Policy Paper

Clarifying Treaty-Making Under Syria's Constitutional Declaration: Legal Gaps and Legislative Options

Haddon BarthJuly 2026

Syria is likely to seek membership in a growing number of international conventions as it rebuilds its economy and restores diplomatic relations. Joining major multilateral conventions can bring substantial economic and diplomatic benefits, but also create significant legal, financial, and institutional obligations. The 2025 Constitutional Declaration gives Syria the authority to join new treaties, but it does not establish a complete domestic process for doing so. These gaps create a risk that the People’s Assembly’s constitutional authority could be bypassed when Syria becomes bound through accession or definitive signature rather than ratification.

This paper identifies the principal gaps in Syria’s treaty-making framework. Drawing on the experiences of Kenya and Tunisia, both of which used ordinary legislation to clarify constitutional treaty-making powers, it proposes that the People's Assembly adopt a Law on Treaties and International Agreements defining the scope of parliamentary approval, the respective roles of the executive and legislature, and the procedures governing accession, ratification, reservations, withdrawal, publication, implementation, and the domestic legal effect of international agreements. By establishing a clear and predictable process early in Syria's transition, the Assembly can strengthen parliamentary oversight, provide greater legal certainty, and create a durable framework for Syria's renewed international engagement.

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