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Law No. 401 law of 18 September of 2013 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the PLURINATIONAL Legislative Assembly, D E C R E T A: Act of celebration of treaties title I provisions General Chapter I object, purposes, scope and principles article 1. (OBJECT). This law aims to establish the procedure for the conclusion of international treaties by the plurinational State of Bolivia, in accordance with the article 258 of the political Constitution of the State.
Article 2. (FINNISH). For purposes of this law are: identify the powers in the conclusion of treaties;
Adjust the scope of the effects of the conclusion of treaties by the plurinational State of Bolivia; and establish guidelines for interinstitutional coordination between public entities responsible for the conclusion of treaties.
Article 3. (SCOPE OF APPLICATION).
I. the provisions of this law apply to the procedures for the celebration of treaties throughout the national territory, as well as those involving embassies, consulates and other international representations of the plurinational State of Bolivia on the outside.
II. the provisions of this Act do not apply to interinstitutional agreements entered into by the autonomous territorial entities with one or several foreign government agencies or international organizations, which are necessarily defined in a previously ratified framework agreement in accordance with the procedure laid down in the political Constitution of the State.
Article 4. (PRINCIPLES).
I. the bargaining, subscription, and ratification of international treaties shall be governed by: independence and equality among States, non-intervention in internal affairs and peaceful settlement of disputes.
I reject and condemns all forms of dictatorship, colonialism, neo-colonialism and imperialism.
Defence and promotion of human, economic, social, cultural and environmental rights with condemnation of all forms of racism and discrimination.
Respect for the rights of peoples originally indigenous peasants and afrobolivianos.
Cooperation and solidarity among States and peoples.
Preservation of the heritage, capacity of management and regulation of the State.
Harmony with nature, defense of biodiversity, and prohibition of forms of private appropriation for use and exclusive exploitation of plants, animals, microorganisms and any living matter.
Security and food sovereignty for everyone; prohibition of import, production and marketing of genetically modified organisms and poisons that damage health and the environment.
All the population's access to basic services for their well-being and development.
Preservation of the right of the people to access to all medications, primarily generics.
Protection and preferences for Bolivian production and promotion of value-added exports.
II. Additionally and with character referential, it arranged in the present law is construed by them following principles General of the right international: good faith. The expressed confidence to the fulfilment of the obligations that are undertaken pursuant to the conclusion of treaties with other States, international organizations and other international subjects, in order to maintain a reasonable certainty around the commitments arrived.
Ex consensu advenit vinculum (the consent of the parties become obligations). The consent of the parties constitutes the element central of the right of them treated. It governs not only in elementary drafting of the Treaty, in its adoption, but in each and every one of the demonstrations that are generated.
Non-retroactivity of treaties. The treaties do not apply to acts or events which had occurred prior to its ratification or those who became extinct for the date of its entry into force, except when the parties express their intention to be bound before and, when it involves "continuous situations" which begins before the ratification of the Treaty and are still under its entry into force.
Jus cogens (law for the subjects of international law). It is said to be null any treaty that in time of its conclusion is consistent with a peremptory norm of general international law accepted and recognized by the international community of States as standard that does not support agreement to the contrary, and that only can be modified by a subsequent norm of general international law having the same character, reach, hierarchy and effectiveness.
Pacta sunt servanda (the given word must be met). It represents a universally accepted principle, responding to a legal necessity since all international order and legal certainty are founded in the immediate, since it implies that every treaty in force binding upon the parties and must be observed by them in good faith.
Advertising. Treaties and international agreements has a public character.
Res inter alios acta (the Convention between the parties do not generate rights and obligations to third parties). A treaty does not produce effects on third States; It does not create rights and obligations for these.
Reserve. The conclusion of treaties notes secret diplomat and proper reserve carried out actions, which preserve the interest of the people and the State.
III. all the servants and public servants involved in the negotiation, adoption and authentication of the text, signature and ratification of international treaties, are subject to the principles defined constitutionally mandatory and responsibility for the civil service.
Article 5. (SOURCES FOR THE CELEBRATION AND INTERPRETATION OF TREATIES).
I. the plurinational State of Bolivia, in the conclusion and interpretation of treaties, see: political Constitution of the State.
Existing international treaties.
II. when a vacuum present in the present law, General of the law and other sources of international law will be supplementary principles.
Chapter II definitions article 6. (DEFINITIONS). For the purposes of this law the following definitions apply: accession. Act by which the plurinational State of Bolivia expressed formally in the international arena, its consent to be bound by a treaty whose negotiation, adoption, authentication and signature did not participate.
Adoption. The adoption of a treaty text represents the next negotiation stage, when States or their assigned delegations agree the text of the Treaty, granting its approval so that it acquires effectiveness, by consent of all the States participating in its elaboration and discussion, or by a majority of two thirds of the States present at international conferences , unless these States decide by equal majority apply a rule different.
Authentication. Procedure by which the text of a treaty is established as authentic and definitive, through signature or header simple or signature ad referendum of the State undersigned.
