Future of the Nuclear Security Environment in 2015 Proceedings of a Russian-U.S. Workshop (2009) / Chapter Skim
Currently Skimming:
LEGAL ASPECTS OF NEGOTIATION, ENTRY INTO FORCE, AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS OF THE RUSSIAN FEDERATION ON COOPERATION IN THE FIELD OF PEACEFUL USE OF NUCLEAR ENERGY
LEGAL ASPECTS OF NEGOTIATION, ENTRY INTO FORCE, AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS OF THE RUSSIAN FEDERATION ON COOPERATION IN THE FIELD OF PEACEFUL USE OF NUCLEAR ENERGY
Pages 135-144
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 135... ...
. It includes: • the constitution of the Russian Federation • federal constitutional laws • federal laws • international treaties and agreements subject to ratification and formatted as federal laws on ratification • international treaties and agreements not subject to ratification • decrees and edicts of the President of the Russian Federation • decrees and edicts of the Government of the Russian Federation • other bylaws and regulations adopted by the federal executive branch According to Article 15 of the Constitution, international treaties to which Russia is a party are a part of its legal system.
|
From page 136... ...
During the debates that preceded this law, the State Duma was trying to prevent the executive branch from keeping any international agreements outside the legislators' field of view. Therefore, Article 1 of the document contains an exhaustive list of international agreements subject to this law.
|
From page 137... ...
Such cases include those: 1) the execution of which requires changes in currently existing federal laws or the adoption of new federal laws; or international treaties that set rules different from those envisioned by national law 2)
|
From page 138... ...
It is required that in the summary finding there be a section on what additional means may be necessary to meet the treaty obligations and what federal laws will have to be amended or supplemented to make it happen. There have been cases when the Government provided erroneous forecasts of required additional financial expenditures or could not provide any forecasts at all because the treaty timelines and international contribution estimates were simply too vague or uncertain.
|
From page 139... ...
Decisions are made by a majority vote of committee members. Then, the draft federal law on ratification goes to review by various factions in the Parliament.
|
From page 140... ...
Similar commissions have been set up for ratification of such important and contentious disarmament instruments as the Chemical Weapons Convention, the Strategic Arms Reduction Treaty (START II) , and the Comprehensive Test Ban Treaty (CTBT)
|
From page 141... ...
MECHANICS OF CONCLUDING, ENTERING INTO FORCE, AND IMPLEMENTING AN AGREEMENT BETWEEN RUSSIA AND THE UNITED STATES ON PEACEFUL USE OF NUCLEAR ENERGY An agreement between Russia and the United States on peaceful use of nuclear energy185 must comply with provisions of Article 1 of the law ‘On International Treaties of the Russian Federation.' According to the law ‘On the Government of the Russian Federation,' the conclusion and implementation of treaties fall into the purview of the Russian Government. It therefore follows that, pursuant to Article 3 of the federal law ‘On International Treaties of the Russian Federation,' this agreement may be intergovernmental or even interagency in nature.
|
From page 142... ...
In the event that modifications or additions in existing federal laws may be required as a result of this agreement, Article 15 of law ‘On International Treaties of the Russian Federation' will apply. The Article states in no uncertain terms that the international treaty must be ratified.
|
From page 143... ...
law, the international treaty takes precedence. In other words, this Article establishes absolute priority of the international treaty over the national federal law.
|
From page 144... ...
It makes it possible for federal executive agencies to either prohibit or allow export of materials and technologies subject to export restrictions. At the same time, this regime requires that decisions governing exports of nuclear goods and services, including those going to the United States, be made on a case-bycase basis.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.