The Legal Framework of Treaty Negotiations
Negotiations on international treaties are in Georgia not merely diplomatic practice — they are a strictly law-governed procedure. The law defines the entire chain: from recommendations and proposals on the conclusion of a treaty, through the intention to participate, the decision to open negotiations and the negotiating mandate, to submission to parliament. For commercial organisations cooperating with the state on international agreements, knowledge of this framework is decisive.
The Parliament of Georgia submits its recommendations on the conclusion of a treaty to the Government. The Supreme Court and the Public Defender may also submit recommendations on matters within their competence. Recommendations must contain a substantiation of the expediency of concluding the treaty. Where the Government approves them, it instructs the Ministry of Foreign Affairs, within 2 months of their submission, to prepare a proposal on the conclusion of the treaty.
Proposals and Conclusions
The Ministry of Foreign Affairs submits its proposal to the Government no later than 6 months from the relevant decision. A ministry's proposal must contain the authentic text of the treaty in Georgian and the relevant foreign language, and a substantiation of the expediency of conclusion and of its political, legal, economic, financial and other possible consequences. Where necessary, it must be accompanied by a draft of amendments to normative acts and identify the state organ responsible for implementation.
The proposal first passes through conclusions: the Ministry of Foreign Affairs presents it to the Ministry of Justice for a conclusion on compliance with legislation, to the Ministry of Finance for a conclusion on possible financial-economic consequences, and to the relevant ministry. This multi-stage check guarantees that the treaty systematically corresponds to Georgian law.
Intention, Decision and Mandate
Where participation in a treaty requires the prior consent of another state or international organisation, the Ministry of Foreign Affairs submits to the Government a proposal on the intention to participate. The decision on the intention is taken by the Government in the form of a disposition. The decision to open negotiations and to sign inter-state and inter-governmental treaties is likewise taken by the Government; for inter-agency treaties — by the Ministry of Foreign Affairs in agreement with the relevant agency.
A negotiating mandate defines the object of the negotiations and the limits of the person's competence. Mandates for inter-state and inter-governmental treaties are issued by the Prime Minister by order and formalised by the Ministry of Foreign Affairs; for inter-agency treaties — by the Minister of Foreign Affairs. At the same time, the President, the Prime Minister and the Minister of Foreign Affairs may perform all treaty-related actions without presenting credentials, and heads of diplomatic missions may negotiate for the adoption of a text with the state of residence.
Submission to Parliament and Ratification
A treaty whose binding recognition requires the consent of parliament is submitted for ratification by the Government. The treaty must be submitted in Georgian, and where an authentic foreign-language text exists, together with a officially certified Georgian translation. It must be accompanied by the Ministry of Justice's conclusion on compliance with legislation and the Ministry of Finance's conclusion.
Parliament examines the treaty submitted for ratification and adopts the decision by a majority of the full composition, in the form of a resolution. On the basis of that resolution the Ministry of Foreign Affairs issues the instrument of ratification. Such is the path by which an agreement reached in negotiation becomes a binding norm of the state.
The Role of Business and Practical Advice
In the context of commercial diplomacy, business interests in international agreements are protected precisely through these procedures: introducing economic assessments at the conclusions stage, substantiating the negotiating position, and monitoring outcomes. The institute of recommendations leaves lawful space on the side of parliament, the Supreme Court and the Public Defender for active representation of interests.
Practical advice: when preparing for an international arrangement, start early — 2 months from recommendations to proposal, 6 months for the proposal's preparation, and the full spectrum of conclusions demand planning. Legal accompaniment at these stages prevents the agreement's incompatibility with domestic law.
Frequently Asked Questions
Who decides to open negotiations?
For inter-state and inter-governmental treaties — the Government by disposition; for inter-agency ones — the Ministry of Foreign Affairs in agreement with the relevant agency.
What must a proposal contain?
The authentic text in two languages, a substantiation of expediency and of all possible consequences, and where necessary a draft of normative amendments and the responsible organ.
Who issues the negotiating mandate?
For inter-state and inter-governmental treaties — the Prime Minister by order; for inter-agency ones — the Minister of Foreign Affairs. The Ministry of Foreign Affairs formalises it.
By what majority does ratification pass?
Parliament adopts the resolution by a majority of its full composition, on the basis of which the instrument of ratification is issued.
How We Help on Legal.ge
The Legal.ge team accompanies clients in processes related to international agreements: preparing substantiations, working with conclusions, and legally assessing outcomes. Contact us at an early stage of your project.