The amendment refers, in particular, to the right to make a claim for applying an interim measure in the European Court and to make a similar claim in the International Court of Justice. The representative of the RA Government’s international legal matters Yeghishe Kirakosyan said this at the sitting of the NA Standing Committee on State and Legal Affairs during the debate of the draft law on Making Addenda and Amendments to the Law on Representative on International Legal Affairs on March 20.
According to him, as mentioned in the current regulations, the representative on international legal matters makes a claim to the European Court to apply an interim measure, based also on the rules of the European Court, because those rules, according to the law, are the basis for interpreting the scope of authority for our representation in the European Court.
Yeghishe Kirakosyan mentioned that the second regulation refers to the similar authority of the International Court of Justice. He informed that the term temporary measure was used in the official translation of the UN and the Court’s Charter, and this is included in the NA expert opinion. Yeghishe Kirakosyan underscored that there is a regulation in the law, by which a similar claim is submitted by the Government decision. It is proposed to remove the regulation with the following logic, as it is done in the European Court. According to him, experience has shown that similar claims arise from urgent situations.
According to the representative of the RA Government’s international legal matters, the next amendment refers to legal disputes examined within the framework of arbitration proceedings or in the foreign courts, where the RA is involved either as a plaintiff or as a defendant, then there may be cases that the RA will negotiate to resolve the dispute through a reconciliation agreement. The draft law envisages that the agreement approving the reconciliation will be submitted to the Government for approval.
With the other amendment, it is proposed to send a lawyer or specialist to the Department for the Execution of Judgments of the European Court, European Court and Arbitration Centers.
He informed that until now it was implemented by the Government decision, but it is suggested that the RA Prime Minister is given similar authority to send similar bodies on the basis of the Prime Minister’s decision and sign a contract with specific persons based on that decision, if the person is not a public servant.
The NA deputy of Armenia Faction Artsvik Minasyan inquired from the representative on international legal matters Yeghishe Kirakosyan what phase is the implementation of the interim act of The Hague Court.
“It must be carried out, but, unfortunately, Azerbaijan ignores this decision, besides, it tries to distort the content of the decision at the official level. It is also presented in the letter of the Ministry of Foreign Affairs of Azerbaijan, which was addressed to the Secretary General of the United Nations. I know that our Minister has also submitted a letter in response to this,” Yeghishe Kirakosyan said. He added that they are working to include the item in the agenda of the UN Security Council.
The co-rapporteur, the Chair of the NA Standing Committee on State and Legal Affairs Vladimir Vardanyan noted that the amendments are both substantive and technical.
The Committee has endorsed the draft law.