Key Benefits:
law no 401
SEPTEMBER 18, 2013 LAW
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
TREATY CELEBRATION LAW
TITLE I
GENERAL PROVISIONS
CHAPTER I
OBJECT, PURPOSE, SCOPE, AND PRINCIPLES
Article 1. (OBJECT). This Law is intended to establish the procedure for the Celebration of
International Treaties by the Plurinational State of Bolivia, in accordance with Article 258 of the Constitution of the State.
Article 2. (FINES). The purposes of this Law are:
Identify the attributions in the Celebration of Treaties;
Regular the scope of the effects of the Celebration of Treaties by the Plurinational State of Bolivia; and
Establishing interagency coordination guidelines among public entities responsible for the Celebration of Treaties.
Article 3. (SCOPE OF APPLICATION).
I. The provisions of this Law apply to the procedures for the Celebration of Treaties throughout the territory
national, as well as those involving embassies, consulates and other international representations of the State Plurinational of Bolivia abroad.
II. The provisions of this Law do not apply to inter-institutional agreements signed by the entities
autonomous territorial entities with one or more foreign governmental bodies or international organizations, which will necessarily be defined in a previously ratified Framework Agreement in accordance with the procedure laid down in the Constitution of the State.
Article 4. (PRINCIPLES).
I. The negotiation, subscription and ratification of international treaties will be governed by:
Independence and equality between states, non-intervention in internal affairs, and peaceful resolution of conflicts.
Rejection and condemnation of all forms of dictatorship, colonialism, neo-colonialism and imperialism.
Defense and promotion of human, economic, social, cultural and environmental rights, with repudiation of all forms of racism and discrimination.
Respect for the rights of indigenous peoples native peasants and Afro-olivians.
Cooperation and solidarity between states and peoples.
Preservation of heritage, capacity for management and regulation of the state.
Harmony with nature, defense of biodiversity, and prohibition of forms of private appropriation for the exclusive use and exploitation of plants, animals, micro-organisms and any living matter.
Security and food sovereignty for the entire population; import ban, production and placing on the market of genetically modified organisms and toxic elements harm health and the environment.
Access of the entire population to basic services for their well-being and development.
Preservation of the right of the population to access to all medicines, mainly
Protection and preferences for Bolivian production and promotion of exports with added value.
II. Additionally and with a referential character, the provisions of this Law will be interpreted by the following principles
International Law generals:
Good Faith. The confidence expressed in the fulfilment of the obligations under the Treaties with other States, International Organizations and other international subjects, in order to maintain a reasonable certainty around the commitments entered into.
Ex consensus upstart binding (From the parties ' consent to the obligations). The consent of the Parties constitutes the central element of the law of the Treaties. It applies not only to the primary wording of the Treaty, to its adoption, but to each and every manifestation that is generated.
Irretroactivity of the Treaties. The Treaties do not apply to acts or acts which have occurred prior to its ratification or to those that were extinguished by the date of its entry into force, except where the Parties express their intention to force themselves in advance and, where it involves "continuous situations", which are initiated prior to the ratification of the Treaty and are still in force.
Jus cogens (Law for the Subject of International Law). It is void of any Treaty that in time of its celebration is opposed to an imperative norm of General International Law, accepted and recognized by the International Community States as a rule that does not accept agreement to the contrary and, which can only be modified by a subsequent rule of general international law having the same character, scope, hierarchy and effectiveness.
Pacta sunt servanda (The word Given must be fulfilled). Represents a universally accepted principle, responds to a legal need for all international order and legal certainty to be immediately founded on it, since it implies that any Treaty in force obliges the Parties and must be fulfilled by them in good faith.
Advertising. The Treaties and International Agreements are public in nature.
Res inter alios acta (Conventions between the Parties do not generate rights or obligations to third parties). A Treaty does not produce effects on third States; does not create rights or obligations for these.
III. All the servants and the public servants involved in the negotiation, adoption, authentication of the text, signature
and ratification of the International Treaties, will be subject to the constitutionally defined principles with mandatory and low character responsibility for the public function.
Article 5. (SOURCES FOR THE CONCLUSION AND INTERPRETATION OF THE TREATIES).
I. The Plurinational State of Bolivia, in the Celebration and Interpretation of the Treaties, will observe:
Political Constitution of the State.
International Treaties in force.
Decisions Court.
II. When a void is presented in this Law, the general principles of law and
other sources of international law will be in order.
CHAPTER II
DEFINITIONS
Article 6. (DEFINITIONS). The following definitions apply for the purposes of this Law:
Adoption. The adoption of the text of a Treaty represents the stage following the negotiation, when the States and/or their assigned delegations agree on the text of the Treaty, granting their approval in such a way as to acquire effectiveness, through the consent of all States participating in their preparation and discussion, or by a majority of two thirds of the States present in International Conferences, unless these States decide by the same majority to apply a different rule.
Authentication. Procedure by which the text of a Treaty remains established as authentic and definitive by signing or signing a simple signing or signing ad referendum of the undersigned State.
Interpretive Declaration. The formal pronouncement of the Plurinational State of Bolivia, regarding its an understanding of a question in a particular provision of a Treaty or the interpretation thereof, without seeking to exclude or modify the legal effects of a Treaty or certain provisions of this Treaty.
Contracting party. State which consented to be bound by a Treaty, whether or not vigor.
Negotiator Status. State that participated in the elaboration and adoption of the text of a Treaty.
