The Role of International Law

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The role and function of international law are of increasing interest in Georgia. As Georgia looks toward fuller integration with the international community, people are starting to think about what exactly is included in Georgian legislation and what role international law plays in it.

It is often said that Georgia is not fulfilling the obligations of international treaties and conventions. The logical question arises: What international conventions apply and why is Georgia bound and obliged to obey?

Georgia Today interviewed Irakli Kandashvili, lawyer of the law firm Andronikashvili, Sachsen-Altenburg, Murat and Partners about Georgia and international law.

G.T: What can you say about the role, function and place of international law in Georgian legislation?

Irakli Kandashvili: International Treaties and Conventions rank immediately after the Constitution as the laws superior to any other law of Georgia.

Georgia has recognized International Treaties and Conventions as part of its legislation. They have higher legal status than domestic legal acts, except for the Constitution. A Constitutional Agreement between the Georgian State and the Georgian Orthodox Church passed in 2002 has not been legally tested yet. Therefore, its exact hierarchical position remains unclear. In regards to all other laws, the Constitution of 1995, Article 6.2 clearly states: The legislation of Georgia shall correspond to universally recognised principles and rules of international law. An international treaty or agreement of Georgia, unless it contradicts the Constitution of Georgia, the Constitutional Agreement, shall take precedence over domestic normative acts.

G.T: Is such a concept given in any other Georgian law?

Irakli Kandashvili: Two other Georgian laws reconfirmed the position of international treaties: The Law on Normative Acts, Article 4, confirms that an international treaty of Georgia is a legal act of Georgia. And The Law on International Treaties, Art 6.1, states that ‘An international treaty of Georgia is an inseparable part of the Georgian legislation.’

G.T: So it happens that the conventions and international treaties to which Georgia has subscribed are necessary to fulfill? Is Georgia a party to many such treaties?

Irakli Kandashvili: Between 1991 and the present, Georgia has become a signatory of numerous treaties, declarations and internationally binding agreements which thereby serve as directly acting law on Georgians. The probably incomplete list can be checked at the web site www.parliament.ge.

These conventions must not be violated; they are the law for Georgia. The Georgian law on Normative Acts, Article 19, gives a juridical hierarchy of acting normative acts of Georgia according to which International Treaties and Conventions rank immediately after the Constitution as law superior to any other law of Georgia.

For example, if property rights are violated in Georgia it means that not only the Georgian Constitution, Article 21 is violated, but also such international treaties as Universal Declaration of Human Rights, Article 17 and the European Convention on Human Rights that also protect property rights. I should mention that ratification of the European Convention on Human Rights and Fundamental Freedoms was a pre-condition for Georgia to become a member of the Council of Europe. The European flag flown before the Parliament building in Tbilisi is a vivid reminder that the government of Georgia is promising on a daily basis to honor these principles. Furthermore, international human rights and freedoms are directly acting laws in Georgia. No further legislation is needed, because in connection with Article 6, and if part of an international treaty or convention, they have precedence over any other, lower Georgian law. The Georgian Constitution Constitution of 1995 states in Article 7: “The state shall recognise and protect universally recognised human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the state shall be bound by these rights and freedoms as directly acting law.” However, we should not assume that these rights only began in 1995. They were based already on the Georgian Constitution of 1921, and, again, on the Act of the Restoration of Independent Statehood dated 9 April 1991.

G.T: Not everybody comes into contact with major treaty issues. Are there any other minor issues that might be of interest to an ordinary citizen?

Irakli Kandashvili: The first issue that comes to my mind would be a possible violation of copyright, meaning the intentional or unintentional use of photographic, cinematographic material, or music, the copying of passages from literature or even from school textbooks, and such things. Many people think this is allowed in Georgia, but that is wrong. Not only does Georgia have a copyright law, but some issue is not addressed therein are covered by the Bern Convention which is also been ratified by Georgia. An originator of any work is clearly protected from inappropriate use in Georgia, no matter where he might live. In fact, his rights are protected for 70 years from his death.

G.T: What if the violation took place during Soviet Union times, that is to say, before 1991?

Irakli Kandashvili: It matters not so much when the violation took place originally about whether it takes place at the present time. If, for example, a movie produced during the 1980s is shown on Georgian television today, and thereby violates the rights of another party, then a claim arises today. Ignorance of these laws is not a protection either.

Mamuka Gogichaishvili

17.03.2006