1. 1 Multilateral Treaties Deposited with the Secretary-General By P. Muriel Djella Ogandaga Legal Officer Treaty Section Office of Legal Affairs

2. 2 How to Become Party to a Treaty? Signature Consent to be bound Signature Consent to be bound Referred to as “Simple Signature” subject to ratification, acceptance or approval Referred to as “Simple Signature” subject to ratification, acceptance or approval Definitive Signature Definitive Signature Accession Accession Declarations, Reservations, Notifications Declarations, Reservations, Notifications Deposit of Instruments Deposit of Instruments

3. 3 Signature When? When? What States and entities can sign? What States and entities can sign? Who can sign on behalf of a State? Who can sign on behalf of a State?

4. 4 Signature Who can sign on behalf of a State? Heads of State Heads of State Heads of Government Heads of Government Ministers for Foreign Affairs Ministers for Foreign Affairs Acting or Ad Interim Head of State or Government or Minister for Foreign Affairs Acting or Ad Interim Head of State or Government or Minister for Foreign Affairs

5. 5 Signature Full Powers All other representatives wishing to sign treaties must be in possession of FULL POWERS.

6. 6 Signature Requirements for full powers A valid instrument of full powers must contain the following elements: A valid instrument of full powers must contain the following elements: Authorize signature; Authorize signature; Identify the treaty; Identify the treaty; Specify the name of the individual authorized to sign; Specify the name of the individual authorized to sign; Issued and signed by either the Head of State or Government or the MFA or by a person exercising the power of one of the three authorities ad interim; Issued and signed by either the Head of State or Government or the MFA or by a person exercising the power of one of the three authorities ad interim; Dated Dated

7. 7 Signature Venue Signature Venue Appointment for signature in the Treaty Section Appointment for signature in the Treaty Section Facsimile No: (212) 963-3693 Facsimile No: (212) 963-3693 Phone No: (212) 963- 5047 Phone No: (212) 963- 5047 E-mail: treaty@un.org E-mail: treaty@un.org

8. 8 Signature Treaty Events Millennium Summit (2000) Millennium Summit (2000) Focus 2001: Women and Children Focus 2001: Women and Children Treaty Event: Multilateral Treaties on Terrorism (10 to 16 November 2001) Treaty Event: Multilateral Treaties on Terrorism (10 to 16 November 2001) Focus 2002: Sustainable Development Focus 2002: Sustainable Development Focus 2003: Treaties Against Transnational Organized Crime and Terrorism Focus 2003: Treaties Against Transnational Organized Crime and Terrorism Focus 2004: Treaties on the Protection of Civilians Focus 2004: Treaties on the Protection of Civilians Focus 2005: Responding to Global Challenges Focus 2005: Responding to Global Challenges Focus 2006: Crossing Borders Focus 2006: Crossing Borders Focus 2007: Towards Universal Participation and Implementation Focus 2007: Towards Universal Participation and Implementation Treaty Event 2008: Dignity and Justice for All of Us Treaty Event 2008: Dignity and Justice for All of Us Treaty Event 2009: Towards Universal Participation and Implementation Treaty Event 2009: Towards Universal Participation and Implementation

9. 9 Simple Signature Legal Implications Subject to ratification, acceptance or approval; Subject to ratification, acceptance or approval; No positive legal obligations; No positive legal obligations; Indicates a State’s intention to express its consent to be bound; Indicates a State’s intention to express its consent to be bound; Creates an obligation to refrain in good faith from acts that would be contrary to the object and purpose of a treaty (until it shall have made its intention clear not to become a party to the treaty – art. 18 VCLT). Creates an obligation to refrain in good faith from acts that would be contrary to the object and purpose of a treaty (until it shall have made its intention clear not to become a party to the treaty – art. 18 VCLT). No time limit for ratification. No time limit for ratification.

10. 10 Signature Review Is the treaty open for signature? Is the treaty open for signature? Does the treaty allow your State to sign? Does the treaty allow your State to sign? Who will sign? Who will sign? Are full powers required? Are full powers required? Appointment for signature. Appointment for signature.

11. 11 Signature Model Instrument of Full Powers Full Powers (To be signed by the Head of State, Head of Government or Minister for Foreign Affairs) I, [name and title of the Head of State, Head of Government or Minister for Foreign Affairs], HEREBY AUTHORISE [name and title] to sign the [title of treaty] on behalf of the Government of [State]. Done at [place] on [date]. [Signature and title]

12. 12 Consent to be Bound To become party to a treaty, a State must express its consent to be bound by a treaty at international law.

13. 13 Consent to be Bound How? Definitive Signature Definitive Signature Simple Signature followed by Ratification, Acceptance or Approval Simple Signature followed by Ratification, Acceptance or Approval Accession Accession

14. 14 Consent to be Bound How? Succession An undertaking at international law whereby a State assumes the rights and obligations under a treaty previously applied to its territory by a predecessor State.