State Party. State that consented to be bound by a Treaty and with respect to which the Treaty was
ad Referendum. Act by which a State expresses its consent to be bound by a Treaty, which shall be deemed to be final subject to its subsequent approval or ratification by the competent authorities of the country.
Ratification Instrument. A Legal Document that is issued when a State intends to ratify, accept, approve a Treaty, or adhere to it, as provided for in its text.
Instrument of Accession. Document by the The Plurinational State of Bolivia expresses its willingness to commit itself to the agreed in a signed International Treaty.
Negotiation. Phase of discussion and exchange of views of the process of the conclusion of the Treaties, which aims to achieve an agreement between the Parties, in order to determine the clauses of the relevant International Instrument. Bilateral treaties are adopted unanimously and the multilateral treaties, as provided by the States Parties and, in the absence of agreement, by the two-thirds present and voters.
Full Powers. Document by which designates one or more persons to represent the Plurinational State of Bolivia in any act concerning the Celebration of Treaties.
Ratification. Act by which the Plurinational Legislative Assembly approves by Law, the Treaty subscription.
Reservation. Statement unilateral, whatever its statement or denomination, presented by the Plurinational State of Bolivia when signing, ratifying, accepting, approving a Treaty, or by joining it, in order to exclude or modify the application of the legal effects of certain provisions of the Treaty.
Treaty. International Agreement concluded in writing between subjects of International Law, governed by International Law, consisting of a single instrument or two or more related instruments, creating legal obligations and whatever your particular denomination.
CHAPTER III
FORMAL AND ABBREVIATED TREATIES
Article 7. (FORMAL TREATIES). It is defined as the Formal Treaty that international legal instrument
that requires ratification by the Legislative Body.
Article 8. (ASAS). Formal Treaties may be held in the following subjects:
Community law;
Human rights;
Border issues;
Monetary integration;
Structural economic integration;
Transfer of institutional competencies to international or supranational bodies, in the framework of integration processes;
Trade Economic Agreements; and
Other matters in accordance with the applicable State Political Constitution and applicable regulations.
Article 9. (PROCEDURE FOR THE CONCLUSION OF FORMAL TREATIES).
I. The Celebration of Treaties before the Executive Body involves the phases of negotiation, adoption, authentication of the text, signature
and reservation.
II. This procedure continues before the Legislative Body and understands the ratification of the Treaty, and in general it must
respond to the ends of the State in the light of the sovereignty and interests of the people and society.
Article 10. (ABBREVIATED TREATIES). Those Treaties that deal with the exclusive powers
of the Executive Body and which do not require ratification by the Legislative Body for their matter, are charged to their sole signature.
Article 11. (PROCEDURE FOR THE CONCLUSION OF ABBREVIATED TREATIES). In the Abbreviated Treaties, the celebration includes only the negotiation, adoption and authentication of the text, being perfected with the definitive signature, which is not subject to ratification, with its entry into force on the date and form agreed upon in the terms of the Treaty itself.
TITLE II
DRAFTING OF TREATIES
CHAPTER I
REPRESENTATION OF THE STATE BOLIVIA ' S PLURINATIONAL
IN THE CELEBRATION OF TREATIES
Article 12. (COMPETITION).
I. In accordance with the provisions of Article 298 of the Constitution of the State, the central level of the State has
private competition on foreign policy, therefore, its legislation, regulations and execution, do not recognize
transferable or delegable character.
II. The Vice President or the Vice President of the State has the attribution to participate jointly with the President or the
State President, in the formulation of the policy
III.
III. The Minister or Foreign Minister has the power to propose, coordinate and execute the policy
Foreign of the Plurinational State, as well as, subscribe Treaties, Conventions and other international legal instruments, in function to the precepts of the Political Constitution of the Plurinational State, ensuring its registration, custody, dissemination and publication.
Article 13. (REPRESENTATION). By virtue of their powers and without the need for full powers, they represent
the Plurinational State of Bolivia:
The President or the President of the State and the Minister or the Minister of Relations Foreign, for any act of an international character concerning a Treaty;
The Head and Heads of the Diplomatic Missions and Permanent Missions to International Organizations, for negotiation in coordination and prior instruction from the Ministry of Foreign Affairs and the Ministry involved in the subject, adoption, authentication of the text and signature of a Treaty between the Plurinational State of Bolivia and the State or International Agency before which they are accredited;
The Head and Heads of the Special Missions sent to one or more foreign states for the negotiation, in coordination and prior instruction of the Ministry of Foreign Affairs and the Ministry involved in the matter, adoption, authentication of the text and signature of a Treaty between the Plurinational State of Bolivia and any of the States to which it was sent and formally accredited the mission; and
Accredited representatives to an international conference or to an International Agency or one of its organs, for the negotiation, adoption, authentication of the text and signature of a Treaty prepared in such a conference, body or organ.
Article 14. (PLENARY POWERS).
I. It is up to the President or the President of the State to grant full powers, endorsed by the Minister or Minister of
Foreign Relations, among others, to the Ministries or Ministers of the State, for negotiation, adoption, authentication and to sign a Treaty, as well as express the consent of the Plurinational State of Bolivia to be bound by a Treaty or to execute any other international act.
II. The appointment of the representatives of the Plurinational State of Bolivia for the execution of any act
relative international a Treaty, it is also the responsibility of the President or President of the State, whose appointment will be endorsed by the Minister or Minister of Foreign Affairs, on a proposal, if any, from the Ministry or Ministries involved, according to the matter.
Article 15. (CONTENT OF THE PLENARY POWERS).
