1 Registration Obligations of States under Article 102 of the Charter of the United Nations and Publications of Treaties Presentation by the Treaty Section, Office of Legal Affairs, United Nations REGIONAL TRAINING ON TREATY LAW AND PRACTICE Jakarta, Indonesia, October 2010

2 Overview Article 102 of the Charter of the United Nations Article 102 of the Charter of the United Nations Definition of “Treaty” or “International Agreement” Definition of “Treaty” or “International Agreement” Treaty-making capacity Treaty-making capacity Requirements for submission of treaties/agreements for registration Requirements for submission of treaties/agreements for registration Publication of treaties and subsequent actions Publication of treaties and subsequent actions Assistance offered by the Office of Legal Affairs (OLA) Assistance offered by the Office of Legal Affairs (OLA)

3 League of Nations Article 18 of the Covenant of the League of Nations: 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.”

4 Charter of the United Nations 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 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.”

5 Charter of the United Nations Article 102 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 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.”

6 Article 102: Implications Each Member State: must register every treaty/international agreement Each Member State: must register every treaty/international agreement United Nations Secretariat: must publish all treaties/agreements registered United Nations Secretariat: must publish all treaties/agreements registered  This function is performed by the Treaty Section of the Office of Legal Affairs

7 Article 102: Implications No party to a non-registered agreement may invoke that treaty or agreement before any organ of the United Nations (for example, the International Court of Justice) No party to a non-registered agreement may invoke that treaty or agreement before any organ of the United Nations (for example, the International Court of Justice)

8 Article 102: Implications When must a treaty be registered? Article 102(1) of the Charter: “as soon as possible”. Article 102(1) of the Charter: “as soon as possible”. Regulations to give effect to Article 102 (adopted by the General Assembly in 1946) - Article 1(2): “Registration shall not take place until the treaty or international agreement has come into force between two or more of the parties thereto.” Regulations to give effect to Article 102 (adopted by the General Assembly in 1946) - Article 1(2): “Registration shall not take place until the treaty or international agreement has come into force between two or more of the parties thereto.” Secretariat’s practice: All Member States are encouraged to submit their treaties for registration – including non-recent ones Secretariat’s practice: All Member States are encouraged to submit their treaties for registration – including non-recent ones

9 Article 102: Implications Registration does not imply a judgment by the Secretariat: nature of the instrument, nature of the instrument, status of a party, or any similar question status of a party, or any similar question Secretariat’s action/inaction does not confer or retrieve: status of a treaty/international agreement status of a treaty/international agreement status of a party status of a party

10 Definition of “Treaty” or “International Agreement” Charter of the United Nations: No definition Charter of the United Nations: No definition Regulations to give effect to Article 102 (adopted by the General Assembly in 1946) Regulations to give effect to Article 102 (adopted by the General Assembly in 1946) Article 1:“whatever its form and descriptive name”

11 Definition of “Treaty” or “International Agreement” Vienna Convention on the Law of Treaties, 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

12  Treaty  Convention  Protocol  Exchange of notes/letters  Memorandum of Understanding  Minutes Definition of “Treaty” or “International Agreement”

13 Treaty/International Agreement Characteristics that an instrument must meet to be considered for registration:  At least two Parties with treaty- making capacity  Intention of Parties to create legal obligations under international law  Binding under international law

14 Treaty/International Agreement Instruments which can not be registered  Mere political declaration  Agreement governed by national law

15 Treaty-making capacity Capacity: At least two parties At least two parties  Sovereign States  Intergovernmental organizations

16 Filing and Recording Agreements not subject to registration  are voluntarily filed and recorded (but are still published by the UN Secretariat), including agreements between: Agreements not subject to registration  are voluntarily filed and recorded (but are still published by the UN Secretariat), including agreements between: United Nations and Specialized AgenciesUnited Nations and Specialized Agencies United Nations and non-member statesUnited Nations and non-member states Specialized Agencies and non-member statesSpecialized Agencies and non-member states Two or more Specialized AgenciesTwo or more Specialized Agencies Specialized Agencies and other intergovernmental organizationsSpecialized Agencies and other intergovernmental organizations

17Summary Treaty/International Agreement Treaty/International Agreement  whatever its form and descriptive name  within the meaning of Article 102 of the UN Charter  binding under international law  entered into force Parties Parties  treaty-making capacity on international plane  intention to create obligations under international law

