World Customs Organization Instruments Essay Example
WORLD CUSTOMS ORGANIZATION INSTRUMENTS
World Customs Organization Instruments
Director General of Customs,
The 2011 WCO Council Meeting in Brussels
Owing to the forth coming WCO council meeting in Brussels, here is a brief analysis of the legal significance of the World Customs Organization instruments; (conventions, recommendations, resolutions and declarations).
1) When nations, states or other international organizations come together in agreement on certain principles or practices by signing of lawful papers, such international agreements are termed as conventions which are regarded worldwide as the origin of international laws. In light of this, these agreements must be ratified in a particular country in order to become legislation and this disregards the idea that conventions can easily become part of an international law by signature. Its is vital to note that in the council meeting, a draft convention on supply chain will be tabled and when it is signed and ratified, the country would be bound to execute its requirements. It rests upon the minister in charge to give advice before becoming a party to this convention because should the country breach any provision, she will be legally responsible to compensate the affected party.
2) WCO may require to shelter maximum degree of synchronization among its member on matters touching on customs techniques. For this purpose the custom organization makes use recommendations as an instrument.It is worth noting that recommendations are not binding instruments and therefore does not need consent but the secretary general of WCO must be informed incase of any acceptance of a given recommendation by specifying the date and the conditions of its application.
3) A country is not legally bound by resolution. It is incepted as a result of people deciding on undertaking something. Contrastingly once you are a party to any WCO resolutions you are obliged to its provisions and also these resolutions may be legally binding after a certain period of time.
4) A declaration is a written statement declared to be true in the presence of an authorized witness hence it does not have strength of law but there is indirect obligation on a country that is party to a declaration. Hence she is required to adhere to the principles outlined in that declaration.
Statutory Declarations Regulations 2008 pp. 5-8
Accenture, (2006) Transforming border management. Facilitating trade, travel and security to achieve high performance. Retrieved from http://www.accenture.com/NR/pdf.
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