1 Overview of International Treaty Law, the UN Office of Legal Affairs and Treaty Section mandates Ms. Annebeth Rosenboom Chief Treaty Section Office of Legal Affairs United Nations

2 OVERVIEW 1. Types of law and international law 2. The position of treaties in international law 3. Treaties 4. The Office of Legal Affairs 5. The Treaty Sections objectives and activities

3 International Law and the importance of treaties In the last decades, relations among States have become increasingly complex – heightening the need to strengthen and promote international law and the rule of law at the national and international levels. In the last decades, relations among States have become increasingly complex – heightening the need to strengthen and promote international law and the rule of law at the national and international levels. The United Nations Secretary-General has, in numerous statements and reports, consistently emphasized the importance of participation in and the domestic implementation of treaty-based norms and international legal principals.

4 LAW National Law Foreign Law International Law

5

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

7 Treaties Bilateral treaties Multiple bilateral treaties Multilateral treaties

8 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

9 Rule of Law The international rule of law contributes to order and stability, and enhances each nations independence and security.

10 Rule of Law and the Treaty Framework SG Ban Ki-Moon is making the rule of law an important theme of his tenure. He has stated that [t]ogether, by participating in the international treaty framework, we can succeed in advancing our mission of building a global society based on respect for the rule of law. SG Ban Ki-Moon is making the rule of law an important theme of his tenure. He has stated that [t]ogether, by participating in the international treaty framework, we can succeed in advancing our mission of building a global society based on respect for the rule of law.

11 UN Office of Legal Affairs The Office of the Legal Counsel The Office of the Legal Counsel The General Legal Division The General Legal Division The Codification Division The Codification Division The International Trade Law Division, the Division of Ocean Affairs and Law of the Sea The International Trade Law Division, the Division of Ocean Affairs and Law of the Sea The Treaty Section The Treaty Section

12 UN Office of Legal Affairs The Office of Legal Affairs advises on many areas of international law, including the establishment of peacekeeping missions, the relationships between the UN and States and private entities, mandates given to the UN, privileges and immunities, and more. The Office of Legal Affairs advises on many areas of international law, including the establishment of peacekeeping missions, the relationships between the UN and States and private entities, mandates given to the UN, privileges and immunities, and more. OLA provides secretariat duties (6 th Committee (Legal) of the GA, ILC meetings) and gives advice on rules of procedure to the UN organs. OLA provides secretariat duties (6 th Committee (Legal) of the GA, ILC meetings) and gives advice on rules of procedure to the UN organs. OLA also includes 2 divisions that work on specific areas: trade law (UNCITRAL secretariat) and the law of the sea. OLA also includes 2 divisions that work on specific areas: trade law (UNCITRAL secretariat) and the law of the sea.

13 Treaty Section Objectives Contribute to the rule of law by: Contribute to the 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.

14 Treaty Section Activities Assist States in signing and becoming party to treaties Assist States in signing and becoming party to treaties Advise on issues and questions of international treaty law Advise on issues and questions of international treaty law Perform the function of the SG as depositary for multilateral treaties Perform the function of the SG as depositary for multilateral treaties Advise on reservations, declarations and final clauses to treaties Advise on reservations, declarations and final clauses to treaties Register treaties submitted under Article 102 of the UN Charter Register treaties submitted under Article 102 of the UN Charter Publish treaties in the UN Treaty Series Publish treaties in the UN Treaty Series Provide capacity-building trainings and organize special treaty events Provide capacity-building trainings and organize special treaty events

15 UN General Assembly support for treaties The 2005 Outcome Document of the General Assembly High-Level Summit supported the annual Treaty Event and specifically encouraged States that have not yet done so to consider becoming parties to … treaties in a range of subject areas. The 2005 Outcome Document of the General Assembly High-Level Summit supported the annual Treaty Event and specifically encouraged States that have not yet done so to consider becoming parties to … treaties in a range of subject areas.

16 Action plans and follow-up Over the following days, keep in mind challenges your government may face in the area of treaties and their implementation. Over the following days, keep in mind challenges your government may face in the area of treaties and their implementation. Please note those substantive areas your government wishes to work on and steps you may like to take. Please note those substantive areas your government wishes to work on and steps you may like to take. On the last day, we will discuss and create plans that will also include ways the UN family of offices and organizations may assist your governments with becoming party to treaties, implementing them and registering them with the UN. On the last day, we will discuss and create plans that will also include ways the UN family of offices and organizations may assist your governments with becoming party to treaties, implementing them and registering them with the UN.

17 Copyright 2009 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 2009 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