For this, each of the following points must appropriately be taken into account:. One is that the extended consideration that the search for consensus almost always entails frequently results in an improvement in the text under consideration, as ingenuity is applied to ways of overcoming real and perceived obstacles to particular solutions. Login or sign up to add videos to your collections. While good annual reports are available on those treaties of which the UN Secretary-General is the depositary, 34 this is less true of treaties deposited with other entities, and in particular with states - such as all the regional-seas conventions and their protocols.
Such studies may deal, especially in respect of proposed environmental instruments, with scientific or technical matters, or with the current state of national and international activities and laws in the area. As to how any necessary studies are carried out, this depends in part on their nature and in part on the usages of the IGO concerned. Often this task is assigned to the organization's secretariat, which can either perform it with its own resources, with specially engaged staff especially if the exercise is a large-scale one - such as the Third UN Conference on the Law of the Sea, UNCLOS III , or with consultants.
Another favoured approach is to convene expert groups, the members of which are either appointed by the executive head of the lGO who is likely to do so on the basis of governmental recommendations and will in any event take into account various political balances or by particular states interested in and able to participate in the project.
Finally, the task may be carried out by a particular subsidiary organ of the sponsoring IGO, especially if such organ has itself an expert character such as ILC.
Perhaps no other step can be carried out in so many different ways as the preparation of the initial draft of a proposed norm-creating instrument. Sometimes a draft is submitted by the initiating state as part of its first proposal of the project - though, unless such submission is preceded by careful albeit informal consultations, it is likely to create suspicions and even a backlash.
Sometimes the preparation of such a draft is assigned to the organ charged with preparing the above-mentioned initial studies and constitutes part of its report. Lastly, the draft may be prepared in the negotiating forum see next subheading by a specially assigned rapporteur, a working group, or the secretariat, or simply evolve gradually out of the consideration of the subject.
Rather than starting with a complete draft text, with each of at least the substantive provisions spelled out completely, even if only tentatively, it is sometimes found preferable to start with only "heads of agreement," i. In any event, the so-called "formal" or "final clauses" are often omitted entirely at this stage, unless some aspect of them e. The most difficult and generally the longest substage in formulating a new instrument is that required to negotiate its terms and text.
It is this part of the process that is most clearly political, in that it involves the mediation of the various interests concerned: The need for such negotiations naturally informs the entire legislative process - indeed, it is one of the reasons why that term is appropriate, for the negotiations required to formulate international laws may differ in scope but not in any other essential respect from those required for national or even local laws.
Often negotiation starts before the treaty-formulating process has been formally initiated, in that the initiator may consult with leading states before ever introducing a proposal. The considerations involved in whether to initiate the process may also already involve advance decisions as to substance and form, which may be reflected in the terms of the IGO resolution approving the start of the process 10 and also in the choice of or in the composition of any ad hoc organs whether expert or representative mandated to carry out or to assist in the formulating process.
Though in principle the negotiations culminate in the decision on the adoption of the proposed instrument, in practice they may continue as they have in respect of UNCLOS and especially the protection of the ozone layer 11 even into the post-adoption period.
Naturally, the preferred organ for carrying out negotiations is a representative one, that is an organ consisting of the instructed representatives of states. If the sponsoring IGO is a worldwide or large regional one, then most often the designated organ is a restricted one, that is not a plenary one in which all IGO members are represented. A standing restricted organ such as the member UNEP Council or the governing organ of a specialized agency always has a balanced composition considered appropriate for the general business of the IGO 12 if the task is assigned to an ad hoc organ, then the agreement about its composition may constitute, as pointed out above, one of the initial manoeuvres in the negotiating process.
However, it should be understood that even if certain steps in formulating an instrument are assigned to an expert organ, the latter is likely to function, in effect, as a negotiating forum. Although the negotiations are normally carried out by persons formally designated as state representatives, such as the members of IGO organs, it has become more and more customary to permit a certain participation to the representatives of non-official organizations, in particular of NGOs.
It is this device that increasingly permits the interested public, i. This is a most significant and relatively recent development, which is particularly important in the environmental field, where a number of well-financed and knowledgeable NGOs including, of course, those established by interested business and industrial councils operate and consider their participation in international norm-making to be a major aspect of their work.
The international legislative process is, in spite of the increasingly frequent but still peripheral involvement of ad personam experts and of NGOs, primarily a dialogue among governments, carried out by their designated representatives for the most part in IGO organs.