I. The full powers granted to a representative of the Plurinational State of Bolivia shall express the act or acts
concerning the conclusion of a Treaty for which it was authorized, as well as the general data of the representative, place and date of conclusion of the act or acts relating to the celebration.
II. The full extended powers to negotiate a Treaty, include the ability to adopt your text and authenticate it.
III. powers extended for the signature of a Treaty, they must expressly state that
IV. Restrictions on the negotiation, adoption, authentication of text, signature and reservation of a Treaty must be established
expressly in full powers.
Article 16. (COMMUNICATION OF INTERNATIONAL ACTS). Concluded participation of the
representatives of the Plurinational State of Bolivia, in the procedure for the conclusion of the Treaties, these must refer to the Ministry of Foreign Affairs, all original documentation of the actions taken or subscribed or the authorized copy, for purposes of the provisions of this Law.
Article 17. (CONFIRMATION).
I. The act concerning the conclusion of a Abbreviated Treaty executed by a public servant that does not have or accredit the
due authorization to represent with that end the Plurinational State of Bolivia, will not have legal effects unless which is subsequently confirmed by the President or President of the Plurinational State, or the Minister or Minister of Foreign Affairs.
II. If the act is not confirmed, the person will assume responsibility for the appropriate public function.
III. The Formal Treaties are not confirmed, to which effect the Ministry of Foreign Affairs must perform the
corresponding actions under the current and control regulations.
CHAPTER II
NEGOTIATION
Article 18. (POWERS FOR NEGOTIATION).
I. The negotiation of the Treaties constitutes exclusive competence of the Ministry of Foreign Affairs, owing
to require the participation and the favorable criterion of the ministry or ministries, according to its attributions and the matter that
II. In case of negotiation of treaties linked to the patrimony, rights and interests of the Bolivian State, the
respective prior opinion on its content will be required to the Attorney General's Office. Status.
Article 19. (SCOPE OF THE NEGOTIATION). In the performance of their duties, the representatives of the
Plurinational State of Bolivia will observe in the negotiation of a Treaty, the content and scope of the authorization granted, and must inform permanently developing the negotiation to the nearest Diplomatic Mission, for immediate reporting to the Ministry of Foreign Affairs.
Article 20. (CLAUSES RELATING TO THE SETTLEMENT OF DISPUTES).
I. In the negotiation, underwriting, and ratification of International Treaties, the Principle of the Peaceful Solution of
conflicts will prevail.
II. The Treaties containing international mechanisms for the settlement of legal disputes, in which the Plurinational State of Bolivia and other States, foreign natural or legal persons or organizations are a Party International, they must respect the principle of international reciprocity; ensure the due process and impartiality of the relevant decision-making bodies, as well as assume and adopt the principle of peaceful resolution of conflicts.
IV. Constitution of the State, the International Treaties ratified, the judgments, arbitration awards and the other
jurisdictional decisions arising from the application of the international mechanisms for the settlement of disputes legal, effective and recognized, according to the national procedural provisions governing the subject matter and the applicable treaties, observing the interest, national security and sovereignty of the State.
Article 21. (FOREIGN TRADE AND CUSTOMS PROCEDURE). According to Article 298,
Paragraph I of the Constitution of the State, constitute private powers of the central level of the State, foreign trade and customs, As in the negotiations prior to the Celebration of Treaties in these matters, the Executive Body must observe the compliance with the relative provisions contained in the Constitution of the State and the laws, with emphasis on the function the State in the economy, obtaining the consent of the authorities or competent institutions in the area.
Article 22. (DIPLOMACY OF THE PEOPLES).
I. The People's Diplomacy seeks to address, dialogue and work for all, and not for some privileged sectors,
to prioritize the interests of the nation on the interests of any sector, to promote and facilitate only the relationship between foreign ministries, but also between peoples, and value the respect for human rights and principles of life based on exclusive market and capital criteria.
II. Respect for Mother Earth, the principle of life and human rights are the foundations for relations among the peoples of the world with sovereignty and dignity.
Article 23. (ENVIRONMENT). No Treaty may violate the Constitution of the State, the
current regulations and the principles enshrined in international law, in relation to the permanent sovereignty of each people and of each State. their wealth and natural resources; as well as the environment and Mother Earth.
Article 24. (BORDERS). In the negotiation and signing of treaties relating to borders, the
provisions of the Constitution of the State and the respective specific regulations will be considered.
Article 25. (INTEGRATION). In the negotiation and subscription of treaties relating to integration and the rules
derived from Community law, the provisions and principles established by the Political Constitution of the State shall be observed. The representatives of the Plurinational State of Bolivia to the emerging Supra-State Parliamentary Bodies of the integration processes will be elected by universal suffrage, and must meet the requirements laid down in the respective Treaty. and/or those determined by the Plurinational Legislative Assembly.
Article 26. (MARITIME POLICY).
I. The Plurinational State of Bolivia's unrenounceable and imprescriptible right to the territory of
sovereign access to the Pacific Ocean and its maritime space is reaffirmed.
II. objective is constituted in a policy of permanent state, for whose effective solution the Authority
Executive will have to use all the mechanisms of peaceful resolution of the controversies established in the international law; in addition to resorting before multilateral instances and forums.
Article 27. (MANAGEMENT AND EXECUTION OF EXTERNAL RESOURCES OF DONATION AND PUBLIC CREDIT).
I. The management, negotiation, hiring, approval and execution of the external resources of public donation and credit, will be
regulated in accordance with the Constitution of the State and the legal norms issued by the Executive Body.
