Presentation on theme: "Registration of Treaties under Article 102 of the"— Presentation transcript:
1Registration of Treaties under Article 102 of the Charter of the United NationsSeminar on the undertaking of Treaty Actions for TreatiesNovemberUN HeadquartersMuriel Djella OgandagaArturo RequesensAssociate Legal OfficersTreaty Section
2Agenda Article 102 of the UN Charter - Mandate Definition of Treaty and Treaty-making CapacityRegistration procedures for Member StatesPublication of Treaties and Subsequent ActionsLegal Technical Assistance offered by OLA (including internet databases)
3United 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.
4Article 102: Origins and Policy Objective To avoid secret diplomacy (W. Wilson)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.
5Implications of Article 102 Each Member State: must register all international agreements/treaties.United Nations Secretariat: must publish all agreements registered.This function is performed at UN HQ by the Office of Legal Affairs, Treaty Section.
6Article 102(2): Sanctions and Penalties No party to a non-registered agreement may invoke that treaty or agreement before any organ of the United Nations (e.g., the International Court of Justice).The Article 102 sanction seems to apply only to the parties of an unregistered agreement. Third parties have invoked unregistered treaties; parties in the middle of an ICJ proceeding have registered an agreement used in a defense and the ICJ allowed.
7When must a treaty be registered? Article 102(1): “as soon as possible”Secretariat’s practice: the OLA Treaty Section encourages all Member States to submit their treaties for registration – including those from any time period (no deadline for registration).This furthers Article 102’s objective to encourage greater transparency and OLA’s mandate to promote the rule of lawAlso results in a greater number of treaties in the UN Treaty Series, and therefore a better resource for Member States of the UN
8Important Note Registration does not imply a judgment by Secretariat: nature of the instrument,status of a party, or any similar questionSecretariat’s action/inaction does not confer or take away:status of a treaty/ international agreementstatus of a partyAgreement/entity MUST possess status at international law.
9SummaryMember State: must submit for registration all international agreements/treatiesSecretariat: must publish registered agreements
10Definition of “Treaty” or “International Agreement” UN Charter: no definitionRegulations to give effect to Article 102 (GA 1946)Article 1:“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.
11“Treaty” or “International Agreement” Article 102“Treaty” or “International Agreement”TreatyConventionExchange of notes/lettersProtocolMOUMinutesUnilateral Declaration
12Treaty characteristics RegistrableAt least 2 Parties with treaty-making capacityIntention to create legal obligations at international lawBinding at international lawEntry into force date/methodOld/Terminated agreements includedNot registrableMere political declarationsAgreements governed by domestic lawNot in force; no simple signature
13Treaty-Making Capacity At least two parties- Sovereign states- Intergovernmental organizationsNo capacity:Non-state entities- Secretariat is guided by GA/SC resolutions
14Summary Treaty/International Agreement whatever its form and descriptive namePartiestreaty-making capacity on international planeintention to create obligations at international law
15Types of Subsequent Actions to Treaties registered by the UN Secretariat MultilateralRatification/AccessionTerminationExtension to territoriesDenunciationAmendmentBilateralChange in partiesModification of terms/TerminationChange in scope of application
16Filing and RecordingAgreements not subject to registration are voluntarily filed and recorded (but are still published by the UN Secretariat).Includes agreements between:United Nations and Specialized AgenciesUnited Nations and non-member statesSpecialized Agencies and non-member states2 or more Specialized AgenciesSpecialized Agencies and International Governmental Organizations
17Requirements for Member States for the Registration of Treaties Regulations to give effect to Article 102 » uniform guidelinesTreaty/international agreement (Article 102)Must have already entered into forceAccompanied by a Certifying Statement:“text is a true and complete copy thereof and includes all reservations/declarations made by the parties thereto”Full titleDate and place of conclusionDate and method of Entry into ForceAll authentic languages
18RequirementsSubmission must be complete- e.g., authentic texts, protocols, annexes, mapsCopy of submission must be legible* Any parent agreement or related agreements that are incorporated by reference must already be registeredDate of effect of registration = date of receipt by Secretariat of the complete submission
19Requirements for Publication Electronic copy(G.A. Res. A/RES/51/158 of 10 Jan. 97)Diskette or CD-ROMCourtesy translations into any of the six official languages(preferably English/French)
20Communication by Secretariat If successful: Submitter receives a certificate of registration
22Communication by Secretariat (Continued) If there is a problem with the registration: Submitter is most commonly requested to submit missing information or clarify:Authentic language versionsEntry into force informationMissing annexes, protocols, etc.Translations and electronic copy
23SummaryDocumentation complete; meets definition of “international agreement” under Article 102 and its RegulationsCertifying statement correct and matches the Agreement itselfTranslations/electronic copy submittedAgreement registered and published
24Publication Mandate OLA Treaty Section Monthly StatementPublication of Treaties in the United Nations Treaty SeriesPublication Mandate: - Article 12 of the Regulations to give effect to Article 102 (see Treaty Handbook p. 32) - Modified by A/153 of 15 December 1997
25United Nations Treaty Series Limited Publication Policy Exceptions to publication in extenso:Assistance / co-operation agreements of limited scope:financial, commercial, administrative or technical matterse.g. project agreements, World Bank bilateral financial agreementsAgreements relating to the organization of conferences, seminars or meetingsAgreements that are to be published elsewhere by UN Secretariat or specialized or related agencye.g. IAEA agreements
26United Nations Treaty Series Limited Publication Policy Exceptions to publication in extenso:Lengthy lists of products attached to trade agreementsAnd: Agreements of the European Community/Union are published only in English and FrenchSource: Article 12(2) of the GA regulations to give effect to Article 102 of the UN Charter
27United Nations Treaty Series Published in a single series beginning in 1946 (with the SG’s annual report, UNTS is 1 of only 2 publications mandated in the UN Charter)All integral elements of an agreement including protocols, agreed minutes, attachments and maps
28United Nations Treaty Series Publications Texts of agreements registered and filed and recorded with the SecretariatAll languages of the registered agreementsOver 140 languagesTranslations into English and French
29UNTS on the Internet http://treaties.un.org Full texts of treaties and treaty actions with textual component are available.Including declarations, statements, reservations, etc.Search and retrieval capabilities for all treatiesFacility 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
30Requirements for Faster Publication of Treaties Submitted for Registration Clean, legible hard copies submittedTRANSLATIONS – into English and FrenchElectronic text (Wordperfect, Word, PdF, Tif, etc.)
31Legal Technical Assistance Provided by the Office of Legal Affairs Research for Member States and their GovernmentsTexts and parties to multilateral and bilateral treatiesCapacity-building Trainings at Headquarters and in the regionsIndividual assistance provided by Legal Officers on specific treaty-related questionsReference to substantive offices and treaty bodies