Treaty Negotiation Advisory

Can private businesses influence international treaties?

Yes, through strategic advocacy and lobbying during the negotiation phase. We help industries present their case to government delegations to ensure favorable terms in trade or tax agreements.

What is an Investment Agreement with the State?

It is a contract between a foreign investor and the host state outlining the terms of a major project. We advise on drafting these agreements to include crucial protections like stabilization clauses and dispute resolution via arbitration.

Why do I need a lawyer for treaty negotiations?

International treaties create binding obligations for decades. A specialized lawyer ensures that the legal text is precise, free of hidden risks, and fully aligned with your long-term commercial or strategic interests.

Do you assist with the ratification process?

Yes, after signing, we can provide legal support during the ratification stage, helping to navigate parliamentary procedures and ensuring the treaty enters into force smoothly.

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Negotiating international treaties is a complex and multi-layered process that defines the rules of engagement between countries and organizations for decades. However, this process involves more than just diplomats. The private sector, business associations, and NGOs are often interested in having their key issues reflected in new trade, tax, or investment agreements. The involvement of a qualified legal advisor in the negotiation process ensures that the treaty text is precise, interests are protected, and future risks are minimized. This is the intersection of commercial diplomacy and law.

Legal.ge offers access to high-level consultants with experience participating in international negotiations. The service is intended for both government agencies and the private sector and includes:

  • Strategy Development: Defining the negotiating position, establishing "red lines," and analyzing Best Alternative to a Negotiated Agreement (BATNA).
  • Drafting: Formulating treaty clauses so that they are technically sound and compliant with international law standards.
  • Impact Assessment: Analyzing how the new treaty will affect a specific industry, business environment, or legislation.
  • Lobbying and Advocacy: Representing private sector interests to government delegations during the negotiation process (e.g., on Free Trade terms).

Negotiation advisory is relevant in many situations. For example, the Georgian government begins negotiations on a new Free Trade Agreement (FTA) with an Asian country. Georgian wine exporters want the agreement to include zero tariffs on their products. They need a lawyer to prepare a reasoned position for the government. In another case, a foreign investor enters Georgia with a major infrastructure project and wants to sign an Investment Agreement with the state. At this time, agreeing on terms such as a stabilization clause and dispute resolution mechanisms is critical.

In Georgia, the process of concluding international treaties is regulated by the "Law of Georgia on International Treaties of Georgia." The law defines the procedures for negotiation, signing, ratification, and entry into force. Negotiations are primarily conducted by the Ministry of Foreign Affairs or relevant sectoral agencies, but external expert involvement is increasingly in demand. For the private sector, this is an opportunity to influence the rules of the game before they become law.

The process begins with preparatory work: legal research, study of precedents, and economic analysis. During the negotiations, the lawyer constantly reviews proposed wordings and warns the client about hidden dangers. After signing, the ratification stage begins, where legal support in interacting with Parliament is also important.

Experts presented on Legal.ge possess not only legal knowledge but also diplomatic skills. Successful negotiation is not luck; it is preparation. Our specialists will help you be prepared for international dialogue of any complexity.

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