II. Except for the application of this Law, the loan contracts that are regulated under the State Political Constitution and the rules issued by the Executive Body.
CHAPTER III
ADOPTION, AUTHENTICATION, AND SIGNATURE TO RATIFICATION RESERVATION
Article 28. (ADOPTION). Once the text of a Treaty has been drawn up, the representative of the Plurinational State of
Bolivia shall settle the wording, as a sign of the adoption of the Treaty, by means of its signature or signature in the minutes. end of the international conference in which the text appears.
Article 29. (AUTHENTICATION).
I. Authentication occurs in the following cases:
Using the procedure prescribed in the Treaty or agreed by the States that participated in its elaboration.
In the absence of a procedure, by signature, ad referendum signature or by the rubric printed by the representatives of the States in the text of the Treaty or in the final act of the conference in which the text appears.
II. the signature subject to ratification, a Treaty must be negotiated, the obligation of which is also subject to its ratification.
III. In the case of the signature ad referendum, a Treaty must be negotiated, the obligation of which is pending result of the referendum to be submitted to the text of the Treaty.
TITLE III
PERFECTING THE TREATIES
CHAPTER I
CONSENT
Article 30. (CONSENT). The consent of the Plurinational State of Bolivia to be bound by
a Treaty, will be expressed in accordance with the negotiated legal instrument, through the exchange of diplomatic notes, exchange or deposit of the instrument of ratification, acceptance, approval or accession, by which the ratification of the Plurinational Legislative Assembly is formally notified, and subsequently the respective instrument of ratification will be issued.
Article 31. (CONSENT TO BE BOUND BY A TREATY MANIFESTED BY
THE FIRST).
I. The consent of the Plurinational State of Bolivia to be bound by a Treaty will be manifested by the signature of
its duly authorized representative for this purpose:
When the Treaty provides that the signature will have that effect;
When otherwise stated that the negotiating states have agreed that the signature has the effect;
When the State's intention to grant that effect to the firm is inferred from the full powers of its representative or has manifested during negotiation; or
When the Treaty, by the subject matter of it, does not require the ratification of the Plurinational Legislative Assembly.
II. For the purposes of the preceding paragraph:
The rubric of a text will be equivalent to the signature of the Treaty when it is stated that the negotiating states have agreed to it;
The signature "ad referendum" of a Treaty by a duly authorised representative for such an act, shall be equivalent to the final signature and must formally communicate such approval to the State (s), Contracting Parties or Parties. Once approved by the Minister or Foreign Minister, the firm? ad referendum? of a Treaty will amount to its definitive signature.
Article 32. (CONSENT TO BE BOUND BY A TREATY MANIFESTED BY
THE EXCHANGE OF INSTRUMENTS THAT CONSTITUTE A TREATY). The consent of the Plurinational State of Bolivia to be bound by a Treaty manifested by an exchange of instruments, will be adopted when:
The instruments will have their exchange having such an effect; or
Otherwise, the States agreed that the exchange of the instruments has such an effect.
Article 33. (CONSENT TO BE BOUND BY A TREATY EXPRESSED THROUGH RATIFICATION).
I. The consent of the Plurinational State of Bolivia to be bound by a Treaty will be manifested by the
ratification:
When the Treaty provides that such consent must be expressed through compliance with the constitutional or legal requirements of each State, understanding that these requirements will include their issuance or otherwise;
When the Treaty provides that such consent must be expressed through ratification;
When you otherwise record that the negotiating states have agreed to require ratification;
When the State Representative has signed the Treaty to the ratification reservation;
When the State's intention to sign the Treaty to the ratification reservation is inferred from the full powers of its representative or has been manifested during the negotiation;
When the Treaty provides for exemptions, exclusions, reductions or tax benefits.
II. Any Treaty shall be signed before it is submitted to the ratification before the Plurinational Legislative Assembly, and
later require the issuance of the instrument of ratification for exchange or submission to the designated instance as a depositary for that purpose.
Article 34. (CONSENT TO BE BOUND BY A TREATY MANIFESTED BY ACCESSION). The consent of the Plurinational State of Bolivia to be bound by a Treaty whose celebration did not participate, will be manifested by accession when:
The Treaty expressly provides that such consent may be manifested by accession or otherwise stated, or that the negotiating states agreed that it can be manifested by accession; and
When all parties have subsequently consented that the Plurinational State of Bolivia may express such consent by accession.
Article 35. (POST-ACCESSION PROCEDURE).
I. Authorised adherence to a Treaty affecting matters of attribution of the Plurinational Legislative Assembly, the
Ministry of Foreign Affairs will process the relevant procedure for the referral of the respective Draft Ratification Act to the Plurinational Legislative Assembly.
II. Ratified by the Plurinational Legislative Assembly, the Ministry of Foreign Affairs will draft the
corresponding instrument of accession, for subscription by the President or President of the State and endorsed by The Minister or Minister of Foreign Affairs.
III. The Ministry of Foreign Affairs shall take the appropriate steps to deposit the instrument of
accession to the Treaty.
Article 36. (CONTENT OF THE INSTRUMENT OF ACCESSION).
I. The instrument of accession shall contain the text of the reservations or declarations made by the Plurinational State of
Bolivia, as well as, where appropriate, the objections submitted to the reservations made by others. Contracting States.
II. The instrument of accession to a Treaty that affects matters whose regulation is the attribution of the Legislative Assembly
Plurinational, must expressly state the fulfillment of the ratification respective.
