The meaning of the word “implementation” is known to a small number of people, since, in fact, it is a legal term. However, it is increasingly heard in the media in connection with coverage of various international events. Therefore, to find out what implementation is, it will be useful to those who are interested in such news, want to understand the topic more deeply.
General concept
To understand the meaning of the word "implementation", first we give its general definition. This is the term of international law, which is derived from the English noun implementation, meaning "implementation, implementation." It is understood as the process of implementing the obligations undertaken by a country at the domestic level.
It is also the way in which international norms are incorporated into the country's national law. The main requirement characteristic of the implementation is to strictly follow those goals, as well as the content that are laid down in the international regulation.
Three ways
Understanding what “implementation” means will help you learn how to implement it.
These methods include:
- Incorporation.
- Transformation
- References: general, private, specific.
Consider them:
- As a result of applying the incorporation method, international norms are reproduced verbatim, without any changes to the legislation of the state that implements them.
- In the case of transformation in the implementation of international norms prescribed in the contract, some of their processing is carried out in the national legislation. As a rule, this is practiced when there is a need to take into account national standards of legal technology and legal traditions.
- When references are used, it is understood that the content of international norms is not included in the text of the law itself. It only contains an indication of them. Thus, it is assumed that the application of national legal norms is impossible without reference to the source, that is, to the text of an international document.
The implementation of the norms established by international law is ensured through various legal mechanisms. Among them there is a difference in international and national legal mechanisms for the implementation of norms. In order to fully understand the meaning of the word "implementation", consider them.
International legal mechanism
It is a complex of international funds, which includes:
- The system of conferences, bodies and organizations, other structures of an international nature, ensuring the implementation of international standards. For example, the implementation of the provisions of the Concept of the Law of the Sea, signed in 1982, is carried out by the International Tribunal for the Law of the Sea.
- The set of MP norms that facilitate the implementation of other international agreements. An example is the precedent when in 1987 the Soviet Union and the United States signed an agreement providing for the elimination of medium and short-range missiles. At the same time, USSR agreements were concluded with a number of states on inspections related to the treaty, among which were Belgium and Italy.
At the end of the study of the issue of the meaning of the word “implementation”, we consider the second mechanism.
National legal mechanism
It includes a set of domestic funds that are designed to ensure the implementation of MP standards. These include:
- The system of bodies involved in the implementation of international standards. For example, the Ministry of Justice of the Russian Federation is the central authority of the Russian Federation, which, in accordance with the Presidential Decree of 2004, is responsible for ensuring the implementation of the norms of the UN Convention against Transnational Organized Crime of 2000.
- The code of national law that ensures the effective implementation of the norms of the MP within the country. For example, Law No. 40-FZ of 2006 governing the ratification and implementation of the UN Convention against Corruption.