BASEL PROTOCOL ON LIABILITY AND COMPENSATION RATIFICATION

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BASEL PROTOCOL ON LIABILITY AND COMPENSATION
RATIFICATION

• Warsaw, Poland, 18-20.January 2006.
• Nataša Kacic-Bartulovic, B.L.Sc.
• natasa.kacic-bartulovic_at_mzopu.hr
• www.mzopu.hr

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1.RATIFICATION?
Ministry of Environmental Protection, Physical
Planning and Consruction MINISTARSTVO ZAŠTITE
OKOLIŠA, PROSTORNOG UREÐENJA I GRADITELJSTVA
Republic of Croatia has not signed The Protocol
on Lability and Compensation

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2.ENTITIES WHICH CAN INITIATE RATIFICATION

• Croatian legislation which regulate adoption of
  the international agreements is
• Constitution of Republic of Croatia, OG No 41/01
• Law on Concluding and Execution of the
  International Agreements, OG International
  Treaties No 28/96
• Standing Orders of the Croatian Parliament OG
• No 06/02

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2.ENTITIES WHICH CAN INITIATE RATIFICATION II

• The decision for initiation of the ratification
  makes
• President of Republic of Croatia or
• Government of the Republic of Croatia
• The decision is the legal bases for the
  negotiation
• and ratification of international agreements

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2.ENTITIES WHICH CAN INITIATE RATIFICATION III

• Ratification procedure initiate Government of
  Republic of Croatia on the proposal of the
• Ministry of Foreign Affairs
• Croatian Parlament ratifies international
  agreements
• which will cause adopting or amending laws
• of military nature
• which are financialy binding for RC

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2.ENTITIES WHICH CAN INITIATE RATIFICATION IV

• Competent ministary retains the leading role in
  guiding the instruments during the ratification
  process

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3.RATIFICATION FLOW CHART
MEPPPC
Ministry of Foreign Affairs
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International Agreement Ratification Act Proposal
Draft
Government of the Republic of Croatia
Ministry of Finance
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Ministry of Justice
Croatian Parliament
2
Ministry of Foreign Affairs
Legislation Office of the Government
International Agreement Ratification Act
Other state bodies
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4.ENTITIES THAT MUST BE
CONSULTED before ratification take
place
1.Legislation office of the Government of the
Republic of Croatia, 2.Ministry of Finance,
3.Ministry of Justice and of 4.other state
bodies,due to the specific case
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5.FINAL DECISION MAKER
Croatian Parliament is taking the final decision
for ratification
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6.OTHER REQUIREMENTS for an international
instrument to be entered into force and /or to be
implemented
Ratified international agreement enters into
force as the Law on ratification on specific
international agreement, eight days after
publishing in the Official Gazette
International Treaties.
Each Law on ratification has the provision which
prescribes that the Government of the Republic of
Croatia is authorised to adopt subsidiary
legislation for the full implementation of
specific international agreement.
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7.DIFFICULTIES, CONCERNS AND OBSTACLES identified
to ratification of the Protocol
No difficulties and obstacles at practical and
legal/technical level. Major concerns Very
high financial limits and insurance
consequently
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THANK YOU FOR YOUR ATTENTION