15. 15 Consent to be Bound Domestic “Ratification” A State is not a party to a treaty by simply “ratifying” a treaty domestically. A State is not a party to a treaty by simply “ratifying” a treaty domestically.

16. 16 Consent to be Bound Domestic “Ratification” States should ensure domestic legislative requirements are completed prior to consenting to be bound; States should ensure domestic legislative requirements are completed prior to consenting to be bound; State cannot claim that its consent to be bound is invalid due to violation of its internal law (VCLT, art. 46(1)). State cannot claim that its consent to be bound is invalid due to violation of its internal law (VCLT, art. 46(1)).

17. 17 Consent to be Bound Basic requirements for a valid instrument Identify treaty Identify treaty Declaration of undertaking Declaration of undertaking Expression of intent of the Government to be bound by the treaty and to undertake faithfully to observe and implement its provisions Expression of intent of the Government to be bound by the treaty and to undertake faithfully to observe and implement its provisions Issued and signed Issued and signed Head of State or Government or the MFA or by a person exercising the power of one of the three authorities ad interim; Head of State or Government or the MFA or by a person exercising the power of one of the three authorities ad interim; Dated Dated

18. 18 Consent to be Bound Model Instrument of Ratification, Acceptance or Approval Ratification/Acceptance/Approval (To be signed by Head of State, Head of Government or Minister for Foreign Affairs) WHEREAS the [title of treaty] was adopted at [place] on [date], AND WHEREAS the said [treaty] has been signed on behalf of the Government of [State] on [date], NOW THEREFORE I, [name and title of the HS, HG or MFA] declare that the Government of [State], having considered the above [treaty], [ratifies/accepts/approves] the same and undertakes faithfully to perform and carry out the stipulations therein contained. IN WITNESS WHEREOF, I have signed this instrument of [ratification/acceptance/approval] at [place] on [date]. [Signature] [Signature]

19. 19 Consent to be Bound Model Instrument of Accession Accession (To be signed by Head of State, Head of Government or Minister for Foreign Affairs) WHEREAS the [title of treaty] was adopted at [place] on [date], NOW THEREFORE I, [name and title of the HS, HG or MFA] declare that the Government of [State], having considered the above [treaty], accedes to the same and undertakes faithfully to perform and carry out the stipulations therein contained. IN WITNESS WHEREOF, I have signed this instrument of accession at [place] on [date]. [Signature] [Signature]

20. 20 Consent to be Bound Additional requirements for a valid instrument Optional Declarations Optional Declarations Mandatory Declarations Mandatory Declarations Notifications Notifications Reservations Reservations Authorized? Authorized? Prohibited? Prohibited? Silent? Silent?

21. 21 Consent to be Bound Optional and Mandatory Declarations Legally binding and must be included in a duly signed instrument of ratification, acceptance, etc. or signed in their own right. Legally binding and must be included in a duly signed instrument of ratification, acceptance, etc. or signed in their own right. Often such declarations must be made upon ratification, acceptance, approval or accession. Often such declarations must be made upon ratification, acceptance, approval or accession.

22. 22 Consent to be Bound Optional Declarations E.g.: Article 36, paragraph 2 of the Statute of the ICJ recognizing as compulsory the jurisdiction of the Court. E.g.: Article 36, paragraph 2 of the Statute of the ICJ recognizing as compulsory the jurisdiction of the Court. E.g.: Article 2(2)(a) of Suppression of the Financing of Terrorism Convention provides that upon ratifying, accepting, approving or acceding to the Convention, a State party which is not a party to a treaty listed in the annex to the Convention may declare that, in the application of the Convention to that State, the treaty shall be deemed not to be included in the annex referred to. E.g.: Article 2(2)(a) of Suppression of the Financing of Terrorism Convention provides that upon ratifying, accepting, approving or acceding to the Convention, a State party which is not a party to a treaty listed in the annex to the Convention may declare that, in the application of the Convention to that State, the treaty shall be deemed not to be included in the annex referred to.

23. 23 Consent to be Bound Mandatory Declarations E.g.: OPCRC on the involvement of children in armed conflict E.g.: OPCRC on the involvement of children in armed conflict Article 3(2) provides: Each State party shall deposit a binding declaration upon ratification of or accession to this Protocol that sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced. Article 3(2) provides: Each State party shall deposit a binding declaration upon ratification of or accession to this Protocol that sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced.

