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Problems of access to information about agreements on international emissions trading by Ukraine
Sunday, 17 June 2012 10:44

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Expert Advisory Center “Legal Analytics” (EACLA) requested the Ministry of Justice of Ukraine to clarify the question about the status of agreements on international greenhouse gas emissions trading (agreements on assigned amount units (AAUs) trading) and take the steps to their disclosure. These agreements are concluded by Ukraine within the mechanism of international emissions trading on the basis of Article 17 of the Kyoto Protocol to the UN Framework Convention on Climate Change (UNFCCC).

The EACLA asked whether AAUs trading agreements come within the purview of the Law of Ukraine “On International Treaties and Agreements” and the Vienna Convention on the Law of Treaties, and to take measures for the official publication of the international agreements, signed by Ukraine in 2009 with Japan and Spain.

As a result none of the specific measures for the publication of the above mentioned agreements were taken by the Ministry of Justice. At the same time it was reported that “International agreements, signed by Ukraine in 2009, on sale of AAUs to Japan and Spain, were not submitted by the State Agency of environmental investments to the Ministry of Justice for the registration in the Unified State Registry of legal acts and publication in the newsletter “Official Bulletin of Ukraine”. That is why the Ministry of Justice, who is responsible for such publication, cannot make a conclusion on the status of these agreements, in particular – their belonging to a category of international treaties of Ukraine.”

It should be noted that the Regulation on the Ministry of Justice provides the obligation of official publication by the Ministry of current international agreements of Ukraine, signed by central executive authorities, who conclude international treaties of Ukraine of intergovernmental character, and register them in the State Registry.

However, the Ministry of Justice indicated that the Law of Ukraine “On international treaties of Ukraine” is applied while dealing with this issue. In accordance with Article 2 international treaty of Ukraine is a document concluded in writing with a foreign government or any other subject of international law, which is governed by international law ... regardless of its specific name. Party of the international treaty of Ukraine may be the state, another subject of international law, who agreed to be bound by the contract and for which the contract is in force. International treaties can be concluded on behalf of Ukraine, on behalf of the Government of Ukraine and on behalf of ministries, other central executive bodies, other central bodies (Article 3 of the above law).

Due to the mentioned above, under current legislation of Ukraine, lawyers of the EACLA consider restricting access to information about these agreements, signed by Ukraine on the basis of the decision of the Cabinet of Ministers, as illegal and continue to take measures for their official publication.

For more information please contact Mariana Bulgakova, EACLA (bulgakova[AT]legalanalytics.com.ua)