1. Participation in Multilateral Treaties Deposited with the UN Secretary-General Ms. Dina Hamdy, Legal Officer Treaty Section Office of Legal Affairs

2. SG is designated as Depositary of over 500 multilateral treaties SG is designated as Depositary of over 500 multilateral treaties SG not obligated to accept role but usually will for: SG not obligated to accept role but usually will for: Open multilateral treaties of worldwide interest Open multilateral treaties of worldwide interest Treaties adopted by the General Assembly Treaties adopted by the General Assembly Treaties concluded by a conference convened by a UN organ Treaties concluded by a conference convened by a UN organ Regional treaties drawn up within the framework of the regional commissions Regional treaties drawn up within the framework of the regional commissions Depositary Mandate: The Treaty Section carries out the Secretary General’s Role as Depositary

3. 3 The SG is responsible for ensuring the proper execution of all treaty actions relating to a treaty and is guided by: The SG is responsible for ensuring the proper execution of all treaty actions relating to a treaty and is guided by: Article 77 of the VCLT 1969 Article 77 of the VCLT 1969 - It is not necessary to list depositary functions in a treaty: they are listed in Art.77 - Final clauses in should be submitted to TS for clearance The provisions of the relevant treaty (final clauses) The provisions of the relevant treaty (final clauses) The practice of the SG which predates the VCLT and has evolved since (Summary of Practice) The practice of the SG which predates the VCLT and has evolved since (Summary of Practice) Resolutions of the GA and other UN organs Resolutions of the GA and other UN organs Customary international law Customary international law The SG provides advice and assistance relating to the conclusion of treaties, particularly their final clauses The SG provides advice and assistance relating to the conclusion of treaties, particularly their final clauses The SG also provides interpretations of final clauses The SG also provides interpretations of final clauses Secretary General’s Role as Depositary

4. 4 Treaty Actions Signature Consent to be bound Signature Consent to be bound Referred to as “Simple Signature” subject to ratification, acceptance or approval Referred to as “Simple Signature” subject to ratification, acceptance or approval Definitive Signature Definitive Signature Accession Accession Declarations, Reservations, Notifications Declarations, Reservations, Notifications Deposit of Instruments Deposit of Instruments

5. 5 Signature When? When? What States and entities can sign? Are there limits on participation (regional commission members, etc.)? What States and entities can sign? Are there limits on participation (regional commission members, etc.)? Who can sign on behalf of a State? Who can sign on behalf of a State?

6. 6 Signature Who can sign on behalf of a State? Head of State Head of State Head of Government Head of Government Minister for Foreign Affairs Minister for Foreign Affairs Acting or Ad Interim Head of State or Government or Minister for Foreign Affairs Acting or Ad Interim Head of State or Government or Minister for Foreign Affairs

7. 7 Signature Full Powers All other representatives wishing to sign treaties must be in possession of FULL POWERS

8. 8 Signature Requirements for full powers A valid instrument of full powers must contain the following elements: A valid instrument of full powers must contain the following elements: Authorize signature Authorize signature Identify the treaty specifically Identify the treaty specifically Specify full name and title of individual authorized to sign Specify full name and title of individual authorized to sign Issued and signed by Head of State or Government or MFA or by a person exercising the power of one of the three authorities ad interim; Issued and signed by Head of State or Government or MFA or by a person exercising the power of one of the three authorities ad interim; Dated Dated

9. 9 Signature Venue Signature Venue Appointment for signature in the Treaty Section Appointment for signature in the Treaty Section Facsimile No: 1 (212) 963-3693 Facsimile No: 1 (212) 963-3693 Phone No: 1 (212) 963-5047 Phone No: 1 (212) 963-5047

10. 10 Signature Annual Treaty Events Millennium Summit (2000) Focus 2001: Women and Children Treaty Event: Multilateral Treaties on Terrorism (10 to 16 November 2001) Focus 2002: Sustainable Development Focus 2003: Treaties Against Transnational Organized Crime and Terrorism Focus 2004: Treaties on the Protection of Civilians Focus 2005: Responding to Global Challenges Focus 2006: Crossing Borders Focus 2007: Towards Universal Participation and Implementation Treaty Event 2008: Dignity and Justice for All of Us Treaty Events 2009 and 2010: Towards Universal Participation and Implementation