Declaration interpretative. Pronouncement formal of the State plurinational of Bolivia, concerning its understanding of a question that figure in a provision particular of a treated or of the interpretation of she, without claim to exclude or modify them effects legal of a treated or of some provisions of this.
State Contracting. State that consented in force is by a treaty, Hague or not charged force.
State negotiator. A State which took part in the elaboration and adoption of the text of a treaty.
State party. State that you consented to be bound by a treaty and with respect the Treaty claimed that force.
Signature ad Referendum. Act by which a State expresses its consent to be bound by a treaty, which will be considered as final, subject to subsequent approval or ratification by the authorities and competent authorities of the country.
Instrument of ratification. Legal document that is issued when a State intends to ratify, accept, approve a treaty or acceding to it, as provided in its text.
Instrument of accession. Document by means of which, the plurinational State of Bolivia expresses its willingness to engage as agreed in an international treaty subscribed.
Negotiation. Phase of debate and exchange of views by the process of conclusion of treaties which aims to achieve an agreement between the parties, in order to determine the terms of the relevant international instrument. Bilateral treaties are adopted by unanimity and the multilateral, as States parties have it and, in the absence of agreement, by two-thirds present and voting.
Full powers. Document which refers to one or more persons to represent the plurinational State of Bolivia in any act relating to the conclusion of treaties.
Ratification. Act by which the plurinational Legislative Assembly approves by Act, the signing of the Treaty.
Reserve. Unilateral declaration, any that is phrased or named, presented by the plurinational State of Bolivia to sign, ratify, accept, approve a treaty, or to accede to it, in order to exclude or to modify the application of the legal effects of certain provisions of the Treaty.
Treaty. International agreement in writing between subjects of international law, governed by international law, stating in a single instrument or in two or more related instruments, creating legal obligations and any that is his particular denomination.
Chapter III formal treaties and abbreviated article 7. (FORMAL TREATIES). Is defined as treated Formal one instrument legal international that requires ratification by the organ legislative.
Article 8. (MATERIALS). Formal treaties may be held in the following areas: Community law;
Structural economic integration;
Assignment of competencies institutional to agencies international or supranational, in the framework of the processes of integration;
Economic trade agreements; and other materials in accordance with the political Constitution of the State and applicable regulations.
Article 9. (PROCEDURE FOR THE HOLDING OF FORMAL TREATIES).
I the conclusion of treaties before the Executive Body involves the phases of negotiation, adoption and authentication of the text, signature and reserve.
II. such procedure continues before the legislative body and includes the ratification of the Treaty, and in general must conform to the goals of the State on the basis of the sovereignty and the interests of the people and the society.
Article 10. (ABBREVIATED TREATIES). Those treaties that deal with the exclusive powers of the Executive Branch and which by its terms do not require ratification by the legislature, charged force his sole signature.
Article 11. (PROCEDURE FOR THE CONCLUSION OF TREATIES SHORTCUTS). In the abbreviated treaties, the celebration includes only the negotiation, adoption and authentication of the text, being refined with the definitive signature, which is not subject to ratification, and must understand its entry into force on the date and manner agreed upon the terms of the Treaty itself.
Title II of the treaty-making chapter I representation of the PLURINATIONAL State of BOLIVIA in the conclusion of treaties article 12. (COMPETITION).
I in accordance with the provisions of the article 298 of the political Constitution of the State, the central level of the State has exclusive jurisdiction over foreign policy, therefore, their legislation, regulations and implementation, they do not recognize character transferable and non -delegable.
II. the Vice President or the Vice President of the State has the attribution of jointly participate in the formulation of foreign policy, with the President or the President of the State, as well as carry out diplomatic missions.
III. the Minister or the Minister of Foreign Affairs has the attribution of propose, coordinate and implement the foreign policy of the plurinational State as well, sign treaties, conventions and other international legal instruments, according to the precepts of the political Constitution of the plurinational State, ensuring their registration, custody, dissemination and publication.
Article 13. (REPRESENTATION). Under their powers and without full powers, representing the plurinational State of Bolivia: the President, the President of the State and the Minister or the Minister of Foreign Affairs, to any act of a Treaty concerning international character;
The heads and the heads of diplomatic missions and permanent missions to international organizations, to negotiate in coordination and upon instruction of the Ministry of Foreign Affairs and the Ministry involved matter, adoption, authentication of the text and signing of a treaty between the plurinational State of Bolivia and the State or international organization to which they are accredited;
The heads and the heads of the special mission sent to one or more foreign States for the negotiation, coordination and upon instruction of the Ministry of Foreign Affairs and the Ministry involved matter, adoption, authentication of the text and signing of a treaty between the multinational of Bolivia State and any State that was sent and formally accredited the mission; and the representatives accredited to an international conference or to an international organization or one of its organs, for the negotiation, adoption, the authentication and signing of a treaty made at that Conference, organization or organ.
Article 14. (FULL POWER).
I corresponds to the President or the President of the State granting full powers, endorsed by the Minister or Minister of Foreign Affairs, among others, the Ministers or Ministers of State, for the negotiation, adoption, authentication and signing of a treaty, as well as expressing the consent of the plurinational State of Bolivia to be bound by a treaty or run any other international act.
