Tarptautinės sutartys ir Lietuvos valstybė.
The author of the article points out that the importance of international treaties has increased in the international community’s life. The article overviews the dynamics of international treaties signed by the Republic of Lithuania during 1991-2001. According to the author, it would be expedient, basing on the theory of’ harmonisation of the national and international laws, to have a single international treaty concept both in the international and national laws. The author gives a positive evaluation of Articles 3 and 4 of the Law on International Treaties of the Republic of Lithuania regulating issues of pragmatism of international treaties. These Articles are noted as representing political safeguards, which may not be efficiently used if decisions concerning pragmatism of international treaties are taken by a single entity. The author proposes to eliminate the loophole in the law by defining the right of initiative of international treaties basing on the conception of the right of initiative. Naturally, this conception should be applied taking into account the specific character of the international law. The author proposes that in cases when an international treaty allows choosing alternative ways of recognising the treaty’s relevance in law, the state of Lithuania should give priority to the process of treaty ratification. All this is based on the specifics of the Lithuanian legal system. The author is of the same opinion as the Lithuanian scientists on the new norm in the Constitution, which would solve questions of primacy of international treaties over the national laws as well as the relations of international treaties and the Constitution.
- Articles / Straipsniai