1. REGISTRATION OBLIGATIONS OF STATES UNDER ARTICLE 102 OF THE CHARTER OF THE UNITED NATIONS AND PUBLICATIONS OF TREATIES 1 Seminar on International Treaty Law and Practice

2. Overview 2  Obligation to register treaties and international agreements  Requirements for submission of treaties and international agreements for registration  Publication of treaties and subsequent actions

3. Article 102 of the Charter of the United Nations Regulations to give effect to Article 102 of the Charter of the United Nations (General Assembly Resolution 97 (I), as modified by resolutions 364 B (IV), 482 (V) and 33/141 A) Resolution on Registration of Treaties and International Agreements (General Assembly Resolution 23 (I)) Obligation to register treaties and international agreements 3

4. Registration of Treaties in International Law  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.  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.  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 Article 18 of the Covenant of the League of Nations Article 102 of the Charter of the United Nations

5. Scope of the obligation  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.  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.  “Any subsequent action which effects a change in the parties thereto, or the terms, scope or application thereof, shall also be registered with the Secretariat”  In addition to the general desirability of ensuring the completeness of the registry, there are two justifications for registering agreements already terminated:  The first one is that an agreement, although no longer in force, may have created lasting legal situations, possibly leading to the invocation of the treaty before an organ of the United Nations (…)  The second reason is a broader one, linked to the general goal of Article 102 of the Charter, namely making international agreements public; that goal would clearly not be achieved if registration of agreements were to be waived in consideration of the latter being of a short duration or having expired. 5

6. Scope of the obligation  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.  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.  Therefore, the General Assembly instructs the Secretary-General:  (…) 3. To receive, from the Governments of non-member States, treaties and international agreements entered into both before and after the date of entry into force of the Charter, which have not been included in the League of Nations treaty series and which they may voluntarily transmit for filing and publication…  Treaties and International Agreements shall be registered ex officio by the United Nations in the following cases:  (a) Where the United Nations is a party to the treaty or agreement;  (b) Where the United Nations has been authorized by the treaty or agreement to effect registration;  (c) Where the United Nations is the depository of a multilateral treaty or agreement. 6

7. Scope of the obligation  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.  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.  Therefore, the General Assembly instructs the Secretary-General:  (…) 2. To invite the Governments of Members of the United Nations to transmit to the Secretary-General for filing and publication, treaties and international agreements entered into in recent years, but before the date of entry into force of the Charter, which had not been included in the League of Nations treaty series… 7

8. Scope of the obligation  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.  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.  “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 8

9. Scope of the obligation  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.  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. 9 UN Photo/Rick Bajornas

10. Scope of the obligation  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.  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. 10 General Assembly Security Council Economic and Social Council Trusteeship Council International Court of Justice some rights reserved: Patrick Gruban, Bernd Untiedt, Kjetil Ree, and J. Reed

11. Implications  nature of the instrument,  status of a party, or any similar question  status of a treaty/international agreement  status of a party 11 Registration does not imply a judgment by the Secretariat: Secretariat’s action/inaction does not confer or retrieve:

12. Filing and Recording 12  Agreements not subject to registration are voluntarily filed and recorded and published by the UN Secretariat, including agreements between:  United Nations and Specialized Agencies  United Nations and non-member states  Specialized Agencies and non-member states  Two or more Specialized Agencies  Two or more non-member states  Specialized Agencies and other intergovernmental organizations  Also, agreements concluded before 24 October 1945, which were not included in the treaty series of the League of Nations

13. Summary A Member State is a party Was concluded after 24 October 1945 Registration 13 Filing and recording Otherwise:

14. Definition of “Treaty” or “International Agreement” 14  Charter of the United Nations: No definition  Regulations to give effect to Article 102 (adopted by the General Assembly in 1946) Article 1:“whatever its form and descriptive name”

15. Definition of “Treaty” or “International Agreement” 15 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

16. Definition of “Treaty” or “International Agreement” 16  Treaty  Convention  Protocol  Exchange of notes/letters  Memorandum of Understanding  Minutes