II. the appointment of the representatives of the plurinational State of Bolivia to the execution of any international event concerning a treaty, also is the responsibility of the President or President of the State, whose nomination will be endorsed by the Minister or Minister of Foreign Affairs, on the proposal, where appropriate, the Ministry or ministries involved, according to the material.
Article 15. (CONTENT OF FULL POWER).
I. the full powers granted to a representative of the plurinational State of Bolivia, expressed the Act or acts relating to the conclusion of a treaty whose implementation was authorized, as well as the General data of the representative, date and place of conclusion of the Act or acts relating to the conclusion.
II. the full powers extended to negotiate a treaty, including the Faculty of adopting its text and authenticate.
III. the full powers extended to the signing of a treaty, shall indicate expressly this faculty.
IV. restrictions on the negotiation, adoption and authentication of the text, signature, and subject to a treaty, be expressly set forth in full power.
Article 16. (COMMUNICATION OF INTERNATIONAL ACTS). Finished the participation of the representatives of the plurinational State of Bolivia, in the procedure of conclusion of treaties, these should be sent to the Ministry of Foreign Affairs, all original documentation of actions taken or subscribed or authorized copy, for purposes regulated by this law.
Article 17. (CONFIRMATION).
I. the Act relative to the celebration of a shortened Treaty executed by a public servant who does not have or credit authorization to represent the plurinational State of Bolivia, so will not have legal effects unless it is endorsed by the President or President of the plurinational State, or the Minister or Foreign Minister.
II. of not confirm is the Act, the person will assume the responsibility by the function public that corresponds.
III. them treated formal not is confirm, to whose effect, the Ministry of relations foreign must perform the actions corresponding in the frame of the normative current and of control.
Chapter II negotiation article 18. (COMPETENCE FOR THE NEGOTIATION).
I. the negotiation of them treated is competition exclusive of the Ministry of relations foreign, must require the participation and the criterion Pro of the Ministry or ministries, according to their powers and the matter that involves the negotiation.
II. in case of negotiation of treaties related to heritage, rights and interests of the Bolivian State, will require the respective prior opinion about its contents to the General Attorney of the State.
Article 19. (SCOPE OF BARGAINING). In the performance of its functions, the plurinational State of Bolivia representatives observed in the negotiation of a treaty, the content and scope of the authorization, and must inform permanently the development of negotiation at the nearest diplomatic mission, to report immediately to the Ministry of Foreign Affairs.
Article 20. (CLAUSES RELATING TO THE SETTLEMENT OF DISPUTES).
I in the negotiation, subscription and ratification of international treaties prevail the principle of the peaceful settlement of conflicts.
II. treaties containing international mechanisms for the settlement of legal disputes, to which they are parties the plurinational State of Bolivia and other States, natural persons or legal foreign or international organizations, should respect the principle of international reciprocity; ensuring due process and the impartiality of the decision-making bodies that apply, as well as assume and adopt the principle of peaceful settlement of disputes.
III. A time to negotiate a treaty, the mechanisms of dispute resolution involving the plurinational State of Bolivia, shall be subject to the jurisdiction, laws and the Bolivian authorities.
IV. the political Constitution of the State, ratified international treaties, judgments, arbitration awards and other jurisdictional resolutions arising from the application of the international for the legal dispute settlement mechanisms, will be effective and will be recognized, in accordance with national procedural rules governing matter and applicable treaties, noting interest, national security and sovereignty of the State.
Article 21. (FOREIGN TRADE AND CUSTOMS PROCEDURE). As it has article 298, paragraph I of the political Constitution of the State, constitute custodial powers from the central level of the State, foreign trade and the customs procedure, so that in the negotiations leading up to the celebration of treaties in these matters, the Executive must observe the fulfillment of the provisions contained in the political Constitution of the State and the laws with emphasis on the role of the State in the economy, resulting in conformity of the authorities or competent institutions in the area.
Article 22. (PEOPLES DIPLOMACY).
I peoples diplomacy seeks to meet, discuss, and work for all, and not for some privileged sectors, prioritize the interests of the nation over the interests of any sector, promote and facilitate not only the relationship between ministries but also between peoples, and enhancing respect for human rights and principles of life above exclusive of capital and market criteria.
II. respect for human rights, the principle of life and mother earth are the Foundation for the relations between the peoples of the world with sovereignty and dignity.
Article 23. (ENVIRONMENT). Any treaty will undermine the political Constitution of the State, legislation and the principles enshrined in international law, in relation to the Permanent sovereignty of each people and each State over its wealth and natural resources; as well as with respect to the environment and mother earth.
Article 24. (BORDERS). In the negotiation and signing of treaties concerning borders, the provisions of the political Constitution of the State and the respective specific legislation will be considered.
Article 25. (INTEGRATION). In the negotiation and signing of integration treaties and derived Community law rules, provisions and principles established by the political Constitution of the State shall be observed. Representatives of the plurinational State of Bolivia to integration processes emerging supranational parliamentary agencies, will be chosen by universal suffrage, and must meet the requirements in the respective treaty or those determined by the plurinational Legislative Assembly.
