QUESTION: Why is Article 11 of the treaty important?
ANSWER: The text of Article 11 reads:
This Treaty shall be ratified and its provisions carried out by the Parties in accordance with their respective constitutional processes. The instruments of ratification shall be deposited as soon as possible with the Government of the United States of America, which will notify all the other signatories of each deposit. The Treaty shall enter into force between the States which have ratified it as soon as the ratifications of the majority of the signatories, including the ratifications of Belgium, Canada, France, Luxembourg, the Netherlands, the United Kingdom and the United States, have been deposited and shall come into effect with respect to other States on the date of the deposit of their ratifications.
The key language to focus on, from a legal perspective, is “in accordance with their respective constitutional processes.” That is the compromise language hammered out by the United States delegation and Western European countries.
This recognizes the fact that only Congress can declare war or pass an Authorization for the Use of Military Force, which I have written about in a different context here.