CHAPTER II
PROCEDURE RATIFICATION OF TREATIES
Article 37. (RATIFICATION).
I. When a Treaty, by its subject or object, requires the ratification of the Plurinational Legislative Assembly, the requirement of ratification must be established in the text.
II. In case it is not established expressly this requirement in the text of the Treaty, although by its subject or object
it is necessary in accordance with the legal and constitutional rules in force, it is understood that the signature is made subject to ratification, must proceed the Ministry of Foreign Affairs in coordination with the competent Public Entity in the matter, to manage its corresponding ratification before the Plurinational Legislative Assembly.
Article 38. (REQUIREMENTS FOR RATIFICATION). In addition to the legally established requirements
for the formulation of the Preliminary Draft Law, in cases of ratification of Treaties will be included:
An authorized copy of the text of the Treaty, with the identification of the State (s) and of the Contracting States and of those who withdrew or ceased to be a Contracting Party or Parties thereto, or, where appropriate, of the Agency or International Organizations that were negotiators, contractors or parties;
Any document annexed to the Treaty or supplementary to the same subscribed by the Negotiating States, as well as other international acts relating to the provisional application of the Treaty, if it was agreed by the negotiating states that it will be applied provisionally in whole or in part, before its entry into force;
The reservations proposed by the Plurinational State of Bolivia when ratifying a Treaty, as well as, where appropriate, those made by the other Contracting States when signing the Treaty or requiring it; and
The indication of the place and date of the signature of the Treaty, as well as of the persons who intervened as representatives legally accredited by the Plurinational State of Bolivia.
Article 39. (PROCEDURE).
I. If the subject matter of a Treaty requires its ratification, after signed, the Minister or the Minister of
Foreign Relations, will manage the referral of the respective Preliminary Draft of the Law of Ratification to the Assembly
Plurinational Legislative, in accordance with the procedure established for the effect in the Organization of the Executive Body rule.
II. Once the Respective Ratification Act is published, the Ministry of Foreign Affairs will extend the
corresponding instrument of ratification by the President or the President of the State and endorsed by the Minister or the Minister of Foreign Affairs.
III. The Ministry of Foreign Affairs take the appropriate measures to proceed with the exchange or the deposit of the
instrument of ratification of the Treaty.
Article 40. (CONTENT OF THE INSTRUMENT OF RATIFICATION).
I. The instrument of ratification shall contain the text of the reservations or declarations made by the Plurinational State
of Bolivia, as well as, where appropriate, the objections raised to the reservations made by other States
II. The Instrument for Ratification of a Treaty that affects matters whose regulation is of competence of the
Plurinational Legislative Assembly, must expressly state the fulfillment of the ratification prior to that Authority.
Article 41. (PREVIOUS CONTROL OF CONSTITUTIONALITY IN THE RATIFICATION OF
TREATIES). The prior control of constitutionality in the ratification of International Treaties, shall be subject to the procedure established by the Political Constitution of the State and Constitutional Code Processing.
CHAPTER III
REFERENDUM
Article 42. (BINDING POPULAR REFERENDUM PRIOR TO THE RATIFICATION OF
INTERNATIONAL TREATIES).
I. According to the Constitution of the State, it will require approval by popular referendum
binding prior to its ratification, the International Treaties concerning:
Boundary issues,
Monetary integration,
Structural economic integration, and
Transfer of institutional competencies to International or supranational organizations in the framework of integration processes.
II. If the International Treaty was approved by referendum, it will be referred to the Plurinational Legislative Assembly for its
ratification by law, to be part of the internal legal order with such a rank.
III. If the result of the binding referendum is negative, the Ministry " Foreign Relations may
renegotiate or otherwise file the International Treaty.
IV. The binding popular referendums prior to the ratification of an International Treaty, will be held when they are
provided by the Constitution of the State or requested by popular initiative or by representatives of the Plurinational Legislative Assembly, they will be covered with resources from the State Treasury.
Article 43. (POPULAR REFERENDUM PRIOR TO THE REQUESTED RATIFICATION
BY POPULAR INITIATIVE OR REPRESENTATIVES OF THE PLURINATIONAL LEGISLATIVE ASSEMBLY). In the case of the binding popular referendum requested by popular initiative or by representatives of the Plurinational Legislative Assembly in respect of any Treaty, the procedure established for the national referendum will be applied in the Law of the Electoral Regime, and in accordance with the provisions of Article 259, Paragraph I of The Political Constitution of the State.
Article 44. (SUSPENSION OF DEADLINES FOR RATIFICATION). The announcement of a call for a referendum
will suspend the process of ratification of the Treaty, until the final results are obtained.
Article 45. (CONSTITUTIONALITY CONSULTATION). Under the procedure provided for in the Law of the
Electoral Regime, the Plurinational Constitutional Court will rule in advance on the constitutionality of the content of the Treaties submitted to referendum.
Article 46. (DENUNCIATION OF THE TREATIES APPROVED BY REFERENDUM).
I. The treaties approved by referendum must be submitted to a new referendum, in the event of their denunciation being sought
on the initiative of the President or President of the State.
II. The respective procedure will be a national referendum
If the denunciation of the International Treaty were approved by referendum, it will be forwarded to the Plurinational Legislative Assembly for ratification by law, to be part of the legal order internal with such a range.
CHAPTER IV
RESERVATIONS
Article 47. (FORMULATION OF RESERVES).
