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Chapter 13: General

Miscellaneous provisions, amendments, and transitional arrangements.

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Article 96: International Treaties and Agreements

Drafted from public input and research by civic organizations.

Current Constitutional Text

Where Parliament by resolution passed by not less than two-thirds of the whole number of Members of Parliament (including those not present) voting in its favour, approves as being essential for the development of the national economy, any Treaty or Agreement between the Government of Sri Lanka and the Government of any foreign State for the promotion and protection of the investments in Sri Lanka of such foreign State, its nationals, or of corporations, companies and other associations incorporated or constituted under its laws, such Treaty or Agreement shall have the force of law in Sri Lanka and otherwise than in the interests of national security no written law shall be enacted or made, and no executive or administrative action shall be taken, in contravention of the provisions of such Treaty or Agreement.

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96.1

The negotiating and signing of all international agreements is the responsibility of the national executive acting through the President or such Minister as may be authorized.

96.2

An international agreement binds the Republic only after it has been approved by resolution of Parliament, unless it is an agreement referred to in paragraph (3).

96.3

An international agreement of a technical, administrative, or executive nature, or an agreement which does not require either ratification or accession, entered into by the national executive, binds the Republic without approval by Parliament, but must be tabled before Parliament within a reasonable time.

96.4

Any international agreement becomes law in the Republic only when it is enacted into law by national legislation; provided, however, that a self-executing provision of an agreement that has been approved by Parliament shall be law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.

Article 97: Customary International Law

Drafted from public input and research by civic organizations.

Current Constitutional Text

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Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.

Article 98: Application of International Law

Drafted from public input and research by civic organizations.

Current Constitutional Text

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When interpreting any legislation, every court, tribunal, or forum shall prefer any reasonable interpretation of the legislation that is consistent with the obligations of the Republic under international law, over any alternative interpretation that is inconsistent with such obligations.

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