1. 1 Introduction to the Law of Treaties: Contribution of the Treaty Section

2. Treaties in international law Article 38(1) of the Statute of the International Court of Justice The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2

3. Treaties and the rule of law  “… to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained…” (Preamble of the Charter of the United Nations)  Participation in the international treaty framework is key to achieve “an international order based on the rule of law”, which is an indispensable foundation for a more peaceful, prosperous and just world (see GA Res. 67/1) 3

4. 4 The law of treaties The law of treaties governs: Conclusion and entry into force of treaties, including reservations to treaties Conclusion and entry into force of treaties, including reservations to treaties Observance, application and interpretation of treaties Observance, application and interpretation of treaties Amendment and modification of treaties Amendment and modification of treaties Invalidity, termination and suspension of operation of treaties Invalidity, termination and suspension of operation of treaties Role of the depositary of multilateral treaties Role of the depositary of multilateral treaties Some key principles of the law of treaties: The principle of consent of States parties The principle of consent of States parties The principle “pacta sunt servanda” The principle “pacta sunt servanda”

5. The codification of the law of treaties Traditionally, the law of treaties was governed by rules of customary international law. The United Nations has codified the law of treaties: 1969 Vienna Convention on the Law of Treaties 1969 Vienna Convention on the Law of Treaties 1978 Convention on Succession of States in Respect of Treaties 1978 Convention on Succession of States in Respect of Treaties 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (not in force) 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (not in force) Ongoing codification of the law of treaties: Reservations to treaties (Guide to Practice) Reservations to treaties (Guide to Practice) Effects of armed conflicts on treaties Effects of armed conflicts on treaties Subsequent agreements and subsequent practice in relation to the interpretation of treaties Subsequent agreements and subsequent practice in relation to the interpretation of treaties Provisional application of treaties Provisional application of treaties 5

6. 6 An international agreement is:   Concluded between States or international organizations   In written form   Governed by international law It does not matter:   Whether the treaty is embodied in a single instrument or in two or more related instruments and whatever its particular designation   How the treaty is designated by the Parties [See art. 2(1)(a)) 1969 Vienna Convention; art. 2(1)(a) 1986 Vienna Convention] What is a “Treaty”?

7. 7 Dichotomies in the Vienna Convention The Vienna Convention governs the law of all treaties. Some dichotomies: Classical treaty-making / new forms of treaty-making Classical treaty-making / new forms of treaty-making Bilateral treaties / multilateral treaties Bilateral treaties / multilateral treaties Stability of treaties / dynamism of treaties Stability of treaties / dynamism of treaties Disposable rules / Jus cogens Disposable rules / Jus cogens

8. 8 What does the Treaty Section do?  Registration and publication of treaties under Article 102 of the Charter of the United Nations  Discharge of the depositary functions of the Secretary- General under more than 550 multilateral conventions

9. 9 Registration and publication of treaties: Article 102 of the Charter 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. 10 Registration and publication of treaties (2) Member States have an obligation to register treaties. What should be registered?  Every treaty or international agreement  Any subsequent action which effects a change in the parties or the terms, scope or application of the treaty Who should register?  Member States  Depositaries  International organizations What is the consequence of non registration?  The treaty may not be invoked before any organ of the UN.

11. 11 Depositary Functions The Depositary : Keeps custody of the original of the treaty and of full powers Prepares certified copiesReceives and keeps custody of signatures and any instrumentsExamines whether signatures and instruments are in due and proper form Informs States of any actions relating to the treaty Informs States of the entry into force of the treaty Registers the treaty with the Secretariat of the United Nations;Performs other functions specified in the treaty

12. 12 What can the Section do for you?  Informal advice relating to registration and depositary matters  Technical assistance relating to treaty law, particularly in the preparation of final clauses  Regional seminars in treaty law and practice  Annual treaty event  Publications  Website (http://treaties.un.org)

13. 13 Publications of the Treaty Section Recurrent publications:  United Nations Treaty Series  Monthly Statements of Treaties and International Agreements Other publications:  Summary of practice of the Secretary-General as depositary of multilateral treaties  Treaty Handbook  Handbook of Final Clauses  Treaty Event Focus books

14. 14 The United Nations Treaty Collection http://treaties.un.org/ Content:  Status of multilateral treaties deposited with the Secretary- General  Depositary notifications  United Nations Treaty Series and advance copies of treaties deposited with the Secretariat  Full content of all publications of the Treaty Section  General information relating to activities of the Treaty Section, including regional seminars and treaty events  Information about treaty actions, including pictures of ceremonies Services:  Automated subscription services  Online queries

15. 15 Copyright Copyright 2014 by the United Nations. 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 2014 by the United Nations. 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.