Article 26. (MARITIME POLICY).
I reaffirms the inalienable and imprescriptible right of the plurinational State of Bolivia on territory that gives you sovereign access to the Pacific Ocean and its maritime space.
II. Eastern primary objective is in a permanent State policy, whose effective solution the executive organ shall employ all the mechanisms of peaceful settlement of disputes in international law; In addition to appeal to bodies and multilateral forums.
Article 27. (MANAGEMENT AND EXECUTION OF PUBLIC CREDIT AND GRANT EXTERNAL RESOURCES).
I. it management, negotiation, procurement, approval and execution of them resources external of donation and credit public, is governed according to the Constitution political of the State and them rules legal issued by the organ Executive.
II. is excepted from the application of this law, the loan contracts that are regulated in accordance with the political Constitution of the State and the regulations issued by the executive body.
Chapter III adoption, authentication and signature subject to ratification article 28. (ADOPTION). Once prepared the text of a treaty, the representative of the plurinational State of Bolivia asentirá writing, in sign of the Treaty, it will authenticate using your printed header in it or your signature on the final act of the Conference showing the text.
Article 29. (AUTHENTICATION).
I. the authentication occurs in the following cases: using the procedure that is prescribed in the Treaty or agreed between the States which participated in its elaboration.
To lack of procedure, through signature, signature ad referendum or the header printed by them representatives of them States in the text of the Treaty or in the Act end of it Conference in which figure the text.
II. in the case of signature subject to ratification, it should negotiate a treaty, whose binding is also attach to its ratification.
III. in the case of the signature ad referendum, must negotiate a treaty, whose binding is pending the outcome of the referendum having the text of the Treaty.
Title III improvement of the Treaty chapter I consent article 30. (CONSENT). The consent of the plurinational State of Bolivia to be bound by a treaty, it manifests 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, is formally notified of the ratification of the plurinational Legislative Assembly, and subsequently will be issued the respective instrument of ratification.
Article 31. (CONSENT TO BE BOUND BY A TREATY EXPRESSED BY SIGNATURE).
I. the consent of the State multinational of Bolivia in force is by a treated, is manifest through the signature of its representative duly authorized for such effect: when the treated available that the signature will have said effect;
When record of another mode that those States negotiators have agreed that the signs have the effect;
When the intention of the State of grant said effect to the signature is infers of them full powers of its representative or is has manifested during the negotiation; or when the treated, by the matter object of the same, not require the ratification of the Assembly Legislative multinational.
II. for them effects of the paragraph previous: the header of a text will be equivalent to the signature of the treated when stating that them States negotiators so it have agreed;
The signature "ad referendum" of a treated by a representative duly authorized for such Act, will be equivalent to the signature final must communicate formally such approval to the State or States negotiators, contracting or parts. Once approved by the Minister or Minister of Foreign Affairs, the signature? ad referendum? a treaty shall be equivalent to the final signature.
Article 32. (CONSENT TO BE BOUND BY A TREATY EXPRESSED BY MEANS OF THE EXCHANGE OF INSTRUMENTS CONSTITUTING A TREATY). The consent of the plurinational State of Bolivia to be bound by a treaty expressed by means of exchange of instruments, will be adopted when: the instruments provide that their Exchange shall have such effect; or otherwise that States agreed that the exchange of the instruments has such effect is determined.
Article 33. (CONSENT TO BE BOUND BY A TREATY EXPRESSED BY RATIFICATION).
I. the consent of the plurinational State of Bolivia to be bound by a treaty will manifest itself through the ratification: when the Treaty dispose that consent must be manifest through compliance with domestic constitutional or legal requirements of each State, being understood that these requirements be included its broadcast or record otherwise;
When the Treaty provides that such consent must be manifest by means of ratification;
When the record otherwise the negotiating States have agreed that you requiring ratification;
When has the representative of the State signed the treaty subject to ratification;
When the intention of the State to sign the treaty subject to ratification infers from the full powers of its representative or was expressed during the negotiation;
Where the Treaty provided for exemptions, exclusions, reductions or tax benefits.
II. all treaty will be signed before undergoing ratification the plurinational Legislative Assembly and later will require the issuance of the instrument of ratification for its redemption or shipping before the authority designated as a depository for this purpose.
Article 34. (CONSENT TO BE BOUND BY A TREATY EXPRESSED BY ACCESSION). The consent of the plurinational State of Bolivia to be bound by a treaty whose celebration did not participate, be manifested by accession when: the Treaty expressly provided that such consent can be manifested through accession stating otherwise, or it infers that the negotiating States agreed that it can manifest itself by means of accession; and when all parties have consented to further the plurinational State of Bolivia can manifest such consent by accession.
Article 35. (FURTHER PROCEDURE FOR ACCESSION).
I authorized the accession to a treaty that affects matters of attribution of the plurinational Legislative Assembly, the Ministry of Foreign Affairs will process the relevant procedure for the remission of the respective draft law on ratification to the plurinational Legislative Assembly.