24. 24 Consent to be Bound Notifications Notifications typically provide information as required under a treaty. Notifications typically provide information as required under a treaty. Distinction between declarations and notifications is not always made. Distinction between declarations and notifications is not always made. E.g.: International Covenant on Civil and Political Rights E.g.: International Covenant on Civil and Political Rights Article 4 (3): A State Party availing itself of the right to derogate in time of public emergency shall immediately inform the other States Parties, through the Secretary-General, of the provision from which it has derogated and of the reasons by which it was actuated. r Article 4 (3): A State Party availing itself of the right to derogate in time of public emergency shall immediately inform the other States Parties, through the Secretary-General, of the provision from which it has derogated and of the reasons by which it was actuated. r

25. 25 Consent to be Bound Notifications E.g.: UNC Against Transnational Organized Crime E.g.: UNC Against Transnational Organized Crime Notification under art. 5 (3): States whose domestic law requires an additional element than the offences established in accordance with the article must so notify the SG; Notification under art. 5 (3): States whose domestic law requires an additional element than the offences established in accordance with the article must so notify the SG; Notification under art. 16(5): For States that make extradition conditional on the existence of a treaty, shall inform the SG whether they will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. Notification under art. 16(5): For States that make extradition conditional on the existence of a treaty, shall inform the SG whether they will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. Notification under art. 18 (13): Designation of a central authority for purposes of receiving mutual legal assistance; Notification under art. 18 (13): Designation of a central authority for purposes of receiving mutual legal assistance; Notification under art. 18 (14): Designation of language. Notification under art. 18 (14): Designation of language. Notification under art. 31(6): Designation of an authority that can assist other states in developing measures to prevent transnational organised crime Notification under art. 31(6): Designation of an authority that can assist other states in developing measures to prevent transnational organised crime

26. 26 Consent to be Bound Reservations Reservations Reservations A reservation is any statement - however phrased or named - which purports to exclude or modify the legal effect of a treaty provision. A reservation is any statement - however phrased or named - which purports to exclude or modify the legal effect of a treaty provision. Legally binding and must be included in a duly signed instrument of ratification, acceptance, etc. or signed in their own right. Legally binding and must be included in a duly signed instrument of ratification, acceptance, etc. or signed in their own right. Must be done upon signature or deposit. If done upon signature must be confirmed upon ratification (exceptions). Must be done upon signature or deposit. If done upon signature must be confirmed upon ratification (exceptions). Modification/Withdrawal Modification/Withdrawal

27. 27 Consent to be Bound Reservations Treaties silent as to reservations (Human Rights treaties). Treaties silent as to reservations (Human Rights treaties). Certain reservations allowed/prohibited. Certain reservations allowed/prohibited. Reservations altogether prohibited (Stockholm Convention, Rome Statute). Reservations altogether prohibited (Stockholm Convention, Rome Statute). Authorized reservations (settlement of disputes) E.g.: Article 35 of the UNC Against Transnational Organized Crime – Each State Party may, at the time of signature, ratification, acceptance or approval or of accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this article (mandatory arbitration and referral to ICJ). Authorized reservations (settlement of disputes) E.g.: Article 35 of the UNC Against Transnational Organized Crime – Each State Party may, at the time of signature, ratification, acceptance or approval or of accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this article (mandatory arbitration and referral to ICJ).

28. 28 Consent to be Bound Review Definitive Signature Definitive Signature Is the treaty open for signature? Is the treaty open for signature? Does the treaty allow your State to sign? Does the treaty allow your State to sign? Who will sign? Who will sign? Are full powers required? Are full powers required?

29. 29 Consent to be Bound Review SignatoryRatification, Acceptance or Approval SignatoryRatification, Acceptance or Approval Non-signatoryAccession Non-signatoryAccession Conditions for Accession? Conditions for Accession? Declarations/Notifications? Declarations/Notifications? Reservations? Reservations?

30. 30 Deposit of Instruments Place and Method Instruments become effective only when deposited with SG at UNHQ; Instruments become effective only when deposited with SG at UNHQ; Personal delivery to the S-G or to his representative - the Legal Counsel or the Chief of the Treaty Section; Personal delivery to the S-G or to his representative - the Legal Counsel or the Chief of the Treaty Section; By mail, by facsimile or by e-mail. By mail, by facsimile or by e-mail.

31. 31 Deposit of Instruments Place and Methods Appointment for deposit in the Treaty Section Appointment for deposit in the Treaty Section Facsimile No: (212) 963-3693 Facsimile No: (212) 963-3693 Phone No: (212) 963- 5047 Phone No: (212) 963- 5047 E-mail: depositarycn@un.org E-mail: depositarycn@un.org depositarycn@un.org Treaty Events Treaty Events

32. 32 Deposit of Instruments Date of Deposit Date when instrument is received at UNHQ either by SG, the Legal Counsel, the Treaty Section or by the Mail Unit; Date when instrument is received at UNHQ either by SG, the Legal Counsel, the Treaty Section or by the Mail Unit; Deposit will produce its effect in accordance with provisions of a treaty. Deposit will produce its effect in accordance with provisions of a treaty.

33. 33 Copyright Notice Copyright 2011 by the United Nations. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, i.e., electronic, mechanical, photocopying, recording, or otherwise, without the written permission of the United Nations. Copyright 2011 by the United Nations. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, i.e., electronic, mechanical, photocopying, recording, or otherwise, without the written permission of the United Nations.