1 Registration Obligations of States under Article 102 of the Charter of the United Nations and Publications of Treaties Presentation by the Treaty Section,

11

Registration Obligations of Registration Obligations of States under Article 102 of the States under Article 102 of the Charter of the United Nations Charter of the United Nations and Publications of Treatiesand Publications of Treaties

Presentation by the Treaty Section, Office Presentation by the Treaty Section, Office of Legal Affairs, United Nationsof Legal Affairs, United Nations

REGIONAL TRAINING ON REGIONAL TRAINING ON TREATY LAW AND PRACTICETREATY LAW AND PRACTICEJakarta, Indonesia, 13-15 October 2010Jakarta, Indonesia, 13-15 October 2010

22

OverviewOverview Article 102 of the Charter of the Article 102 of the Charter of the

United NationsUnited Nations Definition of “Treaty” or Definition of “Treaty” or

“International Agreement”“International Agreement” Treaty-making capacityTreaty-making capacity Requirements for submission of Requirements for submission of

treaties/agreements for registrationtreaties/agreements for registration Publication of treaties and Publication of treaties and

subsequent actionssubsequent actions Assistance offered by the Office Assistance offered by the Office

of Legal Affairs (OLA) of Legal Affairs (OLA)

33

League of Nations League of Nations

Article 18 of the Covenant of the Article 18 of the Covenant of the League of Nations:League of Nations:

““Every treaty or international Every treaty or international engagement entered into hereafter by any engagement entered into hereafter by any Member of the League shall be forthwith Member of the League shall be forthwith registered with the Secretariat and shall registered with the Secretariat and shall as soon as possible be published by it. No as soon as possible be published by it. No such treaty or international engagement such treaty or international engagement shall be binding until so registered.”shall be binding until so registered.”

44

Charter of the United Nations Charter of the United Nations

Article 102Article 102 Paragraph 1: “Every Paragraph 1: “Every

treaty and every treaty and every international agreement international agreement entered into by any entered into by any Member of the United Member of the United Nations after the present Nations after the present Charter comes into force Charter comes into force shall as soon as possible shall as soon as possible be registered with the be registered with the Secretariat and published Secretariat and published by it.”by it.”

55

Charter of the United Nations Charter of the United Nations

Article 102Article 102 Paragraph 2: “No party Paragraph 2: “No party

to any such treaty or to any such treaty or international agreement international agreement which has not been which has not been registered in accordance registered in accordance with the provisions of with the provisions of paragraph 1 of this paragraph 1 of this Article may Article may invokeinvoke that that treaty or agreement treaty or agreement before any organ of before any organ of the United Nations.”the United Nations.”

66

Article 102: ImplicationsArticle 102: Implications

Each Member State: must register every Each Member State: must register every treaty/international agreement treaty/international agreement

United Nations Secretariat: must publish United Nations Secretariat: must publish all treaties/agreements registered all treaties/agreements registered

This function is performed by the This function is performed by the Treaty Section of the Office of Legal Treaty Section of the Office of Legal AffairsAffairs

77


No party to a non-registered No party to a non-registered agreement may agreement may invokeinvoke that that treaty or agreement before treaty or agreement before any organ of the United any organ of the United Nations (for example, the Nations (for example, the International Court of Justice)International Court of Justice)

88

Article 102: ImplicationsArticle 102: ImplicationsWhen must a treaty be registered? When must a treaty be registered? Article 102(1) of the CharterArticle 102(1) of the Charter: “as soon as : “as soon as

possible”.possible”. Regulations to give effect to Article 102 Regulations to give effect to Article 102

(adopted by the General Assembly in 1946) - (adopted by the General Assembly in 1946) - Article 1(2): Article 1(2): “Registration shall not take “Registration shall not take place place untiluntil the treaty or international the treaty or international agreement has agreement has come into forcecome into force between two between two or more of the parties thereto.”or more of the parties thereto.”

Secretariat’s practice:Secretariat’s practice: All Member States are All Member States are encouraged to submit their treaties for encouraged to submit their treaties for registration – including non-recent onesregistration – including non-recent ones

99


Registration does not imply a judgment Registration does not imply a judgment by the Secretariat:by the Secretariat:

nature of the instrument, nature of the instrument, status of a party, or any similar status of a party, or any similar

questionquestion

Secretariat’s action/inaction does not Secretariat’s action/inaction does not confer or retrieve:confer or retrieve:

status of a treaty/international status of a treaty/international agreement agreement

status of a partystatus of a party

1010

Definition of “Treaty” orDefinition of “Treaty” or“International Agreement”“International Agreement”

Charter of the United Nations:Charter of the United Nations: No No definitiondefinition

Regulations to give effect to Article Regulations to give effect to Article 102 (adopted by the General 102 (adopted by the General AssemblyAssembly in 1946)in 1946)

Article 1:“whatever its form and Article 1:“whatever its form and descriptive name”descriptive name”

1111


Vienna Convention on the Law of Vienna Convention on the Law of Treaties, 1969, ArticleTreaties, 1969, Article 2(1)(a): 2(1)(a): ““Treaty” means an international Treaty” means an international agreement agreement concluded between concluded between StatesStates in in written formwritten form and and governed governed by international lawby international law, whether , whether embodied in a single instrument or embodied in a single instrument or in two or more related instruments in two or more related instruments and and whatever its particular whatever its particular designationdesignation

