The Law of Treaties in Russia and the Commonwealth of Independent States: Text and Commentary

by William E. Butler

• ISBN13: 9780521816069
• ISBN10: 0521816068
• Format: Hardcover
• Copyright: 2002-12-02
• Publisher: Cambridge University Press

Summary

Since the dissolution of the former USSR, twelve countries have, for the first time in modern history, been confronted with the task of defining their attitudes and policies towards the central means for law-making in the international community - the treaty. This is the first comparative commentary in any language on the law of treaties as reflected in the legislation of Russia and other member countries of the Commonwealth of Independent States, and in their international practice. Unusually, each has responded by enacting at least one law (sometimes more) on the procedures for treaty relations with other states and international organisations. The book is accompanied by original authoritative translations of all the relevant laws, an extensive classified bibliography and an informed commentary on every article in the laws.

Table of Contents

List of abbreviations	xi
Introduction	1	(4)
Federal Law of the Russian Federation on International Treaties of the Russian Federation
COMMENTARY
[Preamble]	5	(7)
Section I General Provisions
Tasks and Sphere of Application of Present Federal Law	12	(8)
Use of Terms	20	(5)
International Treaties of Russian Federation	25	(4)
International Treaties of Russian Federation Affecting the Powers of a Subject of Russian Federation	29	(7)
International Treaties of Russian Federation in Legal System of Russian Federation	36	(12)
Expression of Consent of Russian Federation to Bindingness of International Treaty for It	48	(8)
Informing Federal Assembly of Russian Federation About International Treaties of Russian Federation	56	(4)
Section II Conclusion of International Treaties of Russian Federation
Recommendations Concerning Conclusion of International Treaties of Russian Federation	60	(4)
Proposals Concerning Conclusion of International Treaties of Russian Federation	64	(9)
Functions of Ministry of Justice of Russian Federation in Connection with Conclusion of International Treaties of Russian Federation	73	(3)
Decisions Concerning Conducting of Negotiations and Signature of International Treaties of Russian Federation	76	(8)
Conducting of Negotiations and Signature of International Treaties of Russian Federation Without Need to Present Powers	84	(4)
Powers to Conduct Negotiations and to Sign International Treaties of Russian Federation	88	(3)
Ratification of International Treaties of Russian Federation	91	(2)
International Treaties of Russian Federation Subject to Ratification	93	(4)
Procedure for Submitting International Treaties for Ratification	97	(7)
Decisions Concerning Ratification of International Treaties of Russian Federation	104	(3)
Signature of Instrument of Ratification	107	(2)
Exchange of Instruments of Ratification and Handing Over Instruments Concerning Ratification of International Treaties of Russian Federation for Keeping by Depositaries	109	(3)
Confirmation and Adoption of International Treaties	112	(6)
Accession of Russian Federation to International Treaties	118	(4)
Special Procedure for Expression of Consent to Bindingness of International Treaties for Russian Federation	122	(3)
Provisional Application of International Treaty by Russian Federation	125	(7)
Entry into Force of International Treaties of Russian Federation	132	(2)
Reservations to International Treaties of Russian Federation	134	(8)
Section III Registration and Official Publication of International Treaties of Russian Federation
Unified State System for Registration and Recording of International Treaties of Russian Federation	142	(2)
Registration of International Treaties of Russian Federation in International Organizations	144	(2)
Keeping of Texts of International Treaties of Russian Federation	146	(3)
Effectuation of Functions of Depositary	149	(2)
Official Publication of International Treaties of Russian Federation	151	(9)
Section IV Fulfilment of International Treaties of Russian Federation
Fulfilment of International Treaties of Russian Federation	160	(3)
Ensuring Fulfilment of International Treaties of Russian Federation	163	(5)
Measures Applicable in Event of Violation of International Treaty of Russian Federation by Other Participants Thereof	168	(2)
Conformity of International Treaties to Constitution of Russian Federation	170	(10)
Section V Termination and Suspension of Operation of International Treaties of Russian Federation
Recommendations Concerning Termination or Suspension of Operation of International Treaties of Russian Federation	180	(2)
Proposals Concerning Termination or Suspension of Operation of International Treaties of Russian Federation	182	(8)
Termination and Suspension of Operation of International Treaties of Russian Federation	190	(8)
Consequences of Termination of International Treaty of Russian Federation	198	(2)
Consequences of Suspension of Operation of International Treaty of Russian Federation	200	(2)
Official Communications Concerning Termination or Suspension of Operation of International Treaties of Russian Federation	202	(2)
Section VI Concluding Provisions
Entry of Present Federal Law into Force	204	(263)
ANNEXES
UNION OF SOVIET SOCIALIST REPUBLICS
Letter of Soviet Government to the Director of the Institute of International Law, The Hague (2 April 1924)	211	(1)
Decree on the Procedure for the Conclusion, Ratification (or Confirmation), and Denunciation (or Declaration Concerning Termination of Operation) of International Treaties of the USSR (21 May 1925, as amended 15 June 1927)	212	(2)
Decree on the Procedure for Submission of International Treaties and Agreements Concluded in the Name of the USSR for Approval, Confirmation, and Ratification of the Government of the USSR (2 October 1925)	214	(2)
Law on the Procedure for the Ratification and Denunciation of International Treaties of the USSR (20 August 1938)	216	(1)
Edict on Decrees of the TsIK SSSR Which Have Lost the Force of Law in Connection with the Adoption by the Supreme Soviet of the USSR of the Law `On the Procedure for the Ratification and Denunciation of International Treaties of the USSR' (26 April 1940)	217	(1)
Law on the Procedure for the Conclusion, Performance, and Denunciation of International Treaties of the USSR (6 July 1978)	218	(15)
RUSSIA
Decree on Peace (8 November 1917) [Excerpt]	233	(1)
Note of Ministry of Foreign Affairs of RF on Legal Succession of Russian Federation to Obligations Arising Out of Prevailing International Treaties Concluded by the USSR (13 January 1992)	234	(1)
Questions of Submitting to State Duma International Treaties Temporarily Being Applied by Russian Federation (7 August 1995)	235	(1)
Federal Law on Coordination of International and Foreign Economic Relations of Subjects of Russian Federation (4 January 1999)	236	(7)
Decree on Adoption by Government of Russian Federation of Decisions Concerning Consent for the Effectuation by Subjects of Russian Federation of International and Foreign Economic Relations with Agencies of State Power of Foreign States (1 February 2000)	243	(4)
ARMENIA
Law on the Conclusion, Ratification, and Denunciation of International Treaties of the Republic Armenia (6 June 1992)	247	(10)
AZERBAIDZHAN
Law on the Procedure for the Conclusion, Performance, and Denunciation of International Treaties of the Azerbaidzhan Republic (13 June 1995)	257	(14)
BELARUS
Law on International Treaties of the Republic Belarus (23 October 1991, as amended 26 November 1992, and 8 July 1998)	271	(16)
GEORGIA
Law on International Treaties of Georgia (16 October 1997)	287	(20)
KAZAKHSTAN
Edict of the President of the Republic Kazakhstan Having the Force of a Law on the Procedure for the Conclusion, Performance, and Denunciation of International Treaties of the Republic Kazakhstan (12 December 1995)	307	(20)
KYRGYZSTAN
Law on International Treaties of the Kyrgyz Republic (21 July 1999)	327	(24)
MOLDOVA
Law on the Procedure for the Conclusion, Application, Ratification, and Denunciation of International Treaties, Conventions, and Agreements (4 August 1992)	351	(12)
TADZHIKISTAN
Law on the Procedure for the Conclusion, Ratification, Performance, and Denunciation of Treaties in the Republic Tadzhikistan (25 June 1993): not in force	363	(10)
Law on International Treaties of the Republic Tadzhikistan (11 December 1999)	373	(12)
Decree on the Introduction into Operation of the Law of the Republic Tadzhikistan `On International Treaties of the Republic Tadzhikistan' (11 December 1999)	385	(4)
TURKMENISTAN
Law on the Procedure for the Conclusion, Performance, and Denunciation of International Treaties of Turkmenistan (15 June 1995)	389	(12)
UKRAINE
Law on the Operation of International Treaties on the Territory of Ukraine (10 December 1991)	401	(1)
Law on International Treaties of Ukraine (22 December 1993)	402	(15)
UZBEKISTAN
Law on International Treaties of the Republic Uzbekistan (22 December 1995)	417	(17)
Decree on the Introduction into Operation of the Law on International Treaties of the Republic Uzbekistan (22 December 1995)	434	(3)
ECONOMIC COURT OF THE COMMONWEALTH OF INDEPENDENT STATES
Advisory Opinion of Economic Court of CIS on Reservations to Certain CIS Agreements (15 May 1996)	437	(13)
Decision of Economic Court of CIS on Interpretation of Certain Agreements and CIS Decisions (22 June 1998)	450	(17)
CIS PARTIES TO 1969 VIENNA CONVENTION ON LAW OF TREATIES	467	(1)
DRAFT SUBJECT CLASSIFICATION OF MULTILATERAL TREATIES AND OTHER INTERNATIONAL LEGAL DOCUMENTS	468	(7)
Bibliography	475	(54)
Index	529