Presentation on theme: "1 Registration Under Article 102 of the UN Charter."— Presentation transcript:
1 Registration Under Article 102 of the UN Charter
2 Agenda Origins and Policy Objective of Article 102 Legal Implications of Article 102 What is a treaty? Registration Requirements Publication
3 Article 102: Origins and Policy Objective Article 18 of the Covenant of the League of Nations: Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered. Objective is to ensure that all treaties remain in the public domain and thus assist in eliminating secret diplomacy.
4 United Nations Charter Article 102 Paragraph 1: Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it. Paragraph 2: No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.
5 Legal Implications of Article 102 Each Member State has a legal obligation to register all international agreements/treaties concluded after the coming into force of the Charter. This obligation does not preclude international organizations with treaty-making capacity or non- Member States from submitting for registration treaties entered into with Member States. Secretariat is mandated to publish all agreements registered.
6 Legal Implications of Article 102 Sanctions Registration is the prerequisite for a treaty or international agreement to be capable of being invoked before the ICJ or any other UN organ. Applies only to the parties of an unregistered agreement. Third parties can invoke the treaty; ICJ has not dealt with this issue.
7 Important Note Important Note Registration does not imply a judgment by the Secretariat on the nature of the instrument, the status of a party, or any similar question. Secretariat’s action does not confer on the instrument the status of a treaty/international agreement if it does not already have that status. Secretariat’s action does not confer on a party a status which it would not otherwise have.
8 Summary Member State must submit for registration all international agreements/treaties; Secretariat must publish all registered agreements; Parties to a treaty may not invoke that treaty before the ICJ or other UN body unless such treaty is registered.
9 Treaties and International Agreements? UN Charter and Regulations: No definition Article 1 of the Regulations to give effect to Article 102 (GA 1946) provides guidance on what comprises a treaty by adding the phrase: “whatever its form and descriptive name” Vienna Convention, 1969, Article 2(1)(a) : “treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.
10 Types of treaties subject to registration Bilateral Treaties; Multilateral Treaties; Subsequent Actions; Unilateral legally binding undertakings: e.g. Acceptance of ICJ’s Compulsory Jurisdiction (Article 36(2) of the ICJ Statute) e.g. Suez Canal Declaration by Egypt: –Registered in 1957 –Egypt considered declaration binding instrument
11 Treaty Convention Exchange of notes/letters Protocol MOU Minutes Unilateral Declaration “Whatever its form and descriptive name”
12 Treaty Characteristics Title and form of a document submitted to Secretariat for registration are less important than its content in determining whether it is a treaty. A treaty must be concluded between at least two parties possessing treaty-making capacity (E.g., Sovereign State/international organization with treaty-making capacity). Intention to create legal obligations at international law.
13 Treaty-Making Capacity Capacity: At least two parties - Sovereign states - Sovereign states - Intergovernmental organizations - Intergovernmental organizations No capacity: Non-state entities Secretariat is guided by GA/SC resolutions
14 Summary Treaty/International Agreement –whatever its form and descriptive name Parties –treaty-making capacity on international plane –intention to create obligations at international law
15 Registration with the Secretariat Treaties of which at least one party is a UN Member may be registered with the Secretariat provided that the treaty has: –Entered into force between at least 2 of the parties, and –Other requirements for registration are met.
16 Filing and Recording Agreements not subject to registration are voluntarily filed and recorded: –UN and non-Member States; –UN and specialized agencies or international organizations; –Specialized agencies and non-Member States; –Two or more specialized agencies; –Specialized Agencies and international organizations; –Other cases.
17 Ex officio registration by UN Every treaty subject to registration and to which the UN is a party shall be registered unilaterally by the UN (ex officio); UN registers subsequent actions ex officio as well; SG as depositary of a multilateral treaty also registers ex officio the treaty and its subsequent actions after the treaty has entered into force.
18 Registration Requirements Regulations to give effect to Article 102: (1) Treaty/International Agreement (Article 102) (2) Certifying Statement (3) Copy of treaty (4) Date of entry into force (5) Method of entry into force (6) Place and date of conclusion
19 Registration Requirements Regulations require that a party registering treaty certify that “the text is a true and complete copy thereof and includes all reservations/declarations made by the parties thereto” Certifying Statement must include: Full title Date and place of conclusion Date and method of EIF All authentic languages Submission must be complete: - E.g., authentic texts, protocols, annexes, maps - E.g., authentic texts, protocols, annexes, maps
20 Legible copy of treaty/international agreement: –One certified and complete copy of all authentic texts, and two additional copies, or one electronic copy. Parent agreement or agreements incorporated by reference must already be registered Date of effect of registration is the date of receipt by Secretariat of the complete submission Registration Requirements
21 Communications by Secretariat If successful: Submitter receives a certificate of registration registration If unsuccessful: Submitter requested to submit missing information/clarification: Authentic languages EIF information Missing annexes, protocols, etc.
23 Summary Documentation complete Certifying statement correct Electronic copy/translations Agreement registered and published
24 Publication Monthly Statement Publication in United Nations Treaty Series Publication Obligation: –Article 12 of the Regulations to give effect to Article 102 (see Treaty Handbook p. 32) –Modified by A/153 of15 December 1997
25 Limited Publication Policy Exceptions to publication in extenso: –Assistance/cooperation agreements of limited scope: financial, commercial, administrative or technical matters e.g. project agreements, World Bank bilateral financial agreements Agreements relating to the organization of conferences, seminars or meetings Agreements that are to be published elsewhere –E.g. IAEA
26 Limited Publication Policy Lengthy lists of products attached to trade agreements Agreements of the European Communities are published only in English and French Source: Article 12(2) of the GA regulations to give effect to Article 102 of the UN Charter
27 United Nations Treaty Series Published in a single series beginning in 1946 All integral elements of an agreement including protocols, agreed minutes, attachments and maps
28 United Nations Treaty Series Texts of agreements registered and filed and recorded with the Secretariat All languages of the registered agreements –Over 140 languages Translations into English and French
29 UNTS on the Internet Full texts of treaties and treaty actions with textual component are available. –Including declarations, statements, reservations, etc. Search and retrieval capabilities for all treaties Facility to view, save and print the full texts of treaties. Full texts of multilateral treaties deposited with the Secretary-General awaiting publication in the UNTS
30 Requirements for Publication Electronic copy (G.A. Res. A/RES/51/158 of 10 Jan. 97) Diskette or CD-ROM Courtesy translation in any of the six official languages (preferably English/French) Clean, legible hard copies.