18 Requirements for submission of treaties for registration Who submits? Multilateral treaty Multilateral treaty  Depositary (e.g. Secretary-General, State or other intergovernmental organization)  Bilateral treaty:  Either State, unless otherwise agreed  Double submission – first State to submit is registering State For UN Member States: Submission through Permanent Missions in New York For UN Member States: Submission through Permanent Missions in New York

19Requirements What is submitted – Multilateral treaty? Certified true copy of treaty/agreement Certified true copy of treaty/agreement All authentic text(s) All authentic text(s) All attachments (annexes, minutes, proces-verbales, etc.) constituting an integral part of the treaty All attachments (annexes, minutes, proces-verbales, etc.) constituting an integral part of the treaty Parties to the treaty Parties to the treaty Date of deposit of the instrument with the depositary Date of deposit of the instrument with the depositary Date of entry into force Date of entry into force Subsequent actions (e.g., reservations, declarations) Subsequent actions (e.g., reservations, declarations) Two additional copies or one electronic copy (CD- Rom) Two additional copies or one electronic copy (CD- Rom) Translations into English and/or French (if available) Translations into English and/or French (if available) [see Note Verbale LA 41 TR/230/Registration and Publication Requirements/2010]

20Requirements What is submitted – Bilateral treaty? Certified true copy of treaty/agreement Certified true copy of treaty/agreement All authentic text(s) All authentic text(s) All attachments (annexes, minutes, proces- verbales, etc.) constituting an integral part of the treaty All attachments (annexes, minutes, proces- verbales, etc.) constituting an integral part of the treaty Subsequent instruments (e.g., amendments) Subsequent instruments (e.g., amendments) Two additional copies or one electronic copy (CD- Rom) Two additional copies or one electronic copy (CD- Rom) Translations into English and/or Translations into English and/or French (if available) [see Note Verbale LA 41 TR/230/Registration and Publication Requirements/2010]

21 Requirements Certifying Statement confirms that “the text is a true and complete copy thereof and includes all reservations/declarations made by the parties thereto” confirms that “the text is a true and complete copy thereof and includes all reservations/declarations made by the parties thereto” includes: includes: Full title of treaty/agreement Full title of treaty/agreement Place and date of conclusion Place and date of conclusion Date and method of entry into force for each party Date and method of entry into force for each party All authentic languages All authentic languages [Regulations to give effect to Article 102 of the Charter of the United Nations]

22 Requirements Model certifying statementfor registration or filing and recording Model certifying statement for registration or filing and recording I, THE UNDERSIGNED [name of the authority], hereby certify that the attached text is a true and complete copy of [title of the agreement, name of the Parties, date and place of conclusion], that [it includes all reservations made by Signatories or Parties thereto / no reservations or declarations or objections were made by the Signatories or Parties thereto], and that it was concluded in the following languages: [...]. I further certify that the additional copy of this Agreement contained on the diskette is a true and complete copy of [title of the agreement]. I FURTHER CERTIFY that the Agreement came into force on [date] by [method of entry into force], in accordance with [article or provision in the agreement], and that it was signed by [...] and [...]. [Place and date of signature of certifying statement] [Signature and title of certifying authority]

23Requirements Subsequent actions Multilateral treaties/agreements Multilateral treaties/agreements  Ratification/Accession  Denunciation  Amendment  Termination Bilateral treaties Bilateral treaties  Change in parties  Modification of terms/termination  Change in scope of application

24 Requirements General Assembly resolutions 53/100 of 8 Dec and 54/28 of 17 Nov Electronic copy Electronic copy CD-ROMCD-ROM Courtesy translations into any of the six official languages Courtesy translations into any of the six official languages (preferably English/French)

25 Communication by the Secretariat If requirements for registration are met:  Date of effect of registration = date of receipt by Secretariat of the complete submission  Treaty/agreement is assigned a registration number  Submitter receives a certificate of registration

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27 Communication by the Secretariat If requirements for registration are not met: If requirements for registration are not met: Submitter is requested to provide clarifications or submit missing information, for example:Submitter is requested to provide clarifications or submit missing information, for example:  Authentic language versions  Entry into force information  Missing annexes, protocols, etc.  Translations and electronic copy

28Summary Documentation complete; meets definition of “treaty” or “international agreement” under Article 102 of the Charter and the Regulations Documentation complete; meets definition of “treaty” or “international agreement” under Article 102 of the Charter and the Regulations Certifying statement correct and matches the Agreement itself Certifying statement correct and matches the Agreement itself Translations/electronic copy submitted Translations/electronic copy submitted Agreement registered and published Agreement registered and published