I. Representatives of the Plurinational State of Bolivia may make a reservation at the time of signing, ratifying, accepting or approving a Treaty or of joining it, based on national interests, except that:
The reservation is prohibited by the Treaty;
The Treaty recognizes only certain reservations, among which, the reservation in question is not listed; or
In cases not provided for in points (a) and b), and the reservation is incompatible with the object and purpose of the Treaty.
II. The cases listed above in the previous paragraph will be the responsibility of the representatives of the
Plurinational State of Bolivia to define the relevance of celebrating or adhering to the respective Treaty.
Article 48. (ACCEPTANCE, OBJECTION, WITHDRAWAL AND LEGAL EFFECTS OF THE RESERVES).
The Plurinational State of Bolivia shall submit to the regime of acceptance, objection, withdrawal and legal effects of the reserves established in the same Treaties as subscribe, ensuring their compatibility with sovereignty, interests and policies
nationals.
Article 49. (WITHDRAWAL OF RESERVATIONS AND OBJECTIONS TO RESERVATIONS).
I. Unless a Treaty provides otherwise, a reservation may be withdrawn at any time by the State
Plurinational of Bolivia, at the initiative of the competent public entity in the matter; however, the
II.
II.
II.
In case of objection to the reservation of other countries, the competent entity in the matter shall issue the " The justification and thewill send to the Foreign Ministry, to formulate the objection.
III. The withdrawal of reservations and objections to reservations must be approved by law, when the international treaty
has been ratified by a similar regulatory instrument.
Article 50. (PROCEDURE RELATING TO RESERVES).
I. The reservation, the express acceptance of a reservation and the objection to a reservation, shall be made in writing and shall communicate to the
depositary or to the Contracting States and to the other States empowered as parties to the Treaty, by the Ministry of Foreign Affairs.
The reservation that is made at the time of signature of a Treaty that requires ratification, acceptance or approval, must be formally confirmed by the State in expressing its consent. to be bound to it.
III. The withdrawal of a reservation or an objection to a
CHAPTER V
INTERIM APPLICATION OF TREATIES AND ENTRY INTO FORCE
Article 51. (PROVISIONAL APPLICATION).
I. Exceptionally, the Executive Body may fulfill or require the provisional fulfilment of the obligations of a
Treaty, even if its ratification, approval, acceptance or accession is not yet completed in the international sphere, in matters related to its legal powers, by Supreme Decree, without prejudice to
conclude the pending procedures for ratification, approval or acceptance of the Treaty or accession to it.
II. The Plurinational State of Bolivia may unilaterally conclude such provisional application in any time, to
less than the Treaty itself does not allow.
Article 52. (ENTRY INTO FORCE).
I. A Treaty will take effect in the manner and on the date that the negotiating states have or agree to.
When a Treaty does not specify a date or otherwise provides for it, it is presumed to be effective when all Negotiating states consented to force themselves.
II. As outlined in the previous paragraph, the Treaties may enter into force when:
Certain number of States have deposited instruments of ratification, approval, acceptance, or accession held by the depositary;
True percentage or category of States deposit instruments of ratification, approval, acceptance or accession held by the depositary;
After the specified time after a certain number of States deposit instruments of ratification, approval, acceptance or accession held by the depositary;
On a given date.
III. Once a Treaty has become effective, if the number of Parties is subsequently reduced to the number necessary for the
formalization of its validity, the Treaty will remain in force, unless your own text provides otherwise.
IV. When the Plurinational State of Bolivia subscribes definitively or ratifies, accepts or approves a Treaty in force or accedes to it, the Treaty shall be valid, according to its relevant provisions.
Article 53. (PROVISIONAL ENTRY INTO FORCE). In the case of treaties that include in its text
provisions for its provisional entry into force, during the period established for obtaining the number of ratifications necessary, the State Plurinational of Bolivia will be able to adhere to these by raising its availability to fulfill the obligations arising from it, without prejudice to the provisions of Article 51 of this Law.
TITLE IV
INTERPRETATION, NULLITY, AMENDMENT, MODIFICATION,
SUSPENSION AND TERMINATION OF TREATIES
CHAPTER I
INTERPRETATION OF TREATIES
AND INTERPRETATIVE STATEMENTS
Article 54. (INTERPRETATION). Treaties must be interpreted in good faith in accordance with the current sense
to be attributed to the terms of the Treaty, in the context of the Treaty and in the light of the preparatory work of the Treaty, of its celebration, its text, attachments, preamble, object and end.
Article 55. (INTERPRETATION OF TREATIES AUTHENTICATED IN TWO OR MORE LANGUAGES). When
a Treaty is authenticated in two or more languages, the text shall also make faith in each language, unless the language is available to the Parties or the Parties agree that in the event of a discrepancy.
56. (INTERPRETATIVE STATEMENTS). order to harmonize its domestic law with the provisions of a Treaty, the Plurinational State of Bolivia, through the Ministry of Foreign Affairs, may make interpretative statements, always such statements or statements are not intended to exclude or modify the legal effects of their provisions in their application.
Article 57. (OPTIONAL AND MANDATORY DECLARATIONS). The formulation of the
optional and mandatory declarations to be legally binding for the declarants may be signed by the President or the President of the State or the Minister or Minister of Foreign Affairs or a public servant with the respective full powers, endorsed by the Ministry of Foreign Affairs.
Article 58. (FORMULATION AND OBJECTION OF INTERPRETATIVE STATEMENTS).
in the Treaties that it subscribes to the national interests.
II. interpretative that do not respond to the interests of the State, may be modified or withdrawn in
any time by the Ministry of Foreign Affairs.
