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K. TOTLADZE, GAPS OF THE LAW OF GEORGIA “ON INTERNATIONAL TREATIES OF GEORGIA”
Ministers. Consequently, all bodies of the Government
including Ministries as well as the
State Ministers shouid have the right to submit
a proposal on the conclusion of international
treaty.
The proposal shall be submitted to the
Ministry of Foreign Affairs of Georgia, the latter
submits these proposals to the Ministry of
Justice of Georgia for conclusion on the compatibility
of a treaty with the legislation of Georgia
and on possible legal effects, to the Ministry
of Finance – for the conclusion on possible
financial-economic outcomes of a treaty
and also to the relevant central body of executive
authority. 9 In practice, the abovementioned
procedure is extended in time and is
rather complicated, since the interpretation of
the general provision of law is made in a different
ways by the Ministries and the Administration
of the President. In order to increase
the role of the Ministries as the lobbies of a
treaty within their competence and to simplify
the abovementioned procedure, the proposals
of different Ministries submitted to the Ministry
of Foreign Affairs shall be comprehensive
and include the following: a) text of the
international treaty in Georgian language;
b) explanatory memorandum; c) opinion of the
Ministry of Foreign Affairs on possible foreign
political outcomes of International treaty;
d) opinions of the Ministry of Justice on the
compatibility of a treaty with the legislation of
Georgia and on possible legal effects and in
case of necessity draft law on amendments
and addenda into the normative acts of Georgia;
e) opinion of the Ministry of Finance on
possible financial-economic outcomes of a
treaty; f) opinion of relevant competent authority/authorities;
g) paper of agreement including
well-grounded arguments on acceptance
or non acceptance of these opinions; h) name
of the Ministry/Ministries responsible for the
implementation of a treaty (whole package).
On the bases of final analysis of the Ministry
of Foreign Affairs this package shall be presented
to the Administration of the President,
which will reinforce the role of the Ministry of
Foreign Affairs as a central authority for making
political decisions. It is important to be
mentione that the proposal on conclusion of
intergovernmental treaty shouldl be submitted
to the Prime Minister of Georgia.
6. ACCEPTANCE OF INTERNATIONAL
TREATY, AS ONE OF THE FORMS OF
CONSENT TO BE BOUND BY A TREATY
Existing current legislation does not provide
for acceptana asa form of expression of consent
to be bound by treaty .
Acceptance of international treaty is a resent
form of the consent of the State to be
bound by a treaty. However, innovation is rather
terminological then conceptual, which is
proved by a treaty practice of the States and
the fact that the same procedure in one case
is considered as acceptance of a treaty and
in other cases as accession to a treaty. For
example, the Constitution of UNESCO provides
for that the States may accede to the Constitution
through its acceptance, 10 which shall be
done by delivering the official document on
the acceptance of a treaty to the Secretary
General of the UN.
In some cases the acceptance of a treaty
may be applied instead of the ratification. This
is possible when international treaty by to its
goal and objective is not the subject to ratification.
Mostly the term "acceptance" is included
into the text of a treaty, as an alternative
form of consent of a State to be bound by a
treaty.
Acceptance as well as approval shall be
formed documentary. In opposite to the ratification
instrument, document of the acceptance
and approval does not have clearly determined
form. Generally it is a letter or verbal
note, which on behalf of the Government
is signed by the Minister of Foreign Affairs or
its deputy, although even in this case it is possible
to exchange these documents or submit
them to the depository for the filing. 11
In a view of proper implementation of Article
14 of the (1969) Vienna Convention "on
the Law of Treaty" in practice, and considering
the fact that multilateral international treaties
often provide for the acceptance as one
of the forms of consent of the State to be
bound by a treaty, it is essential to establish
particular legal mechanism by Georgian domestic
legislation and to define which State
shall have authority to accept international
treaty as a form of consent of the State to be
bound by a treaty.
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