II. ratified by the plurinational Legislative Assembly, the Ministry of Foreign Affairs shall draw up the instrument of accession, for your subscription by the President or the State President and countersigned by the Minister or Minister of Foreign Affairs.
III. the Ministry of Foreign Affairs will adopt relevant measures to proceed with the deposit of 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 statements made by the plurinational State of Bolivia, as well as, where appropriate, the objections submitted to the reservations made by other Contracting States.
II. the instrument of accession to a treaty that affects matters whose regulation is attribution of the plurinational Legislative Assembly, shall expressly indicate the fulfilment of the respective ratification.
Chapter II procedures for the ratification of treaties article 37. (RATIFICATION).
I. when a treaty by its subject or object, required ratification of the plurinational Legislative Assembly, need to be set in the text the requirement of ratification.
II. in the event that this requirement is not expressly established in the text of the Treaty, despite the fact that by its subject or object
necessary, as the current legal and constitutional law, means that the firm is subject to ratification, and must proceed the Ministry of Foreign Affairs in coordination with the competent public entity in the field, manage their corresponding ratification the plurinational Legislative Assembly.
Article 38. (REQUIREMENTS FOR RATIFICATION). In addition to the requirements established by law for the formulation of the draft law, in cases of ratification of treaties will include: A certified copy of the text of the Treaty, with identification of the State or States negotiators and those who withdrew or ceased to be Contracting Parties or parties in the same, or where appropriate, of the agency or agencies that were negotiating Contracting or parts;
Any document Annex to the Treaty or complementary of the same subscribed by them States negotiators, as well as others acts international relating to it application provisional of the treated, if is agreed by them States negotiators that this is apply provisionally in all or partly, before their entry in force;
The reserves that it proposes to formulate the plurinational State of Bolivia to ratify a treaty, as well as, where appropriate, those made by the other Contracting States to sign the Treaty or be bound by the same; and the indication of the place and the date of signature of the Treaty, as well as the people who intervened as representatives legally accredited by the plurinational State of Bolivia.
Article 39. (PROCEDURE).
I. If the subject object of a treaty requires ratification, after signed, the Minister or the Minister of Foreign Affairs, will manage the referral of the respective draft law on ratification to the plurinational Legislative Assembly, in accordance with the procedure established for the effect on the standard of organization of the Executive branch.
II. once published the respective ratification law, the Ministry of Foreign Affairs extended the corresponding instrument of ratification signed by the President or the President of the State and countersigned by the Minister or the Minister of Foreign Affairs.
III. the Ministry of Foreign Affairs will take relevant measures to proceed to the Exchange or deposit of the instrument of ratification of the Treaty.
Article 40. (CONTENTS OF THE INSTRUMENT OF RATIFICATION).
I. the instrument of ratification will contain the text of the reservations or statements made by the plurinational State of Bolivia, as well as, where appropriate, the objections submitted to the reservations made by other Contracting States.
II. such instrument of ratification of a treaty that affects matters whose regulation is within competence of the plurinational Legislative Assembly, must be given expressly upon ratification before that meeting.
Article 41. (PRIOR CONTROL OF CONSTITUTIONALITY IN THE RATIFICATION OF TREATIES). The prior control of constitutionality in the ratification of international treaties, shall be submitted to the procedure established by the political Constitution of the State and the constitutional procedural code.
Chapter III article 42 referendum. (BINDING POPULAR REFERENDUM PRIOR TO THE RATIFICATION OF INTERNATIONAL TREATIES).
I according to the provisions of the political Constitution of the State, will require approval by popular referendum prior to its ratification, the international treaties binding a: border issues and monetary integration, structural economic integration, transfer of institutional international agencies or supranational competences in the context of integration processes.
II. If the Treaty International was approved by referendum, will be forwarded to the plurinational Legislative Assembly for ratification through law, to form part of the domestic legal order with such range.
III. If the result of the popular referendum binding is negative, the Ministry of Foreign Affairs can renegotiate or if filing the international treaty.
IV. the binding popular referendum prior to the ratification of an international treaty, will be carried out when they are provided for in the political 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 General Treasury of the State.
Article 43. (BINDING POPULAR REFERENDUM PRIOR TO THE RATIFICATION REQUESTED 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 on any treaty, shall apply the procedure laid down for the national referendum on the law on 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 referendum be suspended for the period that demands the formalities of the same, the process of ratification of the Treaty, to obtain the final results.
Article 45. (CONSTITUTIONAL CONSULTATION). Under the procedure laid down in the law on the Electoral regime, the plurinational Constitutional Court shall act previously on the constitutionality of the content of the treaties submitted to referendum.
Article 46. (DENUNCIATION OF THE TREATY APPROVED BY REFERENDUM).
I. the treaties adopted by referendum shall be referred to a new referendum, in the case of pretending his complaint on the initiative of the Chairman or President of the State.