CHAPTER II
NULLITY OF TREATIES
Article 59. (INTERNAL LAW PROVISIONS RELATING TO COMPETITION FOR
HOLDING TREATIES). In the case that the Plurinational State of Bolivia identifies and establishes that its representatives have been forced by a Treaty into the country, in violation of The Political Constitution of the State or the existing legislation relating to the jurisdiction to enter into treaties, this circumstance may validly be alleged as vice of its consent, provided that this violation is manifest and affects a rule of fundamental importance, without prejudice to personal responsibility which derive from such behavior.
Article 60. (SPECIFIC RESTRICTION OF FULL POWERS TO MANIFEST
CONSENT OF A STATE). If the Full Powers of a representative of the Plurinational State of Bolivia to express consent to be bound by a Treaty determined were subject to a specific restriction, failure to observe such restriction by such representative may not be alleged as vice of consent expressed by him and will generate the corresponding responsibilities.
Article 61. (ERROR, DOLO, COACTION AND CORRUPTION OF THEIR REPRESENTATIVES). The State
Plurinational of Bolivia may allege error, dole, coercion and corruption of its representatives in the subscription of Treaties, and must communicate to the other party, its termination, withdrawal, or suspension of your application.
CHAPTER III
AMENDMENT AND MODIFICATION OF TREATIES
Article 62. (AMENDMENT)
I. The text of a Treaty can be amended in accordance with the provisions contained in the Treaty itself.
II. If the Treaty does not specify any amendment procedure, the Plurinational State of Bolivia understands that
Parties are entitled to negotiate a new Treaty or Agreement amending the Instrument
current international.
Article 63. (PROPOSAL FOR AMENDMENTS).
I. Corresponds to the Ministry of Foreign Affairs and the competent entities, to propose the proposed amendments
necessary to the Treaties in force.
II. The Ministry of Foreign Affairs manage the processing of proposed amendments in accordance with the
procedures laid down in the respective Treaties and in International Law.
III. The entry into force of the amendment occurs at the time and form of the amendment. entry into force of the Treaty being amended.
IV. The State Plurinational of Bolivia will submit to the procedure established in this Law for the proposal,
ratification, acceptance and approval of the amendments, according to the Treaties that it subscribes to the interests.
Article 64. (AGREEMENTS TO MODIFY MULTILATERAL TREATIES BETWEEN SOME
OF THE PARTIES ONLY).
I. When the Plurinational State of Bolivia is a Party to a Multilateral Treaty, it may conclude with one or more
Parties to an Agreement that allows for modification only in their mutual relations, if:
The possibility of such an amendment is provided for by the Treaty; or
The modification shall not be prohibited by the Treaty, provided that it does not affect the enjoyment of the rights that the other Parties correspond to in their virtue, or to the compliance with its obligations; and does not refer to any provision for which the amendment is incompatible with the effective achievement of the object and the end of the Treaty as a whole.
II. Unless the possibility of such an amendment is provided for by the Treaty, the interested parties must notify the other
of their the intention to conclude the Agreement and the amendment of the Treaty to be sought.
CHAPTER IV
SUSPENDING THE APPLICATION OF TREATIES
Article 65. (SUSPENSION). Application of a Treaty may be suspended with respect to all Parties or to a
determined
Under the provisions of the Treaty;
Under the provisions of this Law; or
At any time, by consent of the Parties, after consultation with the other Contracting States.
Article 66. (SUSPENSION BY AGREEMENT BETWEEN SOME OF THE PARTIES).
I. The Plurinational State of Bolivia and another or other States Parties to a Multilateral Treaty may conclude an Agreement
with the aim of suspending the application of Treaty provisions, temporarily and only in their mutual relations, if:
The possibility of such suspension is provided for by the Treaty; or
The suspension is not prohibited by the Treaty, provided it does not affect the exercise of the rights that the other Parties shall correspond under the Treaty or the fulfilment of their obligations; and incompatible with the object and end of the Treaty.
II. Except in the case provided for in paragraph (a) of Paragraph I, if the Treaty provides otherwise, the parties concerned shall notify the other parties of their intention to conclude the agreement and the provisions of the Treaty, the application of which are proposed to suspend.
Article 67. (OTHER CAUSES FOR TERMINATION OR SUSPENSION).
I. A Treaty is considered to be concluded if all the Parties that integrate it subsequently conclude a Treaty on the
same subject matter. It is considered that the application of the previous Treaty was only suspended if it was inferred from the Treaty concluded or otherwise made up to the intention of the Parties.
A serious breach of a Treaty, by one of the Parties, empowers the Plurinational State of Bolivia to allege the violation
of the same, as a cause to conclude it or to suspend its application in whole or in part.
II. The Plurinational State of Bolivia may allege failure to comply with a Treaty as a cause, for your
termination or to withdraw from it if this is not possible resulting from the final disappearance or destruction of the objectives of the Treaty. If the impossibility is temporary, it can only be invoked as a cause to suspend its application.
III. A fundamental change in circumstances that occurred with respect to existing circumstances at the time of a
Treaty and which was not provided for by the Parties, may not be alleged as a cause for termination or for withdrawal from it unless the existence of such circumstances constitutes an essential basis for the consent of the Parties to be bound by the Treaty. Treaty, and this change has the effect of radically changing the scope of the obligations that still need to be fulfilled under the Treaty.
IV. The breakdown of diplomatic or consular relations between Parties to a Treaty shall not affect the legal relations
established between them by the Treaty, except to the extent that the subsistence of diplomatic or consular relations is indispensable for the application of the Treaty.
