1. The Registration & Publication of Treaties By Palitha T.B. Kohona Vientiane, 7 - 9 October 2003

2. n Why are Treaties registered and published? –Article 102 of the UN Charter n All treaties concluded by Member States are required to be submitted for registration. n The Secretariat is obliged to publish them. –Regulations to Give Effect to Article 102 n Last revised in 1979 n Indirectly modified by a General Assembly Resolution in 1998 n Guides the registration and publication processes

3. –Article 1 of the Regulations requires the Secretariat to publish registered treaties in: n one single series, n original languages, and n with translations in English and French. –This is a major problem, since translations take a long time. n Since 1950, the United Nations has recognised this problem –General Assembly resolutions n Only treaties that have entered into force are registered. –Applies to both bilateral and multilateral treaties. –The treaties cover every conceivable aspect of international relations: n Environment, refugees, human rights, disarmament, commodities, consular relations, financial and technical assistance, law of the sea, etc. n They form a comprehensive network of treaty-based norms of behavior for the international community.

4. Countries which have joined the international community recently have been enthusiastic about concluding treaties. Countries which have joined the international community recently have been enthusiastic about concluding treaties. Number of countries in the international community has increased. Number of countries in the international community has increased. E.g.: countries which broke away from the former Soviet Union, Yugoslavia E.g.: countries which broke away from the former Soviet Union, Yugoslavia There has also been an increase in international law making in recent years. There has also been an increase in international law making in recent years. E.g.: multilateral conventions on the environment, human rights, disarmament, humanitarian issues, etc. E.g.: multilateral conventions on the environment, human rights, disarmament, humanitarian issues, etc. Result in the need to registermultilateral treaty actions related to these treaties. Result in the need to register multilateral treaty actions related to these treaties. Increasing awareness of the need to register treaties. Increasing awareness of the need to register treaties. The Legal Counsel circulates a note at the beginning of each year. The Legal Counsel circulates a note at the beginning of each year.

5. n Broad definition adopted by the Secretariat of the term "treaties or international agreements". –A key reason for the high number of registrations. –Characterisation adopted by the negotiating parties is not the determining factor. –Secretariat examines each instrument submitted to ensure it meets the essential criteria for registration. –All subsequent actions are required to be registered. –Over 2750 treaties and subsequent actions are registered annually.

6. –Pursuant to Article 102 and the Regulations, the United Nations Treaty Series (UNTS) has been published continuously since 1946. n Like the League of Nations Treaty Series. n It contains over 50,000 treaties, and a similar number of related actions. n There are over 2100 printed volumes, in 142+ languages, and over 1,000,000 pages.

7. n Woodrow Wilson’s dream: –Eliminating secret diplomacy and advancing the cause of peace. n League of Nations Covenant (Article 18) –It stated that no treaty would be binding unless registered. –Article 102 in the UN Charter continues the tradition of the Covenant - but the sanction for non-registration is not clear.

8. n According to Article 102: –a non-registered treaty cannot be invoked before a UN body, including the International Court of Justice (ICJ) n Accordingly, border agreements are registered faithfully. n However, not all member states register their treaties. –Mostly, a question of resources n especially in developing countries n also defense and security agreements

9. n Does the UN need to publish all registered treaties? –YES –The UNTS is also one of the TWO documents required to be published under the Charter. –Except for treaties falling under the policy: Art. 12 of Regulations. n Given the large number of treaties submitted, and n The cost of publication; n The value of publication to Member States; n Considering that some treaties are published by other agencies and organisations (e.g. EU treaties are published by the European union); n Taking into account the object and purpose of Article 102; n Some treaties which are registered are not published. –E.g., bilateral treaties of a purely technical character.

10. n In 1996, the GA endorsed the programme of work through its resolution on the “Electronic Treaty Database”. –Requested “… the SG to provide all necessary assistance, including translation services, to implement the plan to eliminate the historical backlog”. –Section has had to deal with a range of major challenges, including securing necessary financial resources.

11. n At the beginning of 2002, the time lag between the submission of a treaty for registration and its publication in the UNTS was about two years, –Having been reduced from over 11 years in 1997. The current goal is to eliminate this backlog by 2003. –In 1996, a plan was adopted by the Treaty Section to bring its publications up to date. –A simple technological solution to the problem did not exist. –A combination of managerial and technological innovations was used. –The human dimension was critical.

12. n New work methods were introduced –Working in teams. –Work became goal oriented. –Technology was made an essential tool - Major electronic database was established. –Material in paper format is scanned and electronically recorded. –Desktop publishing has resulted in an annual saving of approximately $500,000. –Technical training was made a priority and advanced computer training was provided.

13. n S-G is designated as Depositary of many multilateral treaties. n He is not obligated to accept this role but normally does. For example, where –It is an open multilateral treaty of a universal nature; –It has been adopted by the General Assembly; –Concluded by a conference convened by a UN organ; –Regional treaties drawn up within the framework of the regional conventions n Over 500 multilateral treaties are deposited with the S-G.

14. n Secretariat publishes “The Multilateral Treaties Deposited with the Secretary-General”. n An annual publication of over 1,000 printed pages. n The most comprehensive collection of this type in the world. n Provides details on the status of the multilateral treaties deposited with the S-G. –signatures, ratifications, declarations, reservations, etc. n Now available on the Internet at http://untreaty.un.org http://untreaty.un.org –Updated daily. –The S-G depositary notifications are sent daily by e-mail, in addition to the hard copies.

15. –These provides a comprehensive network of legal norms affecting international behavior. n Some treaties have significant implications for individuals and communities. n And business activities of corporations. n The S-G provides advice and assistance relating to the conclusion of such treaties and interpretations - particularly on final clauses. n The S-G is responsible for ensuring the proper execution of all treaty actions relating to a treaty; n Guided in the performance of the depositary functions by the following: –Article 77 of the VCLT, 1969; –Provisions of the relevant treaty (final clauses); –The practice of the S-G as depositary (Summary of Practice of the S-G as Depositary); –Resolutions of the GA and other UN organs; –Customary international law

16. –The Secretary-General is given numerous administrative functions under these multilateral conventions as well. n E.g., collect information, arrange meetings of the parties, make reports, dispatch study groups and arrange meetings, etc. n However, he is not disposed to being allocated such functions in his capacity as depositary

17. n In 2000, the Millennium Year, a campaign to encourage wider participation in the multilateral treaties deposited with the SG. –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. n The Millennium Summit Treaty Event proved to be a major success. –decided to hold such an event each year.

18. n In 2001, a treaty event entitled, Focus 2001 - Rights of Women and Children n In response to the terrorist attacks on the US, a treaty event focused on terrorism related treaties in November 2001. –Treaty Event - Terrorism Related Treaties n This year, Focus 2002 - Sustainable Development was organised to coincide with the WSSD. n In 2003 - organised crime will be the focus.

19. n Assistance will be provided to countries to become party to treaties. i.e., to sign and ratify, accede to or undertake other treaty actions. –Secretariat has prepared a treaty handbook to provide guidance to countries to undertake treaty actions. –Document available in English and French, including on the Internet. –The Handbook is being supplemented with training sessions for legal officers assisting governments and others. –Three training sessions have been conducted so far in New York.

20. n Currently, only volumes of the UNTS published in hard copy are made available on the Internet. –Over 2100 volumes have been published in hard copy; –About 1900 volumes are available on the Internet; –In the future, all registered treaties will be available on the Internet. n By the end of 2003, over 2000 volumes will be available on the Internet. n Over 800,000 hits on the web site per month. n Fee-based service for certain categories of users –However, it is free for Missions, capitals, and members of the UN family, NGOs and developing countries.

21. 1. The dissemination of international law n Treaties are the main source of international law. n They provide the key foundation for the development of the international rule of law. n They can be used as precedents n Contribute to the development of international legal norms.

22. 2. Removing the mystique surrounding international treaties. n They become accessible to a wider audience. –Facilitate more informed discussions. n This is particularly important today with international treaties making an impact on the lives of ordinary people. –E.g., environmental treaties, human rights treaties, ILO conventions –It could even be described as an important step in the democratisation of treaty making. n Increase transparency – a key objective of Art. 102.

23. 3.Greater access to and greater impact on the lives of people. n The increase in treaty making, especially multilateral treaties, has in turn encouraged non-state entities such as NGO’s to get more involved in treaty making and implementation. n Assist in the further democratisation of the international law making processes n Contribute to better implementation of treaties since Individuals and NGOs play an increasingly proactive role in the implementation of treaty obligations. n The UN Treaty Collection on the Internet is accessed over 1,000,000 times in some months. n Available free of charge to NGOs and users from developing countries in addition to governments.

24. n The Secretary-General has observed, "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". Furthermore, he said, "The new millennium is an appropriate occasion to reaffirm the primary objectives of our Organisation and focus on them anew. Establishing the rule of law in international affairs is a central priority".

25. n Copyright 2003 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.