#1قنوام وام نگار ATTORNEY قجا UNETERAL'S CHAMBERS TREATY MAKING PROCESS BRUNEI'S PERSPECTIVE Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Dyg Seri Atikah binti Haji Junaidi Deputy Senior Counsel www.agc.gov.bn#2Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Outline of Presentation ■ What is Public International Law? ■ An Overview - International Affairs Division of the AGC ■ Treaty Making Process - Brunei's Perspective#35) Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 What is Public International Law? ➤State to State relationship International Organisations Governing the Rules and Conduct of States#4Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Importance of Public International Law ✓ Certain issues cannot be resolved by a single State ✓Maintain peace, harmony and mutual cooperation#5Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Areas of Public International Law Law of Treaties Law of the Sea Maritime Law International Trade Law Intellectual Property International Environmental Law Bilateral and Multilateral International Criminal Law Negotiations Civil Aviation and Outer Space Terrorism International Privileges and Immunities Dispute Settlement Disarmament and Arms Control International International Organisations Banking and Finance Military Cooperation Human Rights#6Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Organisational structure of IAD Head of Division Deputy Head of Division Treaties and Human Rights (THR) Unit International Organisations and Law of the Sea (IOLOS) Unit International Trade and Intellectual Property (ITIP) Unit#7Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Scope of Work Responsible for all legal issues between states (G to G) and between states and international organisations based on principles of public international law.#8Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Terms of Reference Preparing opinions and recommendations upon joining a treaty or an International Organisation Negotiating, drafting, vetting, legally scrubbing and interpreting various international instruments Attending international meetings as BD representative Preparing legal opinions based on public international law Members of national committees relating to BD's international obligations Preparing country reports, advising, monitoring and implementing BD's international obligations#9Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 TREATY MAKING PROCESS Vienna Treaty on the Law of Treaties 1969 ❖Article 2(1) defines a 'treaty' as: “an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation"#10• • 5) • ■ Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Examples of Agreements/MOUS Agreements BN-Malaysia Agreement on Economic Cooperation BN-Philippines Agreement on Cultural Cooperation Agreement/Exchange of Notes on Visa Exemption ASEAN Agreements Transpacific Partnership Agreement UN Treatys ■ MOUS • MOU between BN-Russia on Cooperation MOU BN-Kuwait on Tourism Cooperation MOU BN-Singapore on Defence Technology Cooperation MOU BN-Viet Nam on Cultural Cooperation#11Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 United Kingdom Indonesia Qatar DASTORESS South Korea Malaysia China MAI H NDERSTANDING ON TBRUNEI-G 年9月17 ber 201 ZWLOPTH Brand Dermes#12Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Treaty Making Process - Brunei's Perspective Treaty X Brunei intends to become a state party#135) Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Treaty Making Process - Brunei's Perspective Step 1: Relevant Agency will write to AGC for legal advice Information Paper: Background information, policies of the relevant agency Focal Point of Contact#14Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Treaty Making Process – Brunei's Perspective STEP 2: AGC (IAD) will provide a legal opinion and recommendations Legal Opinion & Recommendations: Highlight the obligations of the treaty • Analysis of the relevant existing laws • Highlight whether there is a need to amend existing laws or introduce new laws Make recommendations to consult other agencies Proposal for reservation#15Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Treaty Making Process Brunei Perspective STEP 3: Relevant Agency will consider - further — inter-agency consultation To clarify on the policies Implication to policies of other agencies Consultations Get Directions Consider amending existing laws or introducing new laws#16Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Treaty Making Process - Brunei's Perspective STEP 4: AGC (IAD) will provide further opinion - legally in order for final submission for His Majesty's consent When all the policy issues are cleared Amendment to the existing laws or new law is finalized AGC endorsement - legally in order Draft Instrument of Accession/Ratification - including reservations if any.#17Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 - Treaty Making Process - Brunei's Perspective STEP 5: Instrument of accession/ratification Consent of His Majesty the Sultan and Yang Di- Pertuan of Brunei Darussalam Submission of the Instrument of Accession/Ratification by Ministry of Foreign Affairs and Trade or Minister of relevant agency (having the instrument of Full Powers)#18Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Treaty Making Process - Brunei's Perspective ■ Accession/Ratification? Article 2 of the VCLT means an act whereby a State establishes on the international plane its consent to be bound by a treaty Article 11, VCLT further provides ■ "The consent of a State to be bound by a treaty may be expressed by signature,exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed"#19Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 Treaty Making Process - Brunei's Perspective Instrument of Full Powers? Article 7 of the VCLT - only Head of State, Heads of Government and Ministers for Foreign Affairs, Head of Diplomatic Mission#20Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 - Treaty Making Process – Brunei's Perspective Relevant Agency will write to AGC for legal advice Instrument of accession/ratification AGC (IAD) will provide further opinion - legal order for final submission for consent Treaty X Relevant Agency will consider further - inter-agency consultation AGC (IAD) will provide a legal opinion and recommendations#21قجابت قنوام وام نگار ATTORNEY AMBERS BRUNEI DARUSSALAM QUESTION AND ANSWER SESSION Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 www.agc.gov.bn#22Public Officers' Law Seminar: Understanding the Law 11th and 13th November 2017 ATTORNEY قنوام وام نگار قجا UNETERAL'S CHAMBERS THANK YOU www.agc.gov.bn