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Incorporation of the results of law-making of international organizations in the legal system of the Republic of Belarus

Incorporation of the results of law-making of international organizations in the legal system of the Republic of Belarus. Закрепление результатов правотворчества международных организаций в правовой системе Республики Беларусь. The concept of the Law of International Organizations .

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Incorporation of the results of law-making of international organizations in the legal system of the Republic of Belarus

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  1. Incorporation of the results of law-making of international organizations in the legal system of the Republic of Belarus Закрепление результатов правотворчества международных организаций в правовой системе Республики Беларусь

  2. The concept of the Law of International Organizations • The law of international organizations is one of the major components of contemporary Public International Law. Despite the variety of approaches to understanding the Law of International Organizations, we can say that it is an integrated set of legal principles and rules governing the legal status, the organization's activities, interaction with other subjects of international law, participation in international relations.

  3. Sources of the Law of International Organizations • Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986 (Republic of Belarus acceded in 1999), • Convention on the Privileges and Immunities of the UN 1946 (Republic of Belarus acceded in 1953), • Vienna Convention on the Representation of States in their Relations with the Universal International Organizations 1975 (Republic of Belarus acceded in 1978), • Regulations, • Acts, establishing the status of personnel; • Agreements with States, in particular with the host country on various legal issues, • Agreements with the other international organizations; • Some decisions of the organizations, etc.

  4. The Republic of Belarus and international organizations

  5. UN Agencies

  6. Regional International organizations

  7. The structure of the Law of International Organizations • The Internal law of international organizations ("own law" of international organizations) • Rules that define the structure, the authorities of the boards of international organizations and their functions; • Rules determining the routine and the labor relations of the various categories of staff; • Rules determining the settlement of property, financial and other problems within the framework of international organization; • Rules of procedure of the organization. • The External law of international organizations: • Rules of the agreements of the international organizations with the states; • Rules of the agreements of the international organizations with the other international organizations.

  8. The structure of the Law of International Organizations • The rules relating to the activities of international organizations in the international lawmaking. Lawmaking (forming the law) - the volume category, which includes several steps: • understanding the social factors that cause the need for the emergence of legal rules; • the formation rules of conduct constituting the content of legal norms; • the recognition of this rule as a binding and, accordingly, secure by the measures of international law enforcement.

  9. The elements of the process of lawmaking • International organizations involved in the process of lawmaking through two activities – creation of law and enforcement. In implementing its lawmaking function intergovernmental organization may act as: • a subsidiary body in the lawmaking activity of the states; • a subsidiary body in the process of the preparation of the international conventions' projects (including the codification of the key institutions and sectors of the Public and Private International Law).

  10. In the role of the main subject of lawmaking and enforcement. The latter becomes possible: • at the conclusion of international treaties. • The first such agreements were concluded in the XIX century, in consequence, this practice has become more and more common. • Assistance Agreement between the Government of the Republic of Belarus and the United Nations Development Programme "(concluded in New York on 24/09/1992.) • Framework Agreement between the Government of the Republic of Belarus and the World Health Organization to establish technical advisory cooperation "(signed 20/05/1999)

  11. b) when making binding decisions. Here are the most important example of UN General Assembly Resolution. Implementation of the UN General Assembly Resolutions in national legislation subject to the following factors. It is important that this particular Resolution expressing the view of the world community as a whole, rather than a separate group of countries (the highest possible degree of agreement of the countries concerned, it is better - the consensus). The procedure for implementing predetermined by the content of the resolution, including it may be a dedicated mechanism for its implementation.

  12. Adoption of Regulations that are mandatory for the Member States of international organizations • ICAO, WHO and WMO may make Regulations mandatory for their members, providedtheirconsent. p.1 Decision of the Ministry of Transport and Communications of Belarus of 12.08.2009 N70 "On approval of rules of Aviation air transportation of passengers, luggage and cargo“. Aviation regulations of air transport of passengers, luggage and cargo, developed in accordance with the Convention on International Civil Aviation (Chicago, 1944), the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 1929), the Protocol amending the Convention for the Unification of Certain rules relating to International Carriage by Air signed at Warsaw on October 12, 1929 (The Hague, 1955), Standards and Recommended Practices of the International Civil Aviation Organization (ICAO).

  13. The main lawmaker • c) in making recommendations for the participants in international relations. • International Labour Organization Recommendation N 86 "On Migrant Workers (Revised 1949)" (together with the "Model Treaty on the temporary and permanent labour migration, including migration of refugees and displaced persons") (Adopted in Zheneve 01/07/1949). • International Labour Organization Declaration "On the Fundamental Principles and Rights in the labour sphere and its Follow-up" (Adopted in Zheneve 18/06/1998).

