REGIONAL TRAINING ON TREATY LAW AND PRACTICE Maseru, Lesotho February 2014 Introduction to the Law of Treaties and the Work of the Treaty Section, Office of Legal Affairs Presentation by the Treaty Section, Office of Legal Affairs, United Nations

Treaties/International Agreements Treaties are: Treaties are: main source of international lawmain source of international law key foundation for the development of the international rule of lawkey foundation for the development of the international rule of law serve as precedentsserve as precedents contribute to the development of legal principlescontribute to the development of legal principles

Treaties/International Agreements Treaties cover all aspects of human interaction Treaties cover all aspects of human interaction States derive various benefits from the international treaty framework, e.g.: States derive various benefits from the international treaty framework, e.g.: Contributes to order and stability (rule of law) Contributes to order and stability (rule of law) Provides a basis and a framework for peaceful cooperation among States and the achievement of common goals Provides a basis and a framework for peaceful cooperation among States and the achievement of common goals Enhances security Enhances security Sets common standards Sets common standards

"The expansion of the rule of law in international relations has been the foundation of much of the political, social and economic progress achieved in recent years. Undoubtedly, it will facilitate further progress in the new millennium.” "The new millennium is an appropriate occasion to reaffirm the primary objectives of our Organization and focus on them anew. Establishing the rule of law in international affairs is a central priority.” Treaties/International Agreements Extract from a statement made in 2000 by Mr. Kofi Annan, former Secretary-General

What is a Treaty? “Treaty” is an international agreement concluded between States and/or international organizations 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 “Treaty” is an international agreement concluded between States and/or international organizations 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

Vienna Convention on the Law of Treaties, 1969 and Vienna Convention on the Law of Treaties - Applies to agreements between States only (bilateral and multilateral) 1969 Vienna Convention on the Law of Treaties - Applies to agreements between States only (bilateral and multilateral) Vienna Convention on the Law of Treaties between States and International Organizations or between International Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, Applies only to treaties concluded by States after its entry into force for such States (1986 VCLT not yet in force)

Vienna Convention on the Law of Treaties, 1969 and 1986 Concluded between or among subjects of international law – States or international organizations with treaty-making capacity Concluded between or among subjects of international law – States or international organizations with treaty-making capacity Written form - Convention does not apply to oral agreements Written form - Convention does not apply to oral agreements Governed by international law – Intention to create obligations under international law Governed by international law – Intention to create obligations under international law Whether created in a single instrument or in two or more related instruments Whether created in a single instrument or in two or more related instruments Whatever its particular designation Whatever its particular designation

Treaty-making Treaties adopted by General Assembly Treaties adopted by General Assembly The International Law Commission and Sixth Committee play key roles with respect to treaty- making The International Law Commission and Sixth Committee play key roles with respect to treaty- making Treaties also concluded by conferences convened by other United Nations organs, specialized agencies or regional commissions, or by States or other intergovernmental organizations Treaties also concluded by conferences convened by other United Nations organs, specialized agencies or regional commissions, or by States or other intergovernmental organizations

Work of the Treaty Section Mandate Registration and publication of treaties under Article 102 of the Charter of the United Nations Registration and publication of treaties under Article 102 of the Charter of the United Nations Discharge of depositary functions of the Secretary-General Discharge of depositary functions of the Secretary-General Provision of advice and information on treaty law and the depositary practice of the Secretary-General Provision of advice and information on treaty law and the depositary practice of the Secretary-General Collaboration in the drafting of final clauses of treaties concluded under UN auspices Collaboration in the drafting of final clauses of treaties concluded under UN auspices Conduct of capacity-building training at UN Headquarters and at the regional level Conduct of capacity-building training at UN Headquarters and at the regional level

Work of the Treaty Section Main objectives Improve access to treaties and treaty- related information Improve access to treaties and treaty- related information Promote broader participation in the multilateral treaty framework Promote broader participation in the multilateral treaty framework Enhance understanding of legal and technical aspects of participation in treaties and registration of treaties, e.g., through capacity-building activities Enhance understanding of legal and technical aspects of participation in treaties and registration of treaties, e.g., through capacity-building activities Promote respect for the rule of law Promote respect for the rule of law