II. the respective proceedings shall be national referendum on presidential initiative.
If the denunciation of the international treaty was approved by a referendum, it will refer to the plurinational Legislative Assembly for ratification through law, to form part of the domestic legal order with such range.
Chapter IV reservations article 47. (FORMULATION OF RESERVATIONS).
I the plurinational State of Bolivia representatives may formulate a reservation at the time of signing, ratifying, accepting or approving a treaty or acceding to it, based on national interests, unless: the reservation is prohibited by the Treaty;
The Treaty recognizes only certain reservations, which between, not figure the reserve in question; (or in cases not provided for in subparagraphs a) and b), the reservation is incompatible with the object and purpose of the Treaty.
II. in the cases above listed in the previous paragraph, shall be the responsibility of the representatives of the plurinational State of Bolivia define the relevance of hold or adhere to the respective Treaty.
Article 48. (ACCEPTANCE, OBJECTION, WITHDRAWAL AND LEGAL EFFECTS OF RESERVATIONS). The plurinational State of Bolivia will undergo the acceptance, objection, withdrawal and legal effects of reservations regime established in the same treaties that subscribes, ensuring its compatibility with the sovereignty, national policies and interests.
Article 49. (REMOVAL OF RESERVATIONS AND OF OBJECTIONS TO RESERVATIONS).
I unless otherwise stipulated by a treaty, a reservation may be removed at any time by the plurinational State of Bolivia, at the initiative of the competent public entity in the field; However, the effect is you must justify prior and enough to the Ministry of Foreign Affairs, the need for the withdrawal of the reservation.
II. in the event of objection to the reservation from other countries, the competent entity in the matter shall issue the evidence and forward them to the Ministry of Foreign Affairs, to formulate the objection.
III. the removal of the reservations and objections to reservations, must be approved by law, when the international treaty has been ratified by similar standard-setting instrument.
Article 50. (PROCEDURE RELATING TO RESERVATIONS).
I. the reserve, the express acceptance of a reservation and the objection to a reservation, will be formulated in writing and communicated to the depositary or to the Contracting States and the other States as parties to the Treaty, authorised by the Ministry of Foreign Affairs.
The reserve which is formulated at the time of the signing of a treaty that requires ratification, acceptance or approval, must be confirmed formally by the State expressing its consent to be bound to it.
III. the withdrawal of a reservation or of an objection to a reservation must be formulated in writing.
Chapter V application PROVISIONAL of them treated and entry into force article 51. (APPLICATION PROVISIONAL).
I. exceptionally, the organ Executive may meet or demand the compliance provisional of them obligations of a treated, although not outside completed still its ratification, it approval, the acceptance or the accession in it sphere international, in materials related to their skills legal, through Decree Supreme, without prejudice of conclude them procedures pending of ratification, approval or acceptance of the treated or of it accession to he.
II. the State multinational of Bolivia may conclude unilaterally such application provisional in any time, unless the own treated not so allow.
Article 52. (ENTRY INTO FORCE).
I. A treated charged force of the way and in the date that in this available or that agree to them States negotiators.
When a treated not specifies a date or has another form, is presumed his force when all those States negotiators consented in force is.
II. as stated in the previous paragraph, the Treaty can enter into force when: A number of States have deposited instruments of ratification, approval, acceptance or accession with the depositary;
Certain percentage or category of States depositing instruments of ratification, approval, acceptance or accession with the depositary;
Expiry of the specified time after that number of States deposited instruments of ratification, approval, acceptance or accession with the depositary;
On a specific date.
III. once a treaty took force, if subsequently the number of parties were reduced to the number needed for the formalization of its entry into force, the Treaty will remain in force, unless your own text provides for otherwise.
IV. when the plurinational State of Bolivia definitely subscribe to ratify, accept or approve a treaty in force or adheres to it, the Treaty is valid, according to its relevant provisions.
Article 53. (ENTRY INTO FORCE PROVISIONALLY). In the case of treaties that include provisions for its entry into force provisionally, during the deadline so as to obtain the number of ratifications necessary in his text, the plurinational State of Bolivia will adhere to these considering its availability to fulfil the obligations arising out of the same, without prejudice to the provisions of article 51 of this law.
Title IV interpretation, NULLIFICATION, amendment, modification, SUSPENSION and termination of treaties chapter I interpretation of treaties and interpretative declarations article 54. (INTERPRETATION). The treaties must be interpreted in good faith in accordance with the ordinary meaning to be attributed to the terms of the Treaty, in the context of these whereas the preparatory work of the Treaty, the circumstances of its conclusion, its text, attachments, preamble, object and purpose.
Article 55. (INTERPRETATION OF TREATIES AUTHENTICATED IN TWO OR MORE LANGUAGES). When a treaty was authenticated in two or more languages, the text is authoritative equally in each language, unless it provides or the parties agree that in the event of discrepancy, will prevail any of the texts.
Article 56. (INTERPRETATIVE DECLARATIONS). In order to harmonize their domestic legislation with the provisions of a treaty, the plurinational State of Bolivia, through the Ministry of Foreign Affairs, may make interpretative declarations, provided that such declarations or statements do not relate to exclude or modify the legal effect of its provisions in their application.