  14. A special type of recommendations of international organizations is the standard regulations. As an example, one may refer to: • The Model Law United Nations Commission on International Trade Law "On International Credit Transfers" (Adopted 01/01/1992); • The Model Law United Nations Commission on International Trade Law "On Electronic Signatures" (adopted in Vienna 07.05.2001); • The Model Law United Nations Commission on International Trade Law "On Electronic Commerce" (adopted in New York 12/06/1996, 12/16/1996, rev. From 06/01/1998 - 06/12/1998); • The Model Law United Nations Commission on International Trade Law "On Cross-Border Insolvency" (adopted in Vienna 05.30.1997); • The Model Law United Nations Commission on International Trade Law "On Procurement of goods (works) and services" (Adopted in New York 15/06/1994); • The Model Law United Nations Commission on International Trade Law "On International Commercial Arbitration" (adopted in New York 06/21/1985).

  15. Rule-making competence of the international organizations In creating any regulations the international organization should act in accordance with its rule-making competence, that is within the framework of the powers it possesses under the International Law. Law-making competence of international organizations is individual, and each one has the right to rule-making under special conditions in special, just her inherent forms, and only in accordance with the objectives defined in its statutes. Vienna Convention “On the Law of Treaties between States and International Organizations” 1986, provides that "the capacity of international organizations to conclude treaties is governed by the rules of these organizations" (Article 6). Art. 2 of the same Convention reveals the concept of "rules of the organization," which include the constituent instruments, relevant decisions and resolutions, as well as their established practice.

  16. The internal rules of the international organization should serve as the criterion for the delimitation of competence between structural units of the international institutions. Analysis of the practice of UN organizations allows us to conclude that the contractual competence is increasingly being redistributed in favor of the executive bodies. No less important is the question of the distribution of the competences between the bodies on the decision, binding on member states. Statutes of intergovernmental organizations provide that such decisions may be imposed by two bodies - the supreme and chief executive. The most extensive expertise in this matter belongs to the highest (plenary) authority.

  17. The Constitution of the Republic of Belarus • Article 8. "Belarus recognizes the supremacy of the universally recognized principles of the International Law and ensures compliance of their law with these principles. The Republic of Belarus in accordance with the International Law may on a voluntary basis enter interstate formations and withdraw from them. Not allowed the conclusion of the international agreements that are contrary to the Constitution”.

  18. The results of law-making of the international organizations in the legal system of the Republic of Belarus Art. 20 Law of the Republic of Belarus of 10.01.2000 N 361-L "On normative legal acts of the Republic of Belarus": "The rules of law contained in international treaties of the Republic of Belarus, are part of the existing legislation in the territory of the Republic of Belarus and directly applicable, except in cases where an international treaty sets that for the application of these standards requires the adoption (publication) of domestic regulatory instrument, and have the force of the normative legal act, which is expressed consent of the Republic of Belarus to be bound by an international treaty.”

  19. The place of international treaties in the hierarchy of the legal acts • Decree of the President of the Republic of Belarus of 02.07.1998 N 352 "On accession of the Republic of Belarus to the UNIDROIT Convention on International Financial Leasing" • Law of the Republic of Belarus of 16.11.2010 N 194 -L "On the accession of the Republic of Belarus to the International Convention on Simplification and Harmonization of Customs Procedures" This treaty has the force of Presidential Decree This treaty has the force of law.

  20. The cases of compulsory implementation of the international treaties into national legislation • If the subject of the international treaties of the Republic of Belarus are issues related to the scope of the legislative (regulatory) control, but are not regulated by legislation of the Republic of Belarus; • If the fulfillment of international commitments made under international treaties of the Republic of Belarus is impossible without the adoption (publication) of the relevant legal act; • If the participants of an international treaty agreed on the adoption (the publication) of the respective national laws and regulations.

  21. References to the instruments of the international organizations in sectoral legislation Article 8 of the Labour Code of the Republic of Belarus. "The Republic of Belarus recognizes the priority of generally recognized principles of the international law and ensures compliance of their labour law with these principles. The norms in force of international treaties of the Republic of Belarus and International Labour Organization conventions, ratified by the Republic of Belarus, are part of the existing labour legislation in the territory of the Republic of Belarus and directly applicable, except in cases where an international treaty or convention sets that for the application of these standards requires the promulgation of a national act. The rules of international treaties the Republic of Belarus and International Labour Organization conventions, ratified by the Republic of Belarus, are directly applicable in cases where certain relations are not regulated by the labor laws. If an international treaty or International Labour Organization convention, ratified by the Republic of Belarus, establishes other rules than those stipulated by labor legislation of the Republic of Belarus, the rules of international treaty or convention are applicable" .

  22. Resolution of the Council of Ministers of 30.10.2002 N 1504 "On Cooperation between Belarus and international organizations" Determined by the central governmental authorities and other state organizations subordinated to the Government of the Republic of Belarus as the head of the Republic of Belarus on cooperation with international organizations. They carry out work in the following areas: • ensure effective participation of the Republic of Belarus in international organizations and take the necessary measures to protect national interests; • develop long-term plans for cooperation with the international organizations, copies of which are submitted to the Ministry of Foreign Affairs, and concrete proposals for the development of such cooperation; • sent to the Ministry of Foreign Affairs annually no later than January 25 reports concerning the participation in international organizations.

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