Thus, in a sense, governments, at least the principal ones, are technically always up to date with the state of progress of any given legislative project. Nevertheless, especially since the bulk of this work is normally carried out in low-profile IGO organs with restricted membership, it is useful for many governments, and especially for the majority not represented on such organs, to receive periodic progress reports and in particular to be given an opportunity to make a direct input.
This may be accomplished in several ways, but two are the most usual. Organs with restricted membership, whether or not these are constitutional principal organs i e. In reporting on a legislative project, they may, depending on the custom of the organization, report in greater or lesser detail, ranging from a mere statement that work is continuing, to transmission of the texts of the latest draft, perhaps indicating areas of disagreement often by the use of square brackets to designate disputed or alternative texts , or even the submission of summary or verbatim records of the relevant debates.
The culmination of such a discussion may be a specific resolution asking that the legislative exercise proceed in a certain way or take into account certain points, or it may merely result in the relevant records of the plenary organ being transmitted to the junior organ for its information as reflecting the reaction of a larger circle of governments. An alternative method is to inform the governments of member states directly about the progress of the legislative project, usually through communications addressed to them individually by the executive head of the IGO.
Such communications may be required by the mandate of the formulating organ to be made at certain stages of the work e. In many instances the communication will request that reactions to the report, and sometimes answers to specific questions, be communicated within specified deadlines to the executive head for transmission to the organ concerned. This process, which is not likely to be undertaken routinely or frequently, gives an opportunity to all potential parties to the instrument under consideration, and especially to those not otherwise represented, to communicate their considered and detailed views as to all questions at issue.
Although, as just pointed out, provision is frequently made in the international legislative process for formal consultations with governments, the same is rarely if ever true in respect of consultations with other entities, i. Nevertheless, as multilateral treaty-making is generally carried out in the open, i. This process is, of course, at best unsystematic and often ineffective, in particular in respect of the views of those who do not happen to be citizens of an advanced democratic country.
And even in those, certain categories of persons are traditionally politically powerless. Nor are the interests of future generations systematically protected, but only insofar as certain articulate and sensitive individuals or groups take account of them. When it is judged by the competent organ which may be the one charged with the formulation of the proposed treaty instrument or the plenary organ to which it reports that the process of treaty formulation is complete or at least that it has progressed as far as it can at that stage, a decision as to its adoption must be taken.
One possible decision of course is that the instrument under consideration should not be adopted, either at all or at the current time. If it seems otiose to return it to the formulating organ, the project may be put into indefinite abeyance or may be terminated entirely, for example if a change in circumstances, such as the formulation of a similar instrument in some other forum, makes it pointless to proceed.
If, however, as is usually the case, the prospects of a carefully elaborated treaty do not appear to be entirely unpromising, a number of further decisions must be taken.
If it is decided to move to adoption, the forum in which this should occur must be designated. In some instances that decision is predetermined by the constitution or practices of the IGO, which may dictate a particular procedure.
Thus, if there is no standing organ that fulfils that specification e. The adopting forum must, at the end of its work, be able to approve the texts of one or more instruments to be then submitted for formal action by states. Deutsche Deutsche Hausfrau verschlingt den Klempner. Please send any copyright reports to: Only one flag request every ten seconds is allowed.
Please try again later. Ads by Traffic Junky. Autoplay Next Video On Off. BFFs Site Ranking 76 th. House Of Taboo Site Ranking th. Pegas Productions Site Ranking nd. Deutsche Hausfrau verschlingt den Klempner. EN to suggest to propose to put forward to put up. EN to submit to vote to canvass. Yet this is the opposite of what is proposed in these resolutions. In the report of the Committee on Agriculture, 48 amendments are proposed.
It has now been suggested that he be given a further period of eight years. There is no reason to have the remainder of the paragraph as it has been suggested. A report is submitted which says that we must now extend the regulation.
Thirty-eight times we have tabled a motion proposing that travel expenses should be based on receipts submitted. I would therefore suggest that you reconsider the simplified labelling system. I would like to suggest that it be called the Phoebus Prize after the sun god. What will the Commission propose to the European Council in Barcelona? The Committee on Budgets will propose to the plenary that the budget for be restrictive. I do not understand how people can argue in that way or put forward a proposal along those lines.