29 Publication of treaties and subsequent actions Mandate: Article 102 of the Charter of the United Nations Article 102 of the Charter of the United Nations Article 12 of the Regulations to give effect to Article 102 of the Charter Article 12 of the Regulations to give effect to Article 102 of the Charter - Modified by General Assembly resolutions (most recent 52/153 of 15 Dec. 1997) - Modified by General Assembly resolutions (most recent 52/153 of 15 Dec. 1997)

30 Publication Exceptions to publication in extenso  Assistance/cooperation agreements of limited scope concerning financial, commercial, administrative or technical matters  Agreements relating to the organization of conferences, seminars or meetings  Agreements that are to be published elsewhere by UN Secretariat or specialized or related agency  Lengthy lists of products attached to trade agreements  Agreements of the European Union are published only in English and French [Article 12 of the Regulations to give effect to [Article 12 of the Regulations to give effect to Article 102 of the Charter of the United Nations] Article 102 of the Charter of the United Nations]

31 Publication Monthly Statement (available on the website of the Treaty Section) Monthly Statement (available on the website of the Treaty Section) United Nations Treaty Series United Nations Treaty Series Website of the Treaty Section Website of the Treaty Sectionhttp://treaties.un.org

32 Publication: Monthly Statement Example of entry No Turkey and Syrian Arab Republic Agreement between the Government of the Republic of Turkey and the Government of the Syrian Arab Republic on international road transport of passengers and goods. Ankara, 10 May 2004 Entry into force: 15 August 2009 by signature, in accordance with article 22 Authentic text: English Registration with the Secretariat of the United Nations: Turkey, 7 April 2010

33 Publication: UN Treaty Series Texts of agreements registered and filed and recorded with the Secretariat Texts of agreements registered and filed and recorded with the Secretariat  including all integral elements, e.g. protocols, agreed minutes, attachments and maps) All languages of the registered agreements All languages of the registered agreements  Over 140 languages Translations into English and French Translations into English and French

34 Publication: UN Treaty Series Published in a single series beginning in 1946 Published in a single series beginning in 1946 UN Treaty Series is one of only two publications mandated in the Charter of the United Nations UN Treaty Series is one of only two publications mandated in the Charter of the United Nations

35 Publication Requirements for faster publication of treaties submitted for registration: Clean, legible hard copies submittedClean, legible hard copies submitted TRANSLATIONS – into English and FrenchTRANSLATIONS – into English and French Electronic text (Word, Pdf, etc.)Electronic text (Word, Pdf, etc.)

36 Publication: Website Treaty Section Treaty Section Full texts of treaties/agreements and treaty actions Full texts of treaties/agreements and treaty actions Including declarations, reservations, etc.Including declarations, reservations, etc. Search and retrieval capabilities for all treaties/agreements Search and retrieval capabilities for all treaties/agreements Facility to view, save and print the full texts Facility to view, save and print the full texts

37 Treaty Section’s website Examples of bilateral treaties by some AALCO Member States: Examples of bilateral treaties by some AALCO Member States: Agreement on the frontier line between Algeria and Tunisia from Bir Romane to the Lybian frontier (1970) Treaty between the Federal Republic of Nigeria and the Republic of Equatorial Guinea concerning their maritime boundary (2000)

38 Examples of bilateral treaties by some AALCO Member States: Examples of bilateral treaties by some AALCO Member States: Agreement on non-aggression and good neighbourliness (the Accord of Nkomati, between South Africa and Mozambique) (1984) Border Agreement between the United Arab Emirates and the Sultanate of Oman relating to the boundary sector between Umm al- Zumul and Eastern Uqaydat (1999) Treaty Section’s website

39 Treaty Section’s website Examples of bilateral treaties by some AALCO Member States: Examples of bilateral treaties by some AALCO Member States: Agreement on the demarcation of a fixed boundary between the two countries in the Naaf River (Myanmar and Pakistan) (1966) Agreement between the Government of the People’s Republic of China and the Government of the Democratic People’s Republic of Korea on the promotion and protection of investments (2005)

40 Assistance provided by the Office of Legal Affairs Legal advice and assistance on matters of treaty law and practice Legal advice and assistance on matters of treaty law and practice Training in treaty law and practice at UN Headquarters and at the regional level Training in treaty law and practice at UN Headquarters and at the regional level Individual assistance provided on specific treaty-related questions Individual assistance provided on specific treaty-related questions Reference to substantive offices and treaty bodies Reference to substantive offices and treaty bodies

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