Decision of Economic Court of the Commonwealth of Independent States
of June 22, 1998 No. 01-1/1-98
The executive Secretariat of the Commonwealth of Independent States appealed to Economic Court with request about interpretation:
Agreements on cooperation in the field of dissemination of knowledge and education of adults of January 17, 1997;
Security agreements premises of the military personnel, the citizens discharged from military service and members of their families in the State Parties of the Commonwealth of Independent States of March 28, 1997;
Decisions of Council of heads of states of January 19, 1996 about prolongation of effective period of the Solution of the State Parties of the Commonwealth of Independent States on measures for stabilization of situation on the site of Frontier of the Republic of Tajikistan with Afghanistan of January 22, 1993;
Solutions on procedure for preparation and training of military and civil personnel of the State Parties of the Commonwealth of Independent States allocated in structure of Collective forces on peacekeeping of October 8, 1996;
Decisions on urgent measures for development of Mir Intergovernmental TV & Radio Company of January 17, 1997;
Decisions on the draft of the Concept of economic integration development of the Commonwealth of Independent States of March 28, 1997;
Decisions on the mechanism of implementation of the Concept of economic integration development of the Commonwealth of Independent States of October 9, 1997 regarding determination of their objects and purposes and compatibility with them of the clauses formulated by the states when signing of the specified documents.
The executive Secretariat at the same time asks to answer questions who and how can determine that the clauses formulated by the states are incompatible with objects and the purposes of the document what can be the future of the clauses formulated to the specified documents.
Having heard the judge-speaker Sarsenbayev A. O., the representative of the Executive Secretariat of the Commonwealth of Independent States Tyshkevich M. M., having analyzed the conclusion of the General adviser of Economic Court Pronina M. G., having researched and having estimated case papers, the Economic Court came to the following conclusions.
According to Item 2 of the rule of 19 Rules of procedure of Council of the heads of states and Council of Heads of Government approved by the Decision of Council of heads of states of May 17, 1996, applicable law in the course of interpretation of interstate and intergovernmental agreements the Vienna convention on the right of international treaties of 1969 is.
Article 19 of the Convention provides the right of the state during the signing, ratification, acceptance or approval of the agreement or accession to it to formulate clause unless:
a) this clause is forbidden by the agreement;
b) the agreement provides that it is possible to do only certain clauses which this clause is not among, or
c) in the cases which are not falling under action of the Items "and" and "b", the clause is incompatible with object and the purposes of the agreement.
Studying taking into account the rules interpreted Agreements on cooperation in the field of dissemination of knowledge and education of adults stated in article 19 of the Convention of January 17, 1997 and the Security agreement by premises of the military personnel, the citizens discharged from military service and members of their families in the State Parties of the Commonwealth of Independent States of March 28, 1997 showed that they do not contain prohibition to formulate clauses and do not determine to what provisions of agreements they can be made.
Therefore, admissibility formulated by the states to the specified agreements of clauses shall be estimated from line item of their compatibility with object and the purposes of agreements.
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