1212

TreatyTreaty ConventionConvention ProtocolProtocol Exchange of notes/lettersExchange of notes/letters Memorandum of Memorandum of

UnderstandingUnderstanding MinutesMinutes


1313

Treaty/International AgreementTreaty/International Agreement

Characteristics that an instrument Characteristics that an instrument must meet to be considered for must meet to be considered for registration: registration: At least two Parties with treaty-At least two Parties with treaty-

making capacitymaking capacityIntention of Parties to create legal Intention of Parties to create legal

obligations under international lawobligations under international lawBinding under international law Binding under international law

1414

Treaty/International AgreementTreaty/International Agreement

Instruments which can not be Instruments which can not be registeredregisteredMere political declarationMere political declarationAgreement governed by Agreement governed by national lawnational law

1515

Treaty-making capacityTreaty-making capacity

Capacity:Capacity: At least two partiesAt least two parties

Sovereign StatesSovereign States

Intergovernmental Intergovernmental organizationsorganizations

1616

Filing and RecordingFiling and Recording

Agreements Agreements not subject to not subject to registration registration are voluntarily filed are voluntarily filed and recorded (but are still published and recorded (but are still published by the UN Secretariat), including by the UN Secretariat), including agreements between:agreements between:• United Nations and Specialized AgenciesUnited Nations and Specialized Agencies• United Nations and non-member statesUnited Nations and non-member states• Specialized Agencies and non-member Specialized Agencies and non-member

statesstates• Two or more Specialized AgenciesTwo or more Specialized Agencies• Specialized Agencies and other Specialized Agencies and other

intergovernmental organizationsintergovernmental organizations

1717

SummarySummary Treaty/International AgreementTreaty/International Agreement

whatever its form and descriptive name whatever its form and descriptive name within the meaning of Article 102 of the within the meaning of Article 102 of the

UN Charter UN Charter binding under international lawbinding under international lawentered into forceentered into force

PartiesPartiestreaty-making capacity on international treaty-making capacity on international

planeplane intention to create obligations intention to create obligations

under international lawunder international law

1818

Requirements for submission Requirements for submission of treaties for registrationof treaties for registration

Who submits?Who submits? Multilateral treatyMultilateral treaty

Depositary (e.g. Secretary-General, State Depositary (e.g. Secretary-General, State or other intergovernmental organization) or other intergovernmental organization)

Bilateral treaty: Bilateral treaty: Either State, unless otherwise agreedEither State, unless otherwise agreedDouble submission – first State to submit is Double submission – first State to submit is

registering Stateregistering State For UN Member States: Submission through For UN Member States: Submission through

Permanent Missions in New YorkPermanent Missions in New York

1919

RequirementsRequirements

What is submitted – Multilateral treaty?What is submitted – Multilateral treaty? Certified true copy of treaty/agreementCertified true copy of treaty/agreement All authentic text(s)All authentic text(s) All attachments (annexes, minutes, proces-verbales, All attachments (annexes, minutes, proces-verbales,

etc.) constituting an integral part of the treatyetc.) constituting an integral part of the treaty Parties to the treatyParties to the treaty Date of deposit of the instrument with the depositaryDate of deposit of the instrument with the depositary Date of entry into force Date of entry into force Subsequent actions (e.g., reservations, declarations)Subsequent actions (e.g., reservations, declarations) Two additional copies or one electronic copy (CD-Two additional copies or one electronic copy (CD-

Rom)Rom) Translations into English and/or French (if available)Translations into English and/or French (if available)

[[see Note Verbale LA 41 TR/230/Registrationsee Note Verbale LA 41 TR/230/Registration and Publication Requirements/2010and Publication Requirements/2010] ]

2020


What is submitted – Bilateral treaty?What is submitted – Bilateral treaty? Certified true copy of treaty/agreementCertified true copy of treaty/agreement All authentic text(s)All authentic text(s) All attachments (annexes, minutes, proces-All attachments (annexes, minutes, proces-

verbales, etc.) constituting an integral part of verbales, etc.) constituting an integral part of the treatythe treaty

Subsequent instruments (e.g., amendments)Subsequent instruments (e.g., amendments) Two additional copies or one electronic copy (CD-Two additional copies or one electronic copy (CD-

Rom)Rom) Translations into English and/or Translations into English and/or

French (if available)French (if available)

[[see Note Verbale LA 41 TR/230/Registration see Note Verbale LA 41 TR/230/Registration and Publication Requirements/2010and Publication Requirements/2010] ]

2121

RequirementsRequirementsCertifying StatementCertifying Statement confirms that confirms that “the text is a true and complete “the text is a true and complete

copy thereof and includes all copy thereof and includes all reservations/declarations made by the parties reservations/declarations made by the parties theretothereto””

includes:includes: Full title of treaty/agreementFull title of treaty/agreementPlace and date of conclusionPlace and date of conclusionDate and method of entry into force for each Date and method of entry into force for each

partypartyAll authentic languagesAll authentic languages

[[Regulations to give effect to Article 102 of the Regulations to give effect to Article 102 of the Charter of the United NationsCharter of the United Nations]]

2222

RequirementsRequirementsModel certifying statementModel certifying statement for registration or filing and for registration or filing and recordingrecording

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]

2323

RequirementsRequirementsSubsequent actionsSubsequent actions Multilateral treaties/agreementsMultilateral treaties/agreements

Ratification/AccessionRatification/AccessionