1. International Treaty Law: The Role of the Office of Legal Affairs, the Sixth Committee and the International Law Commission Capacity-building Workshop Monrovia, Liberia July 2006 Mr. Bradford Smith, Legal Officer Treaty Section, Office of Legal Affairs, UN HQ

2. Overview Brief Overview of Office of Legal Affairs
Contributions of the Treaty Section
Sixth Committee
International Law Commission

3. LOUIS HENKIN
“Every nation derives some benefits from international agreements. Law keeps international society running, contributes to order and stability, provides a basis and a framework for common enterprise and mutual intercourse. Because it limits the actions of other governments, law enhances each nation’s independence and security; in other ways, too, by general law or particular agreement, one nation gets others to behave as it desires.”
In the next hour or so, I will explore the contributions that the Office of Legal Affairs, in particular the Treaty Section, has made to realize this objective. I will also touch upon the roles of the Sixth Committee and the International Law Commission in this regard.
Professor at Columbia University in NY.

4. United Nations Office of Legal Affairs
Office of the Legal Counsel (OLC)
General Legal Division (GLD)
Codification Division (COD)
Division for Ocean Affairs and the Law of the Sea (DOALOS)
International Trade Law Division (ITLD)
Treaty Section (TREATY)
OLA is headed by Mr. Nicolas Michel, Under-Secretary-General
With an Assistant Secretary-General as deputy, Mr. Larry Johnson
160 staff members
Biennial budget is estimated at US$ 36 million
Established in 1946 by GA resolution

5. Office of the Legal Counsel (OLC)
OLC assists the Legal Counsel in the overall management of OLA and in the coordination of legal advice and services to the UN as a whole.
Prepares legal opinions on interpretation of Charter, interpretation and drafting of rules of international public law, UN resolutions and regulations.
Prepares agreements and legal instruments regulating relations of UN with Member States, intergovernmental organizations, NGOs and other legal entities.
Handles legal aspects relating to peacekeeping and other UN operations.
Prepares draft rules of procedure and advises UN organs and conferences on the conduct of business.

6. General Legal Division (GLD)
Prepares legal opinions and advice on the administrative law of the UN, on international private law and on UN resolutions and regulations relating to such matters.
Provides legal advice to UN programmes and funds in connection with operational activities in economic and social fields.
Provides legal advice on procurement, the drafting and negotiating of contracts and other commercial matters.
Provides legal advice on legislative and operational arrangements governing staffing, supply and provisioning of peacekeeping, observer and humanitarian missions.

7. Codification Division (COD)
Assists and provide secretariat and legal research services to the Sixth Committee of the GA, the International Law Commission (ILC) and other organs of the UN, including diplomatic conferences, in the codification and development of international law.
Prepares analytical papers, background studies and drafts of international conventions.
Prepares publications and disseminates information on international law.

8. International Trade Law Division (ITLD)
Provides secretariat and legal research services to UN Commission on International Trade Law (UNCITRAL).
Assists UN organs, bodies and conferences in matters relating to international trade law.
Collects and disseminates information on international trade law.
Provides training and assistance and supports technical cooperation activities.
UNCITRAL – Established by GA to promote the progressive harmonisation and unification of international trade law. It has 60 members. Seats are distributed to ensure georgra[phic balance. Africa has 14 members. Members States are elected for a term of six years.

9. Division for Ocean Affairs and the Law of the Sea (DOALOS)
Provides legal and technical services to States and international organizations relating to UNCLOS and related treaties.
Services the GA on law of the sea issues, the Meeting of the States Parties to the Convention and Commission on Limits of Continental Shelf.
Provides training and technical assistance.

10. The Treaty Section
Responsible for the registration and publication of treaties under Article 102 of the Charter.
Discharges the depositary functions of the S-G.
Provides advice and information on treaty law and the depositary practice of the S-G.
Collaborates on the drafting of final clauses of treaties concluded under the auspices of the UN.
Provides training.

11. The S-G’s Thoughts The Secretary-General (S-G) observed in 2000:
"The expansion of the rule of law in international relations has been the foundation of much of the political, social and economic progress achieved in recent years. Undoubtedly, it will facilitate further progress in the new millennium.”
"The new millennium is an appropriate occasion to reaffirm the primary objectives of our Organization and focus on them anew. Establishing the rule of law in international affairs is a central priority.”
What contribution does the TS play in this regard?

12. Registration Treaty Section mandates:
Article 102 of UN Charter requires all Member States to register their treaties and agreements after their entry into force
This is a mandatory obligation;
Treaty Section receives analyzes, processes, registers and records treaties and publishes the Monthly Statement of Treaties in hard copy and on the Internet;
Contributes towards transparency in international relations;
Treaty Section registers approximately 4000 treaties and related actions annually (ratifications, declarations, reservations, territorial extensions, etc.).

13. Increase in Registration
There are a number of reasons for this:
New Countries which have joined the international community recently have been enthusiastic about concluding treaties;
Increase in international law-making in the last 15 years;
Certain special international developments;
Increasing awareness of the need to register treaties.
1. In 1945, there were 51 Member States- today, 192.
Number of countries in the international community has increased:
Decolonization process in the 50s and the 60s.
Countries which broke away from the former Soviet Union/ Eastern bloc countries (post-1989), former Yugoslavia, etc.
E.g.: multilateral conventions on the environment, human rights, disarmament, humanitarian issues, terrorism, etc.
3. Return of Hong Kong and Macao to China, readmission of Fed. Rep. of Yugoslavia to the UN. Now succession by Montenegro.
4. The Legal Counsel circulates a note at the beginning of each year. Trainings provided at HQs and in regions.

14. Publication
All registered treaties must be published in United Nations Treaty Series (UNTS);
The mandate to publish all registered treaties is found in Article 102 of the Charter;
The UNTS has been published continuously since 1946:
It contains over 50,000 treaties, and a similar number of related actions;
There are over 2,200 printed volumes, in 142+ languages, and over 1,000,000 pages.
All published volumes are available on the Internet at

15. Objectives of Publication
Encourages the dissemination of international law;
Removes mystique surrounding treaties;
Encourages the participation of civil society.
1. Treaties are the main source of international law;
They provide the key foundation for the development of the international rule of law;
They serve as precedents and contribute to the development of legal principles.
You do not need to invent the wheel when negotiating a new treaty.
Can use an existing precedent.
Legal principles develop when the same concept goes repeatedly into different treaties.
E.g. the concept of fair, equitable and prompt compensation for expropriated property.
Repeatedly used in bilateral investment protection agreements.
2. Treaties used to be concluded in distant capitals with pomp and pageantry;
Now accessible to a wider audience;
Particularly as a result of publishing on the Internet;
Wider access important, given the impact on the lives of ordinary people:
E.g., environmental treaties, human rights treaties, ILO conventions.
May be seen also as an important step in the democratisation of treaty-making.
Increase transparency – a key objective of Article 102.
3. The increase in treaty-making, especially multilateral treaties, has in turn encouraged non-state entities such as NGOs and individuals to play a more proactive role in the negotiation of treaties and implementation of treaty obligations;
- wider access is a great benefit to them.
- Participation from a better informed background
Assists in the further democratisation of international law-making processes.

16. Justice Sandra Day O’Connor said:
“International law stemming from these various sources is at last a concern for the lawyer counseling her client on issues ranging from commerce, to the environment to family law, to human rights, to immigration, to intellectual property. International law is no longer an issue only for diplomats and trade lawyers. With increasing globalization, international law affects business and litigation decisions across the board. And lawyers, in their role as counselors, must recognize potential international law issues even when they show up in unexpected contexts.”

17. Depositary Functions
Treaty Section discharges the functions of the S-G as Depositary of over 500 multilateral treaties:
S-G not obligated to accept role but usually will for:
Open multilateral treaties of a universal nature;
Treaties adopted by the General Assembly;
Treaties concluded by a conference convened by a UN organ;
Regional treaties drawn up within the framework of the regional commissions.

18. S-G’s Role as Depositary
The S-G is responsible for preparing the originals of treaties and the certified true copies thereof;
The S-G is responsible for ensuring the proper execution of all treaty actions relating to a treaty (e.g., signature, ratification, accession, etc.) and is guided by:
Article 77 of the VCLT 1969;
Provisions of the relevant treaty (final clauses);
His practice which pre-dates the VCLT and has evolved since (Summary of Practice);
Resolutions of the GA and other UN organs;
Customary international law.
The S-G provides advice and assistance relating to the conclusion of treaties, particularly their final clauses;
The S-G also provides advice and information on international treaty law, the depositary practice of the S-G, and provides interpretations of final clauses.
It is not necessary to list depositary functions in a treaty- they are listed in Art.77;
- This is why he insists on clearing final clauses in all Treaties.

19. Treaty Events “Encouraging Wider Participation”
In 2000, the Millennium Year, a campaign was launched to encourage wider participation in the multilateral treaties deposited with the S-G:
The Millennium Summit Treaty Event:
Very successful treaty actions by 84 States, mostly by heads of State and Government.
S-G decided to hold such an event each year.
A key awareness-raising effort;
Many treaties negotiated with meticulous care and adopted with great enthusiasm had, after many years, not achieved universal participation;
Some, not even in force.

20. Treaty Events Since then: Focus 2001 - Rights of Women and Children;
Focus Sustainable Development
Focus Treaties Against Transnational Organized Crime and Terrorism;
Focus 2004 – Protection of Civilians;
Focus 2005 – Responding to Global Challenges (Liberia undertook 83 treaty actions).

21. Trainings and Technical Assistance
Assistance provided to countries to become party to treaties consistent with the SG’s commitment (signature, ratification/accession, etc.).
TS published Treaty Handbook to assist States in registering treaties and becoming party (available in all UN official languages);
Handbook on Final Clauses is also available in all UN official languages;
These Handbooks are supplemented with training sessions for legal officers assisting governments and others:
Annual trainings are conducted at UN HQ in Spring and Fall;
Regional trainings (Laos, ASEAN, CARICOM, Vietnam, Geneva, Hague, North Korea and now Liberia);

22. Publications on the Internet (http://untreaty.un.org)
Multilateral Treaties Deposited with the Secretary-General
United Nations Treaty Series
League of Nations Treaty Series
Depositary Notifications (CNs)
Certified True Copies of treaties deposited
with S-G
Summary of Practice of the Secretary-General as Depositary
Treaty Handbook
Handbook of Final Clauses
Monthly Statement of Treaties and International Agreements
UNTC on Internet received over 2 million hits in April and May.
Multilateral Treaties Deposited with the S-G is an annual publication of over 1,000 printed pages (also in CD-Rom):
The most comprehensive collection in the world;
Details the status of the multilateral treaties deposited with the S-G:
Signatures, ratifications, declarations, reservations, etc.
Internet version updated daily.
Depositary Notifications (CNs):
Sent daily in hard copy and by .
Certified True Copies
Available on the Internet at
Monthly Statement: Available on the website within a month after the registration month.
This publication includes treaty reference information such as the name of the treaty, the parties, the entry into force information, etc.

23. Sixth Committee (Legal)
One of the Main Committees of the GA;
All UN Members have right to be represented;
Elects its own officers;
Decisions are made by a majority of the members present and voting, a majority of the committee constituting a quorum.
First Committee (Disarmament and International Security)
Second Committee (Economic and Financial)
Third Committee (Social, Humanitarian and Cultural)
Fourth Committee (Special Political and Decolonization Committee)
Fifth Committee (Administrative and Budgetary)
Sixth Committee (Legal)

24. Sixth Committee Agenda Items
Current agenda items include, for example:
UN Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law;
Report of the UN Commission on International Trade Law on the work of its thirty-eighth session;
Measures to eliminate international terrorism;
Scope of legal protection under the Convention on the Safety of UN and Associated Personnel;
Report of the International Law Commission on the work of its fifty-seventh session.

25. Sixth Committee Considers agenda items referred by the GA;
Adopts its own priorities and establishes a programme of work;
Meets as necessary and establishes Working Groups;
Working Groups report to the Committee;
Committee may then prepare recommendations and draft resolutions for submission to GA:
To continue to elaborate a particular convention;
To continue its efforts to resolve outstanding issues;
To adopt a particular draft treaty.

26. Recent treaties adopted by Sixth Committee/General Assembly
Convention on Safety of UN and Associated Personnel, 1994;
Convention on the Law of Non-Navigational Uses of International Watercourses, 1997;
International Convention for the Suppression of Terrorist Bombings, 1997;
International Convention for the Suppression of the Financing of Terrorism, 1999;
UN Convention on the Jurisdictional Immunities of States and Their Property, 2005;
International Convention for the Suppression of Acts of Nuclear Terrorism, 2005.

27. International Law Commission Background
Established by the GA in 1947;
Promotes the progressive development of international law and its codification;
34 members elected by GA for five year terms;
Meets annually;
Members serve in individual capacity (not as representatives of their Governments);
Members must have recognized competence in international law;
Commission members represent the principal world legal systems (geographic representation ensured);
Professor Alain Pellet, Special Rapporteur
Progressive development refers to the preparation of draft conventions on subjects which have not yet been regulated by international law or where the law has not yet been sufficiently developed by State practice.
Codification refers to the more precise formulation and systematization of rules of international law in field where there already has been extensive State practice, precedent and doctrine.
Prof. Pellet is one of the most distinguished French experts on international law. He has been an advisor to the French Government for many years. He is one of the most active practitioners before the International Court of Justice as a Counsel. He has been a member of the ILC since 1990.

28. International Law Commission Article 13(1) of UN Charter
Governments drafting the UN Charter were opposed to conferring on the UN legislative power to enact binding rules of international law;
However, strong support for conferring on the GA the more limited powers of study and recommendation, which led to the adoption of article 13(1) of the Charter:
The General Assembly shall initiate studies and make recommendations for the purpose of: a) …encouraging the progressive development of international law and its codification.
To discharge its responsibility under article 13, the GA established the ILC.

29. International Law Commission Programme of Work
Programme of work adopted in 1949 (14 topics) continues to constitute the ILC’s basic long-term programme of work;
Since 1949, the ILC has submitted final drafts or reports with respect to 10 of these topics;
Numerous topics referred to ILC by GA over the years.

30. Items considered at 60th Session
Shared natural resources
Effects of armed conflicts on treaties
Responsibility of international organizations
Diplomatic protection
Expulsion of aliens
Unilateral acts of States
Reservations to treaties
Fragmentation of international law
International liability in case of loss from transboundary harm arising out of hazardous activities

31. International Law Commission Role of Governments
Governments play an important role at every stage of the ILC’s programme of work by:
Providing information to ILC on items included in the plan of work,
Commenting on documents containing drafts, supporting materials and information supplied by Governments, which are taken into consideration by ILC in its final drafts,
Comments made during the annual debates of the Sixth Committee on the ILC’s report to the GA are also taken into consideration
After the ILC has submitted its final draft to the GA on a topic, the GA normally requests comments of Governments on the draft. Such comments are then considered by the Sixth Committee.

32. International Law Commission Relationship with Sixth Committee
ILC submits to the GA a report on the work done at each session;
Sixth Committee annually considers the ILC’s reports;
GA, usually on the recommendation of Sixth Committee, has:
Requested ILC to study a number of topics or to give priority to certain topics;
Rejected or deferred action in respect of certain drafts and recommendations of the ILC;
Decided to convoke diplomatic conferences to study and adopt draft conventions prepared by ILC, and;
Decided to consider and adopt draft conventions prepared by the ILC.

33. International Law Commission Relationship with Other Bodies
ILC also maintains close relationships with other bodies, including:
Principal organs of UN other than the GA;
Specialized Agencies;
Official bodies established by intergovernmental agreement (Pan American Union);
Inter-American Juridical Committee;
Asian-African Legal Consultative Committee;
European Community on Legal Cooperation; and
Arab Commission on International Law.
Principal Organs: ICJ, ECOSOC, Security Council.

34. Since 1949 the ILC has submitted final drafts/reports on:
Regime of High Seas
Regime of Territorial Waters
Nationality, including statelessness
Law of treaties
Diplomatic relations and immunities
Consular relations and immunities
Arbitral procedure
Succession of States in respect of treaties
Succession of States in respect of matters other than treaties
Jurisdictional immunities of States and their property

35. ILC Reports Resulting in Key Treaties
Rome Statute of International Criminal Court, 1998
Vienna Convention on Diplomatic Relations, 1961
Vienna Convention on the Law of Treaties, 1969
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973
Rome Statute: Creates a permanent court on most serious crimes against humanity
Diplomatic Relations: Defines conduct/standards of diplomatic relations
VCLT: Codifies treaty law
Internationally Protected Persons: Provides a minimum standard of protection to State and IGO officials.

36. Copyright Notice
Copyright 2004 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.