The Ratification of Intergovernmental Agreements in Tanzania: The Case of the Tanzania - Dubai Emirates Agreement

The controversy generated by the Intergovernmental Agreement (IGA) between Tanzania and the government of the Emirate of Dubai necessitates an exploration of the legal framework for the ratification of international agreements in Tanzania. Although the IGA was negotiated with the broad objective of improving, developing and managing the ports of Tanzania, the manner of its adoption led to public outcry for several reasons, including that some of its provisions appeared to be unconscionable; and that it limited the powers of the judiciary to determine the constitutionality of the IGA itself. The approach of this paper is doctrinal; hence, it relies greatly on the primary and secondary sources of legal information on this subject. Furthermore, the paper engages in an analysis of key provisions of the IGA and the procedure for the ratification of international agreements. The paper recommends improving negotiation and ratification processes of IGAs; empowering the judiciary to review the constitutionality of IGAs, and the amendment of the Parliamentary Standing Orders, which are constituents of the ratification framework in Tanzania.