Work of the Treaty Section Registration Article 102 of UN Charter requires all Member States to register their treaties and agreements after their entry into force Article 102 of UN Charter requires all Member States to register their treaties and agreements after their entry into force Treaty Section receives, analyzes, processes, registers and records treaties and publishes the Monthly Statement of Treaties (since April 2010 only on the Internet) Treaty Section receives, analyzes, processes, registers and records treaties and publishes the Monthly Statement of Treaties (since April 2010 only on the Internet) Treaty Section registers approximately 4000 treaties and related actions annually (ratifications, declarations, reservations, territorial extensions, etc.) Treaty Section registers approximately 4000 treaties and related actions annually (ratifications, declarations, reservations, territorial extensions, etc.)

Publication All registered treaties must be published (Article 102 of the Charter of the United Nations)All registered treaties must be published (Article 102 of the Charter of the United Nations) The United Nations Treaty Series (UNTS) has been published continuously since 1946:The United Nations Treaty Series (UNTS) has been published continuously since 1946:  It contains over 50,000 treaties, and a similar number of related actions  There are over 2,300 printed volumes, in 142+ languages, and over 1,000,000 pages All published volumes are available at All published volumes are available at Work of the Treaty Section

Depositary Functions Treaty Section discharges the functions of the Secretary-General as Depositary of over 500 multilateral treaties: Treaty Section discharges the functions of the Secretary-General as Depositary of over 500 multilateral treaties: Secretary-General is not obligated to accept role but usually will for: Secretary-General is not obligated to accept role but usually will for: Multilateral treaties open to universal participation Multilateral treaties open to universal participation Treaties adopted by the General Assembly Treaties adopted by the General Assembly Treaties concluded by a conference convened by a United Nations organ Treaties concluded by a conference convened by a United Nations organ Regional treaties drawn up within the framework of the regional commissions Regional treaties drawn up within the framework of the regional commissions Work of the Treaty Section

In 2000, the Millennium Year, a campaign was launched to encourage wider participation in the multilateral treaties deposited with the Secretary- General In 2000, the Millennium Year, a campaign was launched to encourage wider participation in the multilateral treaties deposited with the Secretary- General Following Millennium Summit, the Secretary-General decided to hold such an event each year. Following Millennium Summit, the Secretary-General decided to hold such an event each year. Treaty Events “Encouraging Wider Participation”

Focus 2001: Rights of Women and Children; Focus 2001: Rights of Women and Children; 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: Protection of Civilians; Focus 2004: 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 Events : Towards Universal Participation and Implementation Treaty Events : Towards Universal Participation and Implementation Treaty Events

Assistance provided to countries to become party to treaties (signature, ratification/accession, etc.). Assistance provided to countries to become party to treaties (signature, ratification/accession, etc.). Treaty Section published Treaty Handbook to assist States in registering treaties and becoming party; Treaty Section published Treaty Handbook to assist States in registering treaties and becoming party; Handbook on Final Clauses; Handbook on Final Clauses; Capacity-Building Trainings at HQ and in regions: ASEAN (China), AALCO (Indonesia), CIS (Belarus), Central and Southern American States (Colombia, Peru.) Capacity-Building Trainings at HQ and in regions: ASEAN (China), AALCO (Indonesia), CIS (Belarus), Central and Southern American States (Colombia, Peru.) Training and Technical Assistance

Publications on the Internet ( Multilateral Treaties Deposited with the Secretary-General Multilateral Treaties Deposited with the Secretary-General United Nations Treaty Series United Nations Treaty Series League of Nations Treaty Series League of Nations Treaty Series Depositary Notifications (CNs) Depositary Notifications (CNs) Certified True Copies of treaties deposited Certified True Copies of treaties deposited with S-G with S-G Summary of Practice of the Secretary-General as Depositary Summary of Practice of the Secretary-General as Depositary Treaty Handbook Treaty Handbook Handbook of Final Clauses Handbook of Final Clauses Monthly Statement of Treaties and International Agreements Monthly Statement of Treaties and International Agreements UNTC on Internet receives over 1 million hits per month. UNTC on Internet receives over 1 million hits per month.

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