Article 57. (OPTIONAL AND MANDATORY DECLARATIONS). The formulation of them statements optional and mandatory by take character legally binding for them reporting, may be signed by the President or the President of the State or the Minister or Minister of relations foreign or a server public that count with them respective full powers, endorsed by the Ministry of relations foreign.
Article 58. (FORMULATION AND OBJECTION OF INTERPRETATIVE DECLARATIONS).
I. the plurinational State of Bolivia shall be submitted to the regime of formulation and objection of interpretative declarations on treaties endorsed ensuring national interests.
II. interpretative declarations which do not respond to the interests of the State, may be modified or removed at any time by the Ministry of Foreign Affairs.
Chapter II invalidity of treaties article 59. (PROVISIONS OF NATIONAL LAW RELATING TO THE COMPETITION TO MAKE TREATIES). In the event the plurinational State of Bolivia, identify and make their representatives obliged by treaty to the country, in violation of the political Constitution of the State or the existing legislation relating to competition to make treaties, this circumstance may be validly claimed as Vice of consent, provided that this violation is manifest and affects a norm of fundamental importance , without prejudice of the liability personal that derive from such conduct.
Article 60. (SPECIFIC RESTRICTION OF THE FULL POWERS TO EXPRESS THE 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 particular treaty were subject to a specific restriction, failure to comply with this restriction by such representative may not claim as Vice of the consent expressed by him and will generate the corresponding responsibilities.
Article 61. (ERROR, FRAUD, COERCION AND CORRUPTION OF THEIR REPRESENTATIVES). The plurinational State of Bolivia can plead error, fraud, coercion and corruption of their representatives in the signing of treaties, and must inform the other party, their termination, withdrawal or suspension of their application.
Chapter III amendment and modification of treaties article 62. (AMENDMENT).
I. the text of a treaty can amend is of conformity with the provisions that contain the own treated.
II. If the Treaty does not specify any procedure for amendment, the plurinational State of Bolivia understands that parties are entitled to negotiate a new Treaty or agreement amending the existing international instrument.
Article 63. (PROPOSED AMENDMENTS).
I corresponds to the Foreign Ministry and the competent entities, consider proposals for necessary amendments to the treaties in force.
II. the Ministry of Foreign Affairs will manage the processing of amendments proposed in accordance with the procedures laid down in the respective treaties and international law.
III. the entry into force of the amendment occurs at the time and the form of entry into force of the Treaty which is amended.
IV. the plurinational State of Bolivia will undergo the procedure laid down in this law for the proposal, ratification, acceptance and approval of the amendments, according to treaties which subscribes to ensuring its interests.
Article 64. (AGREEMENTS TO MODIFY MULTILATERAL TREATIES BETWEEN SOME OF THE PARTIES ONLY).
I. when the plurinational State of Bolivia is part of a Multilateral Treaty, may conclude with one or more parts of the same agreement allowing its modification only in their mutual relations, if: the possibility of such a modification is provided by the Treaty; or modification is not prohibited by the Treaty, provided that it does not affect the enjoyment of the rights to other parties corresponding virtue, nor to the fulfillment of their obligations; and does not refer to any provision as amended is incompatible with the effective achievement of the object and purpose of the Treaty as a whole.
II. unless the possibility of such a modification is provided for in the Treaty, stakeholders shall notify other his intention to celebrate the agreement and modification of the Treaty, which is intended to.
Chapter IV SUSPENSION in the application of treaties article 65. (SUSPENSION). The application of a treaty may be suspended with respect to all the parties or to a given: pursuant to the provisions of the Treaty;
In accordance with 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 in order to temporarily suspend the application of the provisions of the Treaty, and only in their mutual relations, if: the possibility of such suspension is foreseen by the Treaty; or suspension is not prohibited by the Treaty, provided that it does not affect the exercise of rights matching to other parties under the Treaty or the fulfillment of obligations; and not incompatible with the object and purpose of the Treaty.
II. except in the case provided for in subsection a) paragraph I, if the Treaty provides otherwise, interested parties must notify the others his intention to celebrate the agreement and the provisions of the Treaty, which they intend to suspend.
Article 67. (OTHER CAUSES FOR TERMINATION OR SUSPENSION).
I considered that a treaty concluded if all parties that it subsequently held a Treaty on the same subject. It is considered that the application of the previous Treaty was only suspended if it is inferred from the Treaty concluded after or has otherwise that such was the intention of the parties.
A serious violation of a treaty, by one of the parties, empowers the plurinational State of Bolivia to allege the violation of the same, as cause to conclude it or to suspend its application wholly or in part.
II. the plurinational State of Bolivia may claim inability to fulfill a treaty as a cause for your termination or withdraw from it if this impossibility is the disappearance or definitive destruction of the objectives of the Treaty. If the impossibility is temporary unavailable, you can claim only as a cause to suspend its application.
III. A fundamental change in circumstances occurred with respect to the existing at the time of the conclusion of a treaty and was not intended by the parties, not may claim as a cause for your termination or to withdraw from it unless the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the Treaty , and this change has the effect radically alter the scope of the obligations that still must be met under the Treaty.
