The Legal Division is responsible for advice in relation to international treaty making – the national process and procedure for concluding international treaties.
“Treaty” is defined as an international agreement concluded between States or other international entities in written form and governed by international law.
The Ministry also makes a distinction in relation to international instruments that are not intended to be legally binding (i.e. are of less-than-treaty status) but create important responsibilities the Government of Samoa is committed to.
A proposal to enter into either type of international instrument must be discussed with the Ministry of Foreign Affairs and Trade, as required by the Attorney General’s Directive 2015 (as amended by the Attorney General’s Directive 2020), pursuant to the Attorney General’s Office Act 2013.
It is imperative for original treaty documents to be held by the Ministry of Foreign Affairs and Trade in order to facilitate compliance with the obligation under Article 102 of the UN Charter to register all treaties with the United Nations Secretariat.