11. 11 Simple Signature Legal Implications Simple signature means signature which is subject to ratification. Simple signature means signature which is subject to ratification. No positive legal obligations under the treaty upon signature. No positive legal obligations under the treaty upon signature. Indicates a State’s intention to take steps to express its consent to be bound. Indicates a State’s intention to take steps to express its consent to be bound. Creates an obligation in the period between signature and ratification/acceptance/approval to refrain in good faith from acts that would be contrary to the object and purpose of a treaty. Creates an obligation in the period between signature and ratification/acceptance/approval to refrain in good faith from acts that would be contrary to the object and purpose of a treaty.

12. 12 Signature Review Is the treaty open for signature? Is the treaty open for signature? Does the treaty allow your State to sign? Does the treaty allow your State to sign? Who will sign? Who will sign? Are full powers required? Are full powers required? Appointment for signature. Appointment for signature.

13. 13 Signature Problem 1 Your Government would like to sign the International Convention for the Protection of all Persons from Enforced Disappearance. You have been presented with draft full powers for review. What do you advise? Your Government would like to sign the International Convention for the Protection of all Persons from Enforced Disappearance. You have been presented with draft full powers for review. What do you advise?

14. 14 Signature Model Instrument of Full Powers Full Powers (To be signed by the Head of State, Head of Government or Minister for Foreign Affairs) I, [name and title of the Head of State, Head of Government or Minister for Foreign Affairs], HEREBY AUTHORISE [name and title] to sign the [title of treaty] on behalf of the Government of [State]. Done at [place] on [date]. [Signature and title]

15. 15 Consent to be Bound To become party to a treaty, a State must express its consent to be bound by a treaty at international law.

16. 16 Consent to be Bound How? Definitive Signature Definitive Signature Simple Signature followed by Ratification, Acceptance or Approval Simple Signature followed by Ratification, Acceptance or Approval Accession Accession

17. 17 Consent to be Bound How? Succession An undertaking at international law whereby a State assumes the rights and obligations under a treaty previously applied to its territory by a predecessor State.

18. 18 Consent to be Bound Domestic “Ratification” A State is not a party to a treaty by simply “ratifying” a treaty domestically. A State is not a party to a treaty by simply “ratifying” a treaty domestically.

19. 19 Consent to be Bound Domestic “Ratification” States must ensure domestic legislative requirements are completed prior to consenting to be bound; States must ensure domestic legislative requirements are completed prior to consenting to be bound; State cannot claim that its consent to be bound is invalid due to violation of its internal law (VCLT, art. 46(1)). State cannot claim that its consent to be bound is invalid due to violation of its internal law (VCLT, art. 46(1)).

20. 20 Consent to be Bound Basic requirements for a valid instrument Identify treaty Identify treaty Declaration of undertaking Declaration of undertaking Expression of intent of the Government to be bound by the treaty and to undertake faithfully to observe and implement its provisions Expression of intent of the Government to be bound by the treaty and to undertake faithfully to observe and implement its provisions Issued and signed Issued and signed Head of State or Government or the MFA or by a person exercising the power of one of the three authorities ad interim; Head of State or Government or the MFA or by a person exercising the power of one of the three authorities ad interim; Dated Dated

21. 21 Consent to be Bound Problem 2 The following document has been lodged for deposit with the Secretary-General. Should this document be accepted in deposit as a valid binding instrument? The following document has been lodged for deposit with the Secretary-General. Should this document be accepted in deposit as a valid binding instrument?

22. 22 Consent to be Bound Model Instrument of Ratification, Acceptance or Approval Ratification/Acceptance/Approval (To be signed by Head of State, Head of Government or Minister for Foreign Affairs) WHEREAS the [title of treaty] was adopted at [place] on [date], AND WHEREAS the said [treaty] has been signed on behalf of the Government of [State] on [date], NOW THEREFORE I, [name and title of the HS, HG or MFA] declare that the Government of [State], having considered the above [treaty], [ratifies/accepts/approves] the same and undertakes faithfully to perform and carry out the stipulations therein contained. IN WITNESS WHEREOF, I have signed this instrument of [ratification/acceptance/approval] at [place] on [date]. [Signature] [Signature]

23. 23 Consent to be Bound Problem 3 The following document has been lodged for deposit with the Secretary-General. Should this document be accepted in deposit as a valid binding instrument? The following document has been lodged for deposit with the Secretary-General. Should this document be accepted in deposit as a valid binding instrument?

24. 24 Consent to be Bound Additional requirements for a valid instrument Optional Declarations Optional Declarations Mandatory Declarations Mandatory Declarations Notifications Notifications Reservations Reservations Authorized? Authorized? Prohibited? Prohibited? Silent? Silent?

25. 25 Consent to be Bound Optional and Mandatory Declarations Legally binding and must be included in a duly signed instrument of ratification, acceptance, etc. or signed in their own right. Legally binding and must be included in a duly signed instrument of ratification, acceptance, etc. or signed in their own right. Often such declarations must be made upon ratification, acceptance, approval or accession. Often such declarations must be made upon ratification, acceptance, approval or accession.

26. 26 Consent to be Bound Optional Declarations E.g.: International Covenant on Civil and Political Rights E.g.: International Covenant on Civil and Political Rights Article 41: A State Party may at any time declare that it recognizes the competence of the Human Rights Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant. Article 41: A State Party may at any time declare that it recognizes the competence of the Human Rights Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant. E.g.: Article 36, paragraph 2 of the Statute of the ICJ recognizing as compulsory the jurisdiction of the Court. E.g.: Article 36, paragraph 2 of the Statute of the ICJ recognizing as compulsory the jurisdiction of the Court.

27. 27 Consent to be Bound Mandatory Declarations E.g.: Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2000 E.g.: Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2000 Article 3(2): Each State party shall deposit a binding declaration upon ratification of or accession to this Protocol that sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced. Article 3(2): Each State party shall deposit a binding declaration upon ratification of or accession to this Protocol that sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced.

28. 28 Consent to be Bound Notifications Notifications typically provide information as required under a treaty. Notifications typically provide information as required under a treaty. Distinction between declarations and notifications is not always made. Distinction between declarations and notifications is not always made. E.g.: International Convention for the Suppression of the Financing of Terrorism E.g.: International Convention for the Suppression of the Financing of Terrorism Article 7 (3): Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the SG of the UN of the jurisdiction it has established in accordance with paragraph 2 (Note that a State Party MAY establish jurisdiction over specified offences in paragraph 2). Article 7 (3): Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the SG of the UN of the jurisdiction it has established in accordance with paragraph 2 (Note that a State Party MAY establish jurisdiction over specified offences in paragraph 2).

29. 29 Consent to be Bound Notifications E.g.: UN Convention Against Transnational Organized Crime E.g.: UN Convention Against Transnational Organized Crime Notification under art. 5 (3): States whose domestic law requires an additional element than the offences established in accordance with the article must so notify the SG. Notification under art. 5 (3): States whose domestic law requires an additional element than the offences established in accordance with the article must so notify the SG. Notification under art. 16(5): For States that make extradition conditional on the existence of a treaty, shall inform the SG whether they will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. Notification under art. 16(5): For States that make extradition conditional on the existence of a treaty, shall inform the SG whether they will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. Notification under art. 18 (13): Designation of a central authority for purposes of receiving mutual legal assistance. Notification under art. 18 (13): Designation of a central authority for purposes of receiving mutual legal assistance. Notification under art. 18 (14): Designation of language. Notification under art. 18 (14): Designation of language. Notification under art. 31(6): Designation of an authority that can assist other states in developing measures to prevent transnational organised crime. Notification under art. 31(6): Designation of an authority that can assist other states in developing measures to prevent transnational organised crime.

