The base of Representatives We have five objections to the adoption in large and in detail of the bill that eases the "Framework Agreement between the Republic of Bolivia and the Islamic Republic of Iran", a of them, is that the agreement would allow foreign intervention in the management of natural resources in Bolivia.
These are the specific comments from the bench to the content of that agreement:
ON ARTICLE I.
this article on your point 2, states: "Working for the consolidation of positive trends and developments that are appreciated in the world with the emergence of political regimes opposed to neoliberalism. "
This wording is inadequate, because the population is susceptible and criticizes any signs of radicalism and taxation. What the Government should strengthen international agreements and treaties are bilateral or multilateral agreements that facilitate real development scenarios for the country, not political tools to win favoritism from representatives of other countries. About
ARTICLE II.
In Item 1 states as one of the components for the "development cooperation between Bolivia and Iran, among others, the" administration natural resources. " This is an issue is constitutionally established as an exclusive function of the National Government can not transfer this power to any private national and a foreigner worse as intended.
removal was requested in this article the phrase "natural resource management," to be an attack against national sovereignty and stability in the decision on the natural resources that are powers of national institutions.
In Item 6 states: "In order to analyze all aspects of their bilateral relations and exchange views on international issues of mutual interest the Ministries of Foreign Affairs shall, by exchange of notes of Political Consultation Mechanism that will meet regularly. "
This point 6 should be removed because the creation of this mechanism is a flagrant violation of the independence and national sovereignty and position as may be set Bolivia on foreign policy issues. If the National Government has no power to issue their own criteria on such matters and needs to see the Iranian government to do, then they should hire or appoint capable people to carry out their respective positions in the Ministry of Foreign Affairs and Worship.
On Article III.
This article states: "Any dispute between the Parties concerning the interpretation or implementation of this Framework Agreement shall be settled through direct negotiations carried out through diplomatic channels."
There are disputes between countries can not always be resolved through existing bilateral diplomatic channels, for this is necessary mediation of international organizations and / or resolution of any international tribunal. This article violates the law of self-defense that the Bolivian Government in the exercise of their rights as Person of Public Law and Right Person Privy to practice before the International Tribunal, for any failure, poor performance, corruption or illegality of "programs, plans, projects, specific agreements and activities that are part of the development cooperation between Bolivia and Iran" (ARTICLE II Section 1. of the Framework Agreement).
suggest the following wording: 1. "Any dispute between parties regarding the interpretation, implementation, execution and monitoring of activities in any country framed in this Framework Agreement shall be settled by direct negotiation through diplomatic channels. If not resolved through this mechanism, either party may seek international mediation of international and failing resolution through their respective International Tribunals. 2. Only be used mediation of international organizations to which both parties are signatories. " About
ARTICLE V.
This article establishes the Framework Agreement to "indefinite", well that complaints can make any party must be made with "six months in advance."
The duration of this agreement can not be indefinite, as strategic sectors involved are handled according to government policy that each national government decides to implement in the period of his administration. Moreover, by custom and practice in international law complaints to the Covenants, Conventions and other international agreements, only need 3 months in advance.
For these reasons, we suggest the following wording:
This Framework Agreement, will last for 5 years and shall enter into force after the Parties notify each other that the internal constitutional requirements for ratification, the Parties may terminate it at any time by notification addressed to the other Party through Diplomatic, with at least three months in advance.
continuity, termination or readjustment of plans, programs, projects, specific agreements and activities that are being developed under this Agreement shall be settled by mutual agreement between the parties.
These are the specific comments from the bench to the content of that agreement:
ON ARTICLE I.
this article on your point 2, states: "Working for the consolidation of positive trends and developments that are appreciated in the world with the emergence of political regimes opposed to neoliberalism. "
This wording is inadequate, because the population is susceptible and criticizes any signs of radicalism and taxation. What the Government should strengthen international agreements and treaties are bilateral or multilateral agreements that facilitate real development scenarios for the country, not political tools to win favoritism from representatives of other countries. About
ARTICLE II.
In Item 1 states as one of the components for the "development cooperation between Bolivia and Iran, among others, the" administration natural resources. " This is an issue is constitutionally established as an exclusive function of the National Government can not transfer this power to any private national and a foreigner worse as intended.
removal was requested in this article the phrase "natural resource management," to be an attack against national sovereignty and stability in the decision on the natural resources that are powers of national institutions.
In Item 6 states: "In order to analyze all aspects of their bilateral relations and exchange views on international issues of mutual interest the Ministries of Foreign Affairs shall, by exchange of notes of Political Consultation Mechanism that will meet regularly. "
This point 6 should be removed because the creation of this mechanism is a flagrant violation of the independence and national sovereignty and position as may be set Bolivia on foreign policy issues. If the National Government has no power to issue their own criteria on such matters and needs to see the Iranian government to do, then they should hire or appoint capable people to carry out their respective positions in the Ministry of Foreign Affairs and Worship.
On Article III.
This article states: "Any dispute between the Parties concerning the interpretation or implementation of this Framework Agreement shall be settled through direct negotiations carried out through diplomatic channels."
There are disputes between countries can not always be resolved through existing bilateral diplomatic channels, for this is necessary mediation of international organizations and / or resolution of any international tribunal. This article violates the law of self-defense that the Bolivian Government in the exercise of their rights as Person of Public Law and Right Person Privy to practice before the International Tribunal, for any failure, poor performance, corruption or illegality of "programs, plans, projects, specific agreements and activities that are part of the development cooperation between Bolivia and Iran" (ARTICLE II Section 1. of the Framework Agreement).
suggest the following wording: 1. "Any dispute between parties regarding the interpretation, implementation, execution and monitoring of activities in any country framed in this Framework Agreement shall be settled by direct negotiation through diplomatic channels. If not resolved through this mechanism, either party may seek international mediation of international and failing resolution through their respective International Tribunals. 2. Only be used mediation of international organizations to which both parties are signatories. " About
ARTICLE V.
This article establishes the Framework Agreement to "indefinite", well that complaints can make any party must be made with "six months in advance."
The duration of this agreement can not be indefinite, as strategic sectors involved are handled according to government policy that each national government decides to implement in the period of his administration. Moreover, by custom and practice in international law complaints to the Covenants, Conventions and other international agreements, only need 3 months in advance.
For these reasons, we suggest the following wording:
This Framework Agreement, will last for 5 years and shall enter into force after the Parties notify each other that the internal constitutional requirements for ratification, the Parties may terminate it at any time by notification addressed to the other Party through Diplomatic, with at least three months in advance.
continuity, termination or readjustment of plans, programs, projects, specific agreements and activities that are being developed under this Agreement shall be settled by mutual agreement between the parties.
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