V. If a new mandatory rule of General International Law arises, any Treaty that opposes it is
will be null and must be terminated automatically.
CHAPTER V
TERMINATION OF TREATIES
Article 68. (TERMINATION).
I. A Treaty may terminate by virtue of its provisions, by the consent of the Parties, by compliance with the object, by compliance with the stipulated deadline, by denunciation or withdrawal.
II. A Multilateral Treaty terminate at the disposal of the same or at any time, by consent of all
Parties after consulting the other States, by complaint or withdrawal.
III. The same rule shall apply to the suspension of the application of a Treaty.
Article 69. (DENUNCIATION OR WITHDRAWAL). The Plurinational State of Bolivia may withdraw from a Treaty or
denounce it:
In accordance with the provisions of the Treaty that permit withdrawal or denunciation;
With the consent of all Parties after consulting all Contracting States; or
In the case of a Treaty that does not contain any provision on withdrawal or denunciation, however, it contradicts the interests of the State in the framework of the State Political Constitution.
Article 70. (APPROVAL OF THE COMPLAINT BY THE LEGISLATIVE ASSEMBLY
PLURINATIONAL). The denunciation of the International Treaties shall comply with the procedures laid down in the International Instrument itself, the general rules of law International and the procedures established in the Political Constitution of the State and the present Law for its ratification. The denunciation of the ratified treaties must be approved by the Plurinational Legislative Assembly prior to its execution by the President or President of the State or the Minister of Foreign Affairs.
Article 71. (COMPLAINTS OF TREATIES PRIOR TO THE ENTRY INTO FORCE OF THE POLITICAL CONSTITUTION OF THE STATE).
I. Under the Ninth Transitional Provision of the Political Constitution of the State, the previous International Treaties
to its enactment and which do not contradict it shall be maintained in the internal legal order with Law range.
II. It is for the Executive Body to denounce and renegotiate the international treaties signed, ratified or to which the Plurinational State of Bolivia had acceded before 7 February 2009 and which are contrary to the Constitution of the State, prior to the legal technical evaluation of the Ministry of Foreign Affairs, in coordination with the competent Public Entities, observing the interests and sovereignty of the State and only complying the procedure provided for in the respective international instruments subscribed.
III. Translate the four years provided for in the Transitional Provision Ninth of the Constitution of the State, the
International Treaties identified as contrary to their mandates and to the interests of the State, may be renegotiated and/or be reported in accordance with the procedure laid down in the Treaty itself or in its case may be sued before International Courts, as provided for in Law No. 381 of May 20, 2013? Normative Application Act?.
TITLE V
RATIFICATION PROCEDURE
CHAPTER I
RATIFICATION OF TREATIES BEFORE THE LEGISLATIVE BODY
Article 72. (PROCEDURE FOR RATIFICATION BEFORE THE LEGISLATIVE BODY).
I. The Preliminary Draft Treaty Ratification Bills will be referred to the Legislative Body by attaching the requirements
and background established in Article 38 of this Law, in accordance with the procedure. established to the effect by the organization rule of the Executive Body.
II. Once the ratification projects are of knowledge of the Plurinational Legislative Assembly will be submitted
to the legislative procedure established in the Constitution and the Regulations of the Chambers of Deputies and Senators.
Article 73. (REGISTER). Any Treaty concluded by the Plurinational State of Bolivia, after the
publication of this Law and those international instruments signed, ratified or to which Bolivia had previously acceded, will be registered and guarded by the Ministry of Foreign Affairs in a Special Historical Archive, and will be published through its Official Gazette Gazette.
ADDITIONAL provisions
FIRST. (ECONOMIC AND FINANCIAL REGIME). The operability and implementation of the provisions of the
Article 73 of this Law, will be financed from the resources of the Ministry of Foreign Affairs, in the event that these
are insufficient, the Ministry of Economy and Public Finance will assign the same according to financial availability, upon request of the Ministry of Foreign Affairs.
SECOND. In the framework of the Article 298 (8) of Article 298 of the Political Constitution
of the State, which recognizes foreign policy as a private competition at the central level of the State, the rule that regulates the relationship must be drawn up (i) the international situation of the autonomous territorial entities, as established in the Article 299 (5) (5) of the constitutional text, to this effect:
The material scope of the Interinstitutional Agreements shall be limited exclusively to the privileges of the territorial entities.
autonomous territorial entities will communicate to the Ministry of Foreign Affairs, all the negotiations that are necessary prior to the subscription of the Inter-Institutional Agreements.
FINAL DISPOSITION
ONLY. The Regulation This Law will be approved by Supreme Decree, at the proposal of the Ministry
of Foreign Relations, in a period not greater than one hundred and eighty (180) working days from the publication of this Law.
Remitase to the Authority Executive for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-nine days of August
of the year two thousand thirteen.
Fdo. Lilly Gabriela Montano Viana, Lucio Marca Mamani, Andres Agustín Villca Daza, Claudia Jimena Torres Chavez, Marcelo Elio Chavez, Angel David Cortez Villegas.
Therefore, it is enacted to have and comply with the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at the eighteen days of the month of September of the year two thousand thirteen.
FDO. EVO MORALES AYMA, David CHOquehuanca Cespedes, Juan Ramón Quintana Taborga, Nemesia Acacollo Tola MINISTER OF RURAL DEVELOPMENT AND LAND AND INTERIM ECONOMY AND PUBLIC FINANCE, Amanda Davila Torres.
