extended to Jersey with the approval of the
States Assembly if the amendment does not, in the opinion of the relevant
Minister, involve a material change to Jersey’s international obligations.
(3) This Article does not
apply to a treaty mentioned in Article 2 or 4.
4 Reference to States Assembly for
information of free trade agreements to be applied to Jersey
(1) This Article applies if the relevant
Minister has informed the United Kingdom that the Minister wishes a free trade agreement
that is to be negotiated by the United Kingdom to apply to Jersey.
(2) The relevant Minister must, within 28 days
of the treaty being ratified by the United Kingdom, lay a copy before the
States Assembly for information together with an explanatory memorandum
summarising the provisions of the treaty.
(3) In this Article, “free trade
agreement” means a treaty that is intended to facilitate trade or to reduce or
eliminate barriers to trade.
5 Citation
and commencement
This Law may be cited as
the Treaties (Jersey) Law 202- and comes into force 7 days after it
is registered.