State Administrations Affairs in the Field of Conclusion and Implementation of International Treaties // Poslovi državne uprave u oblasti zaključivanja i izvršavanja međunarodnih ugovora

Authors

  • Vladimir Đurić Fakultet pravnih nauka, Panevropski univerzitet Apeiron Banja Luka
  • Nevenko Vranješ Fakultet pravnih nauka, Panevropski univerzitet Apeiron Banja Luka

DOI:

https://doi.org/10.7251/GFP1707092DJ

Abstract

The purpose of this article is to analyze the state administration activities in the administrative area of foreign affairs which are related to the conclusion and implementation of international treaties. After analyzing those activities in comparative law, the legal aspects of the participation of state administration bodies in Bosnia and Herzegovina in initiating of the process of conclusion of international agreements, negotiations for their conclusion, preparation of necessary documents, including instruments of ratification, publication of the text, entry into force, and termination of international treaties, as well as of their implementation in the case of self-executing treaties are presented. The conclusion is that, according to their legal nature, those activities can not be considered as extralegal activities of the state bodies that are directly derived from state sovereignty, but rather and only as the activities which are provided and arranged by law and which are in line with general administrative affairs of the state administration. However, such conclusion isn’t in contradiction to the fact that, in certain cases, those activities fall within the scope of executive powers discretion.

Published

2017-07-27