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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008
The law of Georgia "on International Treaties
of Georgia" provides for three categories
of international treaties: interstate, intergovernmental
and interagency. 5 Decision on the
conclusion of interstate and intergovernmental
treaties shall be made by the President of
Georgia, but the decision on the conclusion
of interagency treaty shall be made by the
Minister of Foreign Affairs. In fact, the role of
the Prime Minister of Georgia is combined with
the President. The latter was considered as
the Head of State as well as the Head of executive
authority upon the adoption of the law.
Therefore, considering current reality, it is
important to put forward the significance of the
of Prime Minister and determine its competence
in relation with the activities connected
to international treaties.
It would be reasonable if the decision on
the conclusion of intergovernmental treaties
is made by the Prime Minister as the Head of
Government of Georgia. Consequently, any
action related to the conclusion of international
treaties of intergovernmental nature or termination
of its operation shall be implemented
by the direct participation of the Prime Minister.
3. RECOMMENDATIONS ON THE CONCLUSION
OF INTERNATIONAL TREATIES
In spite of the particular form of expressing
the consent to be bound by a treaty by executive
or legislative authority (signature, ratification,
acceptance, approval, accession,
exchange of instruments, which constitute a
treaty), the appropriate internal procedures
under the relevant law shall be conducted on
any type of aforementioned draft treaty.
On initial stage, the existence of the advisory
institute shall be underscored, which is
extremely flexible and simplified form in comparison
with the proposals on the conclusion
of international treaties, which shall pass
through the domestic procedures stipulated
by the law. In case of non acceptance of recommendation,
its consideration shall be terminated
without complex and extensive procedure
of examination of expediency of the
conclusion of international treaty by the relevant
Ministries. Following to the law the Parliament
of Georgia, the Supreme Court of
Georgia and the Public Defender of Georgia
are entitled to submit recommendation. 6 Member
of Parliament within his/her competence
may also submit recommendation on conclusion
of international treaty. It is also important
to entitle the Constitutional Court of Georgia,
the Supreme Councils of Autonomous Republics
of Adjaria and Afkhazia to submit recommendation
which is not envisaged by the law.
In accordance with the existing law "recommendations
on the conclusion of international
treaties shall include the motivation on expediency",
which is quite an unclear provision
and in practice, usually becomes subject to
diverse interpretation. Therefore, it would be
advisable to define that the recommendations
on the conclusion of international treaties shall
include the text of international treaty in Georgian
language and explanatory memorandum
on the expediency of concluding the treaty.
4. PROPOSAL TO FOREIGN STATE
OR INTERNATIONAL ORGANIZATION
ON THE CONCLUSION OF A TREATY
The law does not stipulate when the proposal
to foreign State or international organization
on the conclusion of a treaty is considered
to be officially submitted. In practice,
there are number of cases when the draft international
treaty is delivered to the first persons
of the country during the official visits.
Consequently, it is important to determine that
treaty is considered to be submitted if it is presented
to the President of Georgia, Prime Minister
of Georgia, high political officials or if it is
delivered to Georgian party through the diplomatic
channels. 7
5. DIFFICULTIES ARISEN DURING
THE IMPLEMENTATION OF THE LAW
In accordance with the existinglaw proposal
regarding the conclusion of the international
treaty shall be submitted to the President of
Georgia by the Ministry of Foreign Affairs of
Georgia. The central bodies of executive authority
are also entitled to submit a proposal.
According to the law of Georgia "on Structure,
Authority and Rules of Operation of the Government
of Georgia", the Government of Georgia
shall provide for implementation of the
executive power, 8 which shall consist of the
Prime Minister and Ministers including State
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