SHERP

조약의 체결,비준에 대한 국회의 조건부 동의
Legislative Conditions of Its Consent to Treaties

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Authors
정인섭
Issue Date
2008
Publisher
서울대학교 법학연구소
Citation
법학, Vol.49 No3 pp.159-180
Keywords
조약국회 동의해석선언Legislative ConsentReservationInterpretative Declaration
Abstract
In most of States the executive has authority to negotiate, sign, ratify or other
adhere to treaties, but the legislative may also have some voice in treaty-making
process. In the Republic of Korea, too, article 60, paragragh 1 of the Constitution
says “The National Assembly shall have the right to consent to the conclusion and
ratification of treaties pertaining to mutual assistance or mutual security; treaties
concerning important international organizations; treaties of friendship, commerce
and navigation; treaties pertaining to any restriction in sovereignty; peace treaties;
treaties which will burden the State or people with an important financial
obligation; or treaties related to legislative matters.” Main theme of this paper is
whether the Korean National Assembly may decide “yes or no” only regarding the
treaty transmitted by the Executive or add/ change some conditions for the treaty
ratification.
In this paper author categorized legislative conditions into amendments,
reservations, interpretative declarations and provisos, and analysed each condition’s
legality and its legal effect. Conclusion can be summarized like following. The
National Assembly’s decision to ask amendment of the treaty itself should be
regarded as the rejection of its approval. It may add, delete or change the
reservations for multilateral treaty suggested by the Executive. After legislative
approval with some reservations, the Executive can not change them without
legislative additional approval. The National Assembly may add, delete or change
the interpretative declarations suggested by the Executive. The National Assembly
may add some provisos for the treaty ratification. All legislative conditions are
binding upon the Executive.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10227
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 49, Number 1/4 (2008)
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