12 Research Questions The research questions addressed in this study are What

12 research questions the research questions

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1.2 Research Questions The research questions addressed in this study are: What accounts for the increasing backlog of international instruments which Swaziland does not ratify? What are the implications for The Kingdom of Swaziland of not ratifying international instruments? 3
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What accounts for the Kingdom of Swaziland failure to incorporate international conventions into domestic law? What criteria does Swaziland use to decide on the ratification or non-ratification of an international instrument? 1.3 Objectives of the Study The objectives of the study are as follows: To critically examine the difficulties of the ratification process in Swaziland and to shed some light on why Swaziland has a backlog of non-ratified instruments. To identify the reasons why Swaziland fails to incorporate international instruments into domestic laws, regulations and public policies. To identify the implications of not ratifying international instruments for Swaziland and its citizens. 1.4 Justification for the study The findings of this study will be of some practical utility to the Ministry of Foreign Affairs and International Cooperation which is responsible for the ratification process. In particular the study 4
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will help strengthen public policy formulation of both domestic and foreign policy. Furthermore the study will provide insight on how to expedite the ratification process for the benefit of all Swazi people. 1.5 Literature Review Swaziland is not alone in failing to ratify treaties it has been observed that third world countries in general and African countries in particular lag behind the rest of the world. According to [ CITATION Mul11 \l 7177 ] developing countries lag behind the first world countries in ratifying international instruments mainly because developing states lack the financial and technical resource base readily available to industrialized nations. Another problem Swaziland faces, that other third world countries also find challenging, is the domestication of the provisions of the international agreements they have ratified. Horn (2010) observes that level of domestication of international treaties by developing countries is low because they lack the requisite resources, expertise and this is less of a priority for them. Motsamai (2012) noted that, another reason for low number of ratified international instruments among developing states is 5
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that of lack of political will. Third world countries enter into international agreements only to find that these agreements have political implications which are politically damaging and as a result fail to ratify the convention. Another reason for non-ratification postulated by [ CITATION Tho12 \l 7177 ] is that third world states do not prioritize the ratification of international instruments; that is to say that developing states are too busy with domestic developmental issues to worry about ratification. In some African countries the issue of bureaucratic red tape has been identified as a factor for
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