30. 30 Consent to be Bound Reservations A reservation is any statement - however phrased or named - which purports to exclude or modify the legal effect of a treaty provision. A reservation is any statement - however phrased or named - which purports to exclude or modify the legal effect of a treaty provision. Enable a state to participate in a treaty in which it would not be able to participate due to an unacceptable provision or provisions. Enable a state to participate in a treaty in which it would not be able to participate due to an unacceptable provision or provisions. Legally binding and must be included in a duly signed instrument of ratification, acceptance, etc. or signed in their own right. Legally binding and must be included in a duly signed instrument of ratification, acceptance, etc. or signed in their own right. Must be done upon signature or deposit. If done upon signature must be confirmed upon ratification. Must be done upon signature or deposit. If done upon signature must be confirmed upon ratification.

31. 31 Reservations Modification/Withdrawal possible at any time, but must be signed by Head of State, Head of Government or Minister for Foreign Affairs. Modification/Withdrawal possible at any time, but must be signed by Head of State, Head of Government or Minister for Foreign Affairs. Treaties may be silent as to reservations (for example, most Human Rights treaties). Treaties may be silent as to reservations (for example, most Human Rights treaties). Certain reservations may be allowed/prohibited. Certain reservations may be allowed/prohibited. Or reservations may be altogether prohibited (Stockholm Convention, Rome Statute of the International Criminal Court). Or reservations may be altogether prohibited (Stockholm Convention, Rome Statute of the International Criminal Court).

32. 32 Consent to be Bound Review Definitive Signature Definitive Signature Is the treaty open for signature? Is the treaty open for signature? Does the treaty allow your State to sign? Does the treaty allow your State to sign? Who will sign? Who will sign? Are full powers required? Are full powers required?

33. 33 Consent to be Bound Review SignatoryRatification, Acceptance or Approval SignatoryRatification, Acceptance or Approval Non-signatoryAccession Non-signatoryAccession Conditions for Accession? Conditions for Accession? Declarations/Notifications? Declarations/Notifications? Reservations? Reservations?

34. 34 Consent to be Bound Problem 4 State B would like to become a party to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. State B has signed the Convention on the Rights of the Child, but has not ratified it. You are presented with an instrument. What do you advise? State B would like to become a party to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. State B has signed the Convention on the Rights of the Child, but has not ratified it. You are presented with an instrument. What do you advise?

35. 35 Consent to be Bound Problem 5 State B would like to become party to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects, with Protocols I, II, III, IV and V, (Geneva, 10 October 1980). The relevant provisions of the Convention follow. The instrument below has been submitted for deposit. As a lawyer in your treaty office, what do you advise? State B would like to become party to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects, with Protocols I, II, III, IV and V, (Geneva, 10 October 1980). The relevant provisions of the Convention follow. The instrument below has been submitted for deposit. As a lawyer in your treaty office, what do you advise?

36. 36 Deposit of Instruments Place and Method Instruments become effective only when deposited with SG at UNHQ. Instruments become effective only when deposited with SG at UNHQ. Or by personal delivery to the SG or to his representative - the Legal Counsel or the Chief of the Treaty Section. Or by personal delivery to the SG or to his representative - the Legal Counsel or the Chief of the Treaty Section. By mail, by facsimile or by e-mail. By mail, by facsimile or by e-mail.

37. 37 Deposit of Instruments Place and Methods Appointment for deposit in the Treaty Section Appointment for deposit in the Treaty Section Facsimile No: 1 (212) 963-3693 Facsimile No: 1 (212) 963-3693 Phone No:1 (212) 963- 5047 Phone No:1 (212) 963- 5047 During Annual Treaty Event During Annual Treaty Event

38. 38 Deposit of Instruments Date of Deposit Date when instrument is received at UNHQ either by SG, the Legal Counsel, the Treaty Section or by the Mail Unit; Date when instrument is received at UNHQ either by SG, the Legal Counsel, the Treaty Section or by the Mail Unit; Deposit will produce its effect in accordance with provisions of a treaty. Deposit will produce its effect in accordance with provisions of a treaty. Important when a State is calculating EIF for participation in meetings or elections. Important when a State is calculating EIF for participation in meetings or elections.

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