17. Definition of “Treaty” or “International Agreement” 17 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

18. Definition of “Treaty” or “International Agreement” 18 Instruments which can not be registered  Mere political declaration  Agreement governed by national law

19. Treaty-making capacity 19 Capacity:  At least two parties  Sovereign States  Intergovernmental organizations

20. Summary 20  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  treaty-making capacity on international plane  intention to create obligations under international law

21. Regulations to give effect to Article 102 of the Charter of the United Nations (General Assembly Resolution 97 (I), as modified by resolutions 364 B (IV), 482 (V) and 33/141 A) Note Verbale LA 41 TR/230/Registration and Publication Requirements/2010 Treaty Handbook Requirements for submission of treaties for registration 21

22. Requirements for submission of treaties for registration 22 Who submits?  Multilateral treaty  Depositary (e.g. Secretary-General, State or other intergovernmental organization)  Bilateral treaty:  Either State For UN Member States: Submission through Permanent Missions in New York

23. Requirements for submission of treaties for registration 23 What is submitted – Multilateral treaty? Certified true copy of treaty/agreement All authentic text(s) All attachments (annexes, minutes, proces-verbales, etc.) constituting an integral part of the treaty Parties to the treaty Date of deposit of the instrument with the depositary Date of entry into force Subsequent actions (e.g., reservations, declarations) Two additional copies or one electronic copy (CD-Rom) Translations into English and/or French (if available) [see Note Verbale LA 41 TR/230/Registration and Publication Requirements/2010]

24. Requirements for submission of treaties for registration 24 What is submitted – Bilateral treaty? Certified true copy of treaty/agreement All authentic text(s) All attachments (annexes, minutes, proces-verbales, etc.) constituting an integral part of the treaty Subsequent instruments (e.g., amendments) Two additional copies or one electronic copy (CD-Rom) Translations into English and/or French (if available) [see Note Verbale LA 41 TR/230/Registration and Publication Requirements/2010]

25. Requirements for submission of treaties for registration 25 Certifying Statement  confirms that “the text is a true and complete copy thereof and includes all reservations/declarations made by the parties thereto”  includes: Full title of treaty/agreement Place and date of conclusion Date and method of entry into force for each party All authentic languages [Regulations to give effect to Article 102 of the Charter of the United Nations]

26. Requirements for submission of treaties for registration 26 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]

27. Requirements for submission of treaties for registration 27  Are there other agreements invoked in the agreement to be submitted?  Search on the UN Treaty Series website  If invoked agreements are already registered, submit the original agreement  If not registered, submit the invoked agreements together with the original agreement

28. Requirements for submission of treaties for registration 28 Subsequent actions  Multilateral treaties/agreements  Ratification/Accession  Denunciation  Amendment  Termination  Bilateral treaties  Change in parties  Modification of terms/termination  Change in scope of application

29. Communication by the Secretariat 29 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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31. Communication by the Secretariat 31 If requirements for registration are not met:  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

32. Publication 32 Requirements for faster publication of treaties submitted for registration:  Clean, legible hard copies submitted  Translations – into English and French  Electronic text (Word, Pdf, etc.)

33. Summary 33 Meets definition of “treaty” or “international agreement” The complete text, in all authentic languages is attached Certifying statement is attached and matches the agreement itself Translations/ electronic copy submitted Agreement registered and published

34. Article 102 of the Charter of the United Nations Regulations to give effect to Article 102 of the Charter Publication of treaties and subsequent actions 34

35. Publication 35 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 102 of the Charter of the United Nations]

36. Publication 36  Monthly Statement (available on the website of the Treaty Section)  United Nations Treaty Series  Website of the Treaty Section http://treaties.un.org

37. Publication: Monthly Statement 37 Example of entry No. 47355. 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

38. Publication: UN Treaty Series  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  Over 140 languages  Translations into English and French 38

39. Publication: UN Treaty Series 39  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

40. Publication: Website 40 Treaty Section  Full texts of treaties/agreements and treaty actions  Including declarations, reservations, etc.  Search and retrieval capabilities for all treaties/agreements  Facility to view, save and print the full texts