Registration of treaties under Article 102 of the Charter of the United Nations Keiichiro Okimoto Associate Legal Officer Treaty Section, Office of Legal Affairs 16 November 2011

1. Outline  Brief background  Article 102 of the Charter + legal requirements therein  Practical guide  Exercises

2. Brief background  Avoid secret treaties  Model for drafting treaties on a similar subject  Research  Reliable reference  Article 18 of the Covenant of the League of Nations  Required Member States to register any treaties with the Secretariat of the League of Nations  Treaties were not considered as binding until they were registered

3. Article 102 of the Charter Para. 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.” Para. 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.”

4. General Assembly Regulations “Regulations to Give Effect to Article 102 of the Charter of the United Nations”  Adopted in 1946 and modified in 1949, 1950, and 1978  Provides detail guidance on the implementation of Article 102

5.1 Legal requirements  Agreement must be a treaty  Article 2 (1) (a), Vienna Conventions on the Law of Treaties of 1969 and 1986 provides that “treaty” means:  International agreement concluded between:  States  International organisations  States and international organisations  In written form  Governed by international law  Whether in a single instrument or in multiple related instruments  Whatever its particular designation.

5.2 Legal requirements  Agreement must have entered into force  If after the entry into force of the UN Charter  Subject to registration  Agreements that entered into force before the entry into force of the UN Charter and not registered with the League of Nations Secretariat  Subject to filing and recording

5.3 Legal requirements  At least two parties must possess treaty-making capacity  Agreements with a UN Member State as a party  Subject to registration  Agreements between:  UN and Specialised Agencies  Specialised Agencies  Non-Member States and UN/Specialised Agencies  Subject to filing and recording

5.4 Legal requirements  Agreement must be registered as soon as possible  No fixed time-frame  Once all the documentation is ready (e.g. text in all authentic languages, reservations and declarations, annexes etc.)

6.1 Practical guide: Preliminary checks  Have the agreements to be submitted already been registered?  Search on the UN Treaty Collection website  If already registered, no need to submit

6.2 Practical guide: Preliminary checks  Are there other agreements invoked or referred to in the agreement to be submitted?  Search on the UN Treaty Collection website  If referred agreements are already registered, submit the original agreement  If not registered, submit the referred agreements together with the original agreement

6.3 Practical guide: Preliminary checks  Are all the legal requirements met?

6.4 Practical guide: Preliminary checks  In case of a multilateral treaty, only the depositary should submit the treaty for registration  All treaty actions should also be registered with the Secretariat  The depositary is best placed  Registration by one party relieves all other parties of the obligation to register

6.5 Practical guide: Preparing submissions  Prepare one certified true copy of all authentic texts  If the agreement was concluded in more than one languages, submit a certified true copy in all the languages  The copy must be clear and legible, with one page on one side, so that the agreement can be published

6.6 Practical guide: Preparing submissions  Prepare one copy of all attachments (e.g. annexes, minutes, schedules, maps)  Prepare one copy of reservations, declarations, objections

6.7 Practical guide: Preparing submissions  Prepare one hard copy of English and French translations, if available  Only when the authentic languages are not in English and/or French  Facilitates the publication process

6.8 Practical guide: Preparing submissions  Prepare one electronic copy of all the documents, either in:  CD/DVD-Rom  USB stick  at

6.9 Practical guide: Preparing submissions  Prepare a certifying statement for each agreement Minimum information required:  Title of the agreement  Statement that the attached text and the electronic copy are true and complete copy of the agreement  Existence of reservations, declarations, or objections (for multilateral treaties)  Date of signature  Place of signature  Date of entry into force  Method of entry into force Additional information:  Authentic languages  Name of signatories

6.10 Practical guide: Preparing submissions  For multilateral treaties, attach a list of all treaty actions (ratification, acceptance, approval, accession etc.) with:  Dates of deposits of instruments  Dates of the entry into force of the instruments  Subsequent treaty actions + amendments/termination should also be registered with the Secretariat

6.11 Practical guide: Preparing submissions  Send to the Treaty Section by mail or in person Treaty Section, Office of Legal Affairs 380 Madison Avenue, 13 floor New York, N.Y United States of America

7. What happens after the registration?  Date of registration = Date of receipt by the Secretariat  Certificate of registration is issued to the submitter  In case where additional documents or information are required, this will be communicated to the submitter

8. Disclaimer  Registration of an agreement does not:  Imply a judgment by the Secretariat on the nature of the instrument, the status of a party or any similar questions;  Confer on the agreement the status of a treaty if it does not already have that status;  Confer on a party a status which it would not otherwise have.

9.1 Publication  Hardcopy United Nations Treaty Series  Online United Nations Treaty Series  Authentic languages + English/French  Monthly Statement of Treaties and International Agreements  Treaties registered or filed/recorded in the previous month  Registration number, title, parties, date/place of conclusion, date/method of entry into force, authentic languages, date of registration

9.2 Publication: Limited publication policy  Full-text of the following treaties are not published:  Assistance and cooperation agreement of limited scope concerning financial, commercial, administrative, or technical matters;  Agreements relating to the organisation of conferences, seminars, or meetings;  Agreements to be published in other series.

10. Using online resources United Nations Treaty Collection (treaties.un.org)  Registration checklist  Searching treaties on United Nations Treaty Series online  By date of conclusion  By keywords in title  By participant  Monthly Statement

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