A convention can be defined as an agreement between states covering particular matters, especially one less formal than a treaty. Conventions can be of a general or a specific nature and it can be between two or multiple states. International conventions are agreements between countries and this term “international convention” is often used interchangeably with terms like “international treaty”, “international agreement”, or “ contract between states”. Human rights and rights guarding states are usually codified in international agreements or treaties between governments called conventions or covenants. These conventions provide an agreed set of human rights standards and establish mechanisms to monitor the way that a treaty is implemented. When a treaty is ratified it means that the country in question voluntarily accepts legal obligations under international law.
The words “Treaty” and “Convention” are usually used alongside and the meaning of each should be understood. A treaty is the agreement between two or more parties to solve an issue that affects the parties signing the treaty while a convention is the set of rules for the parties agreeing to the convention to solve an issue that affects larger part of the world. A treaty enters in force as soon as the parties involved in the treaty signs this agreement. Since a convention affects larger part of the world, it only comes in force when a minimum number of parties agree to the convention or ratify such convention. Conventions are usually drafted and executed by an international body such as “United Nations”. The body responsible for performing such duty in Africa is the Organization of African Unity(OAU) which was later replaced by the African Union (AU).
Conventions are one of the primary sources of law and they could be multilateral or bilateral. In relation to air law, Nigeria has ratified the following conventions among others: Convention on International Civil Aviation(Chicago convention) 1944, Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June 1948, Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface(signed at Rome on 7 October 1952), Convention for the Unification of Certain Rules relating to International Carriage by Air-Warsaw 12 October 1929, Convention for the Unification of Certain rules for international Carriage by Air, done at Montreal on 28 May 1999. Other conventions include Convention on Offences and certain other acts committed on Board aircraft(signed at Tokyo on 14 September 1963), Convention for the Suppression of Unlawful Seizure of Aircraft(signed at the Hague on 16 December,1970), Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation(signed at Montreal on 23 September 1971), Convention on the Marking of Plastic Explosives for the Purpose of Detection(signed at Montreal on 1 March 1991) and Convention on International Interests on Mobile Equipment( signed at Cape Town on 16 November,2001)
However, there are other steps that a country must take other than ratification to ensure the adoption of such treaty to the latter such as domestication. Domestication of an international agreement is the process of incorporating the provisions of a treaty into the extent laws of a country to give it force of law in that country. In Nigeria, international agreements do not automatically have the force of law after ratification. There is a constitutional requirement for every international treaty to be domesticated before it can have the force of law. Section 12 of the 1999 Constitution of the Federal Republic of Nigeria(as amended) stipulates that: “No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly”. As a result of this constitutional provision the figurative hands of justice have been held captive, as judges are usually reluctant to deliver decisions which directly conflict with the provisions of the constitution and would generally refrain from enforcing the provisions of international treaties which have not yet been domesticated. In Abacha v Fawehinmi, the Nigerian Supreme Court held that: “ It is therefore manifest that no matter how beneficial to the country or the citizenry, an international treaty to which Nigeria has become a signatory may be, it remains unenforceable, if it is not enacted into the law of the country by the National Assembly”
The rationale behind the signing of treaties and the domestication of conventions is to foster international peace, Unity and cooperation amongst member states, each member state is expected to enforce the provisions of the treaties in accordance with the modalities prescribed by their laws. However, some state parties have devided a scheme of ratifying international agreements without taking the necessary internal steps to ensure the enforcement of their treaty obligations, while continuing to derive various benefits from these multilateral arrangements. The stringent requirement of domestication of international treaties before enforceability was introduced into the laws of some dualist state parties like Nigeria, causing a hinderance to the speedy enforcement of treaty provisions and also creating a leeway for member states to evade their international obligations.
Some OAU/AU conventions include : General Convention on the Privileges and Immunities of the Organization of African Unity which was adopted on October 25 1965, African Convention on the Conservation of Nature and Natural resources , Inter-African Convention establishing an African Technical Co-operation Programme and also the Convention for the Elimination of Mercenarism in Africa.
In Conclusion, this article has defined; Convention as an agreement between states covering particular matters, especially one less formal than a treaty. Examples of conventions/treaties that Africa has ratified include: Convention on International Civil Aviation(Chicago convention) 1944, Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June 1948, Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface(signed at Rome on 7 October 1952), and so on.
REFERENCES
~ https://www.mondaq.com/nigeria/international-trade-investment/1013006/non-domestication-of-treaties-in-nigeria-as-a-breach-of-international-obligations-sandra-eke
~ https://au.int/en/treaties
Author: 
Oluwatobiloba Akinloye is a 400 level law student of Bowen University. She is a Fashion Law enthusiast. Oluwatobiloba is currently the Head of Programs at Africa Fashion Law. She is also an Associate, Liaison Officer at Diverse Law. Also, Oluwatobiloba is currently the Head of Mock, Equity Chambers, Bowen University. Oluwatobiloba is also the Deputy Speaker of the prestigious Law Students‘ Representative Council, Bowen University. Asides all this, Oluwatobiloba owns a YouTube channel and a blog where she talks and writes on Fashion and Fashion law.
