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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008<br />
Secretariat of the Ministry. But in May 2001<br />
on the basis of special decree of the President,<br />
interagency organ has been established<br />
in the Ministry of Foreign Affairs – Advisory<br />
Council regulating performance of Georgian international<br />
treaties. 19<br />
In the process of operation of the Division<br />
number of difficulties emerged. In particular<br />
there was no relevant structure or person at<br />
the agency, to whom the coordination of the<br />
mentioned issues could be assigned. Frequently<br />
Ministry of Foreign Affairas received<br />
meaningless and irresponsible replies, for example:<br />
"Ministry/body is not able to perform<br />
obligation undertaken by a treaty, because of<br />
the financial problems", while the performance<br />
of some of the paragraphs was not actually<br />
connected to the financial arrangements. Approximately<br />
40% of the agencies did not even<br />
reply, which was also pointing on the weakness<br />
of the coordination and nonexistence of<br />
controlling mechanisms. 20<br />
Analysis of the received information from<br />
the relevant bodies of Georgia reviled superficial<br />
and irresponsible approach, which the<br />
most state bodies were demonstrating in a<br />
view of performance of international treaty<br />
obligations. This fact was mentioned in the first<br />
Report of the Division, which was submitted<br />
to the Minister of Foreign Affairs of Georgia,<br />
but since his competence was quite limited<br />
and was not able to react on undue performance<br />
by the agencies and there was no<br />
mechanism, which would facilitate the actual<br />
supervision by the Ministry of Foreign Affairs<br />
on the performance of treaty obligations;<br />
therefore this document remained only as an<br />
internal information and could not be reacted<br />
or respectively.<br />
Regarding to the Advisory Council regulating<br />
the performance of international treaties,<br />
as a result of the developments in November<br />
2003 in fact it terminated its activity,<br />
while the Ministry of Foreign Affairs was under<br />
the reorganization for several times. In<br />
such conditions the supervision by the Ministry<br />
of Foreign Affairs on the performance of<br />
international treaties was terminated. The document<br />
regulating the functioning of the Advisory<br />
Council has to be amended to bringit in<br />
line with existing the legislation and amendments<br />
into the relevant normative acts shall<br />
take place.<br />
Despite the particular obligations prescribed<br />
by the law none of the normative acts<br />
determine a mechanism, which shall be applied<br />
by the central bodies of the executive<br />
authority of Georgia in case of breach or nonperformance<br />
of treaty obligations. The law<br />
provides for the general obligations of agenesis<br />
to provide the Ministry of Foreign Affairs<br />
with the information on the conditions of performance<br />
of international treaties. The Ministry<br />
of Foreign Affairs of Georgia as a general<br />
coordinator of the conclusion, operation, termination<br />
and performance of an international<br />
treaty, should be fully informed on the conditions<br />
of performance of treaties, for this goal<br />
particular terms shall be defined within which<br />
the Ministries will be obliged to submit complete<br />
and comprehensive information on the<br />
condition of the performance of treaty obligations<br />
and on related difficulties. For example,<br />
perhaps at least once a year every Ministry<br />
shouldl prepare a report on the performance<br />
of the international treaties under ther competence,<br />
and submitit to the Ministry of Foreign<br />
Affairs of Georgia.<br />
Also relevant structures should be established<br />
in all bodies of the executive authority<br />
in order to promote proper implementation of<br />
functions of the Ministry of Foreign Affaires<br />
prescribed by the law. To achieve this goal,<br />
adoption of the regulating document on the<br />
level of the President or the Prime Minister is<br />
essential. Organization of the specific internal<br />
structure will enhance the coordinated activity<br />
and the responsibility of relevant bodies on<br />
the performance of international treaties and<br />
significantly increase the quality of information<br />
to be presented as well.<br />
Restoration of the activity of appropriate<br />
Advisory Council is necessary and would be<br />
desirable that relevant prominent scholar-experts<br />
together with the high officials to be included<br />
as its members.<br />
10. CONCLUSION/RECOMMENDATIONS<br />
Thus, on the basis of the abovementioned<br />
analysis of all the , we can conclude that the<br />
law of Georgia "on International Treaties of<br />
Georgia" does not meet the requirements of<br />
the current reality any more and during its implementation<br />
process number of practical and<br />
legal difficulties arises. Accordingly, in order<br />
to perform international obligations of Geor-<br />
204
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