1 Strengthening the Rule of Law: Contribution of the Treaty Section of the Office of Legal Affairs Patricia Muriel Djella Ogandaga Legal Officer, Treaty Section Office of Legal Affairs An Overview

2 OVERVIEW 1. The position of international law 2. The position of treaties in international law 3. The treaties 4. The Treaty Section objectives

3 LAW National Law Foreign Law International Law

4 Sources of international law (Art. 38 of the Statute of the ICJ) Treaties International custom General principles of law Judicial decisions and teachings

5 Treaties Bilateral Treaties Registration: Multilateral treaties: about 550 treaties are deposited With the Secretary-General of United Nations

6 The Vienna Convention 1969 defines a treaty as "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" (article 2(1)(a)). What is a “Treaty” Congress of Vienna ( ) “There is always an alternative to conflict”

7 What is a “Treaty” UN Charter: no definition Registration of treaties  Regulations to give effect to Article 102 (GA 1946) Article 1:“whatever its form and descriptive name”

8 Treaty or International Agreement  Treaty  Convention  Exchange of notes/letters  Protocol  MOU  Minutes  Unilateral Declaration

9 Matters of treaties Matters of treaties deposited with the Secretary-general Matters of treaties deposited with the Secretary-general  about 29 subjects such as Privileges and Immunities, Diplomatic and Consular Relation, Human Rights, Narcotic Drugs and Psychotropic Substances, International Trade and Development, Penal Matters, commodities, law of the sea, law of treaties, disarmament, environment, etc.

10 Treaty-Making Capacity Capacity: At least two parties At least two parties - Sovereign states - Sovereign states - Intergovernmental organizations - Intergovernmental organizations No capacity: Non-state entities Non-state entities - Secretariat is guided by GA/SC resolutions - Secretariat is guided by GA/SC resolutions

11 Multilateral treaties The depositary Depositaries of treaties (the Vienna Convention, 1969, article 76) 1. The designation of the depositary of a treaty may be made by the negotiating States, either in the treaty itself or in some other manner. The depositary may be one or more States, an international organization or the chief administrative officer of the organization. 2. The functions of the depositary of a treaty are international in character and the depositary is under an obligation to act impartially in their performance. In particular, the fact that a treaty has not entered into force between certain of the parties or that a difference has appeared between a State and a depositary with regard to the performance of the latter’s functions shall not affect that obligation.

12 Functions of depositaries (Vienna Convention, 1969, article 77) 1. The functions of a depositary, unless otherwise provided in the treaty or agreed by the contracting States, comprise in particular: (a) keeping custody of the original text of the treaty and of any full powers delivered to the depositary; (b) preparing certified copies of the original text and preparing any further text of the treaty in such additional languages as may be required by the treaty and transmitting them to the parties and to the States entitled to become parties to the treaty; (c) receiving any signatures to the treaty and receiving and keeping custody of any instruments, notifications and communications relating to it;

13 Functions of depositaries (Vienna Convention, 1969, article 77) (d) examining whether the signature or any instrument, notification or communication relating to the treaty is in due and proper form and, if need be, bringing the matter to the attention of the State in question; (e) informing the parties and the States entitled to become parties to the treaty of acts, notifications and communications relating to the treaty; (f) informing the States entitled to become parties to the treaty when the number of signatures or of instruments of ratification, acceptance, approval or accession required for the entry into force of the treaty has been received or deposited;

14 Functions of depositaries (Vienna Convention, 1969, article 77) (g) registering the treaty with the Secretariat of the United Nations; (h) performing the functions specified in other provisions of the present Convention. 2. In the event of any difference appearing between a State and the depositary as to the performance of the latter’s functions, the depositary shall bring the question to the attention of the signatory States and the contracting States or, where appropriate, of the competent organ of the international organization concerned.

15 Rule of Law The international rule of law contributes to order and stability, and enhances each nation’s independence and security.

16 Rule of Law SG Ban Ki-Moon is making the rule of law an important theme of his tenure. In this respect, the General Assembly has convened, this year 2012, at its sixty- seventh session, a high-level meeting on the rule of law at the national and international levels, on 24 September 2012, in New York. SG Ban Ki-Moon is making the rule of law an important theme of his tenure. In this respect, the General Assembly has convened, this year 2012, at its sixty- seventh session, a high-level meeting on the rule of law at the national and international levels, on 24 September 2012, in New York.

17 Treaty Section Objectives Contribute to the international rule of law by: Contribute to the international rule of law by: Improving access to treaties and treaty related information;Improving access to treaties and treaty related information; Promoting broader State participation in the multilateral treaty framework;Promoting broader State participation in the multilateral treaty framework; Enhancing understanding of technical and legal aspects of participating in treaties and registering treaties with the Secretariat.Enhancing understanding of technical and legal aspects of participating in treaties and registering treaties with the Secretariat.

18 Copyright 2012 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 2012 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 Notice