IV. the breakdown of diplomatic or consular relations between parties to a treaty, will 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 implementation of the Treaty.
V. If a new peremptory norm of General international law emerges, any treaty that opposes it will become void and you must terminate automatically.
Chapter V termination of treaties article 68. (TERMINATION).
I a treaty can be completed under its provisions, by consent of the parties, implementation of the object, by the stipulated deadline, by denunciation or withdrawal.
II. A Multilateral Treaty will end by provision of the same or at any time by consent of all the parties after consultation with the other States, by denunciation or withdrawal.
III. the same rule applies to suspension of implementation of a treaty.
Article 69. (DENUNCIATION OR WITHDRAWAL). The plurinational State of Bolivia may withdraw from a treaty or denounce him: in accordance with the provisions of the Treaty enabling withdrawal or denunciation;
With the consent of all the parties after consultation with all the Contracting States; or in the case of a treaty which does not contain any provision on the withdrawal or denunciation, however contradicts the interests of the State in the context of the political Constitution of the State.
Article 70. (APPROVAL OF THE COMPLAINT BY THE PLURINATIONAL LEGISLATIVE ASSEMBLY). The denunciation of international treaties shall comply with the procedures laid down in the international instrument itself, the General rules of international law and the procedures established in the political Constitution of the State and the present law for ratification. The denunciation of ratified treaties shall be adopted by the plurinational Legislative Assembly before his execution by the President or the State President or Minister or Foreign Minister.
Article 71. (ALLEGATIONS OF PREVIOUS TREATIES TO THE ENTRY INTO FORCE OF THE CONSTITUTION OF THE STATE).
I. as the available transitional ninth of the political Constitution of the State, international treaties prior to their enactment and that they do not contradict it remain in the domestic legal order of legal rank.
II. corresponds to the organ Executive denounce and renegotiate them treated international signed, ratified or to which is had attached the State plurinational of Bolivia with prior to the 7 of February of 2009 and that are contrary to the Constitution political of the State, prior evaluation technical legal of the Ministry of relations foreign, in coordination with them entities public competent, observing them interests and sovereignty of the State and only fulfilling the procedure planned in them respective instruments international subscribed.
III. after the four years covered by the available transitional ninth of the political Constitution of the State, international treaties identified as contrary to their mandates and to the interests of the State, may renegotiated or 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 the law No. 381 of May 20, 2013? Law of legislation application?.
Title V procedure for ratification chapter ratification of the treaties I before the legislature article 72. (PROCEDURE OF RATIFICATION BEFORE THE LEGISLATIVE BODY).
I. the draft law for the ratification of treaties should be submitted to the legislative body attaching requirements and background established in article 38 of this law, in accordance with the procedure established for that purpose by the standard of organization of the Executive branch.
II. once ratification projects are knowledge of the plurinational Legislative Assembly shall be submitted to the legislative procedure laid down in the Constitution and the regulations of the Chambers of Deputies and senators.
Article 73. (RECORD). 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 would have acceded previously recorded and team by the Ministry of Foreign Affairs in a special historical archive, and will be published through the Official Gazette of treaties.
ADDITIONAL PROVISIONS FIRST. (ECONOMIC ARRANGEMENTS AND FINANCIAL). The operation e implementation of it willing in the article 73 of the present law, is will finance with resources of the Ministry of relations foreign, in the event that these are insufficient, the Ministry of economy and finance public will assign them same according to availability financial, prior request of the Ministry of relations foreign.
THE SECOND. In the framework of the provisions of paragraph 8 of the first paragraph of the article 298 of the political Constitution of the State, which recognizes foreign policy as a private competition of the central State level, must prepare the standard governing the international relations of the autonomous territorial entities, pursuant to paragraph 5 of the first paragraph of article 299 of the Constitution for this purpose: the material field of interinstitutional agreements should be confined exclusively to the responsibility of the autonomous territorial entities that subscribe to them.
The autonomous territorial entities shall inform the Ministry of Foreign Affairs, all the negotiations that are necessary prior to the signing of interinstitutional agreements.
AVAILABLE END ONLY. He regulation of the present law will be approved by Decree Supreme, to proposed of the Ministry of relations foreign, in a term not greater to cent eighty (180) days business starting from the publication of the present law.
Refer to the Executive Body for constitutional purposes.
Two thousand thirteen is given in the room of sessions the Assembly Legislative plurinational, twenty-nine days of the month of August of the year.
FDO. Lilly Gabriela MONTAÑO Viana, Lucio Marca Mamani, Andres Agustin Villca Daza, Claudia Jimena Torres Chávez, Marcelo Elio Chavez, Angel David Cortez Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the 18 days of the month of September in the year two thousand thirteen.
FDO. EVO MORALES AYMA, David Choquehuanca Céspedes, Juan Ramón Quintana Taborga, Nemesia Achacollo Tola Minister of RURAL development and land and acting of economy and public finances, Amanda Davila Torres.
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