The law of treaties forms the bedrock of Public International Law, governing the legal obligations between states. In Georgia, a ratified international treaty holds legal supremacy over domestic law (excluding the Constitution). The performance and interpretation of these treaties are not matters of political discretion but are governed by precise legal rules, primarily codified in the 1969 Vienna Convention on the Law of Treaties (VCLT). Our firm provides highly specialized legal advisory on the exact meaning of treaty provisions and the compliance of state actions with these international obligations.
Our first core function in this practice is Treaty Interpretation. Determining the precise scope of a state's obligation requires a rigorous legal method. We apply the binding rules of interpretation set forth in Article 31 of the VCLT. This involves a disciplined analysis of a treaty term's ordinary meaning, its context (including the preamble and any related agreements), and the treaty's overall object and purpose. When necessary, we utilize supplementary means, such as the travaux préparatoires (preparatory works), as defined in Article 32 of the VCLT, to confirm or clarify the meaning. We provide these definitive legal opinions for all forms of treaties, including Bilateral Investment Treaties (BITs), Double Taxation Treaties (DTTs), human rights conventions, and trade agreements.
Our second core function is State Compliance advisory. The foundational principle of treaty law is pacta sunt servanda (VCLT Art. 26): every treaty in force is binding and must be performed in good faith. Furthermore, a state cannot invoke its internal law as a justification for its failure to perform a treaty (VCLT Art. 27). Our service involves a meticulous legal audit of domestic legislation, proposed regulations, or specific administrative actions to assess their conformity with Georgia's binding international obligations. This analysis identifies areas of potential non-compliance and legal risk, which could expose the state or affected private parties to international disputes.
This specialized legal service is essential for government bodies seeking to ensure their policies are compliant, for international organizations monitoring treaty implementation, and for private entities (such as foreign investors or traders) whose rights and operations are governed by the international agreements Georgia has signed. We provide the legal exactitude required to navigate the complex intersection of domestic and international law, ensuring actions are defensible and rights are protected.
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