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Treaties |
- Forms
There are bilateral treaties, multilateral, regional and universal ones.
The 1969 Vienna Convention on Treaties describes a
treaty as “an international agreement concluded between States in written
form and governed by international law, whether embodied in a single instrument
or in two or more related instruments and whatever its particular designation.”
It is therefore important to note that a treaty must be in written form and that
an oral agreement does not constitute a treaty in international law.
- Why?
There are various reasons to become a party to a treaty. First of all, and a
major condition, it shall in principle be in the interest of the country and its
people. Second, when it concerns customary law, rules that are already in
practice, formal accession to a treaty that has codified such customary law does
not make much difference. Thirdly, one may wish to look at what the neighbouring
countries are doing in view of the reality of regional coioperation. Four,
sometimes, ‘peer pressure’ may be at stake: the parliament of a donor country,
for instance, tells its government to provide development aid only to those
countries that are a party to certain (e.g. human rights or disarmament)
treaties.
And finally, there are cases in which we simply have to ‘sign up’, because
the UN Security Council adopts a resolution calling on all countries to do so,
as was the case with the terrorism conventions.
- How to become a party?
When a state signs an international treaty, it is not yet bound.
Usually, it is the head of state, the prime minister or the minister of foreign
affairs who signs a treaty. They represent the executive, whereas making
laws is in principle the prerogative of the legislative, the parliament
or national assembly. That is why upon signing a treaty, this treaty should in
principle be put before the legislative in order to have the signature ratified.
Once the legislative agrees with the treaty (an act to be considered a ‘law’),
the executive, often after the head of state also having confirmed his
agreement, sends the instrument of ratification to the depositary of that
treaty (most often the UN Secretary General). Acceptance, amounts to the
same as ratification, but often without a parliamentarian involvement. There is
on the international legal level no substantive difference between a signature
subject to acceptance or approval and a signature subject to ratification. In
fact, it is now common for multilateral treaties to provide that they be
‘subject to ratification, acceptance or approval’.
In case no signature has been submitted, the process of signing and
ratification is combined into one act of accession. Hence,
signature+ratification=accession. Only upon ratification (acceptance) or
accession a country is legally bound by a treaty (that is, when the treaty has
indeed entered into force).
- MOUs
Reference should also be made to the Memorandum of
Understanding (MOU). A similar ‘instrument’ is the Exchange of Notes. Not all
agreements can be embedded in treaties and MOUs are therefore often the
preferred way of doing ‘business’, also because they can in principle be kept
confidential. They are normally not registered with the UN (as per the Charter’s
art. 102). Very few countries publish MOUs, or name them in their official
gazettes. MOUs are less binding, and do not usually use terms like ‘shall’,
‘undertake’, ‘obligations’ or ‘rights’. MOUs are in principle not meant to
create a legally binding obligation, and, therefore, it is put forward, do not
need to be submitted to the approval of the legislative.
Lao PDR Action in the Field of International Law, 2006
S = signature; R = ratification; A = accession; AR = acceptance
1. Cooperation
- ASEAN Treaty on Mutual Legal Assistance in Criminal Matters (R
- Convention Establishing a Customs Co-operation Council (A)
- Regional Cooperation Agreement on Combating Piracy and Armed Robbery against
Ships in
Asia
(ReCAAP) (AR)
2. Environment, Health
-
Stockholm Convention on Persistent Organic
Pollutants (POPs) (R)
- International treaty on Plant Genetic Resources for Food
and Agriculture (A)
- The
London amendment to the Montreal Protocol on
Substances that Deplete the Ozone Layer (A)
- World Health Organization (WHO Framework Convention on
Tobacco Control (R)
3. Labour
- ILO Convention 138 on Minimum Age (A 2005; in force since
June 2006)
- ILO Convention 182 on Worst Forms of Child Labour (ibidem)
4. Human Rights
- Convention on the Rights of the Child, Protocol on sexual
exploitation (A)
- CRC Protocol on child soldiers (A)
- ICESCR, the main covenant on economic, social and cultural
rights (R); in force as from 13 May 2007
5. Trade, Communication
- Convention Establishing a Customs Cooperation Council (A)
- Asia-Pacific Trade Agreement (AR)
- CLMV Multilateral Agreement on Air Services (AR)
- Agreement on ASEAN Harmonized Electrical and Electronic
Equipment (AR)
- Agreement to Establish and Implement the ASEAN Single
Window (AR)
- Protocol to Implement the Fourth Package of Commitments on
Air Transport Services under the ASEAN Framework Agreement on Services (AR)
- Patent Cooperation
Treaty (intellectual property) (A)
List of Multilateral Treaties to which the Lao PDR
is a party
1.
UN
and other multilateral Conventions
2.
Regional Agreements
3.
ASEAN Agreements
List of
Bilateral Treaties
to which the Lao PDR is a party
1.
Bilateral Treaties
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