CONSTRUING OF CIS CONSTITUENT DOCUMENTS AND LEGAL STATUS

Judgment No. 01/94 dated March 31, 1994 on construing constituent documents of the Commonwealth of Independent States concerns the issue what States and since what time have been the CIS members.

The CIS Economic Court has established that the Treaty on CIS Formation dated December 8, 1991, and the Protocol to the same dated December 21, 1991 shall be the constituent documents of the Commonwealth. All States which have recognized the above documents as binding shall be the CIS member-States.

The following nine States shall be the members of the Commonwealth since the date of delivery of their instruments of ratification: the Republic of Armenia (since February 18, 1992); the Republic of Belarus (since December 10, 1991); the Republic of Kazakhstan (since December 23, 1991); the Republic of Kyrgyzstan (since March 6, 1992); the Russian Federation (since December 12, 1991); the Republic of Tajikistan (since December 25, 1991); Turkmenistan (since December 26, 1991); the Republic of Uzbekistan (since January 4, 1992); the Ukraine (since December 10, 1991).

The Republic of Azerbaijan and the Republic of Georgia have joined the Commonwealth since the date of making, by the CIS Council of Heads of States, a decision on admission thereof to the CIS member-States, i.e. since September 24, 1993 and since December 3, 1993 respectively.

The Republic of Moldova, which signed the Treaty dated December 8, 1991 and the Protocol to the same dated December 21, 1991, has failed to ratify such documents as of the date of passing, by the CIS Economic Court, of its judgment. By the decision of the CIS Council of Heads of States dated December 24, 1993, a deferment until April 22, 1994 was granted to the Republic of Moldova.

Judgment No. 02/94 dated March 31, 1994 on construing constituent documents of the Commonwealth of Independent Statesconcerning membership after coming of the Statute of the Commonwealth of Independent States into effect specifies the grounds for acquisition of the status of the founder-State and the member-State of the Commonwealth of Independent States.

The CIS Economic Court believes that the Treaty on CIS Formation dated December 8, 1991, and the Protocol to the same dated December 21, 1991, that are the Commonwealth constituent documents, shall prevail over the CIS Statute, as such mentioned documents have served as a basis for adoption of the CIS Statute. In this connection, in spite of the fact that the States which have signed and ratified the Treaty on CIS Formation dated December 8, 1991, and the Protocol to the same dated December 21, 1991 by the date of the Statute adoption, are regarded in Part One Article 7 of the CIS Statute as the “founder-States”, legal status of the nine States which have signed the Protocol dated December 21, 1991 but have ratified only the Treaty on CIS Formation dated December 8, 1991, remains unchanged. They all are the CIS founder-States.

The CIS founder-States which have ratified its Statute, and the States which have joined CIS in accordance with the procedure established by the CIS Statute, shall be the CIS member-States. In this connection the following States shall be the CIS member-States after coming of the CIS Statute into effect: the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, Georgia, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan.

Advisory Opinion No. 01-1/2-98 dated June 23, 1998 on construing the Statute of the Commonwealth of Independent States dated January 22, 1993  concerns the issues whether the Commonwealth of Independent States is a subject of international law and what powers of such mentioned subject may be exercised by the Commonwealth.

The cause for the inquiry was given by ambiguous understanding of Article 1 in the CIS Statute which, in particular, establishes the principle of sovereign equality of the States and states that the CIS has no status of the State and of a supranational organization.

The CIS Economic Court has established in its Advisory Opinion that existence of national sovereignty of the States that form the Commonwealth shall not impair the rights of the subject of international law exercised by any intergovernmental institutions formed with participation thereof, the CIS including. The Court has stressed that supranational nature may not be a qualifying feature of any subject of international law and shall only characterize the extent of powers thereof.

As follows from the Treaty on CIS Formation dated December 8, 1991, and the CIS Statute dated January 22, 1993, the Commonwealth has all required elements of a subject of international law, i.e. is an intergovernmental institution which has a wide range of joint activities, developed organizational structure with an extensive system of bodies, membership institute, ability to independently acquire any rights and bear responsibilities. The rights of the subject of law shall make an integral quality of the Commonwealth as an international organization, and as such does not require any additional recognition by any States, the member-States including, and by any other international organizations.

The Commonwealth, as a subject of international law, shall:

§   participate in international relations through establishing ties with any States and international organizations;

§   enter into international treaties with any States and international organizations;

§   make decisions in its own name;

§   apply any sanctions if the member-States violate their respective international obligations.