Pakistan’s Approach to the Law of International Treaties

Abstract

The treaties are foundational to international law and vital for addressing global challenges such as human rights, trade and environmental protection. This paper comprehensively examines Pakistan’s approach to the law of international treaties, outlining the role of the state’s organs in the process and their interaction with the doctrine of separation. Pakistan’s practice remains largely executive-driven, with parliament and courts playing secondary roles. The paper follows how this executive dominance plays out differently across the three organs while parliament has been consistently marginalized despite repeated legislative attempts at reform, the judiciary displays a more selective pattern, applying international norms assertively in human rights matters while showing marked restraint over politically sensitive commitments. The study analyses how Pakistan's dualist legal system prioritizes domestic law over international obligations unless treaties are specifically incorporated through legislation and provides an overview of the country’s engagement with major international treaties and highlights the political, institutional and constitutional factors shaping the country’s treaty practices. In light of ongoing debates about enhancing transparency and accountability in treaty-making, the paper suggests reforms to align Pakistan’s processes with both constitutional principles and international commitments. The findings contribute to a deeper understanding of the challenges faced by developing countries like Pakistan in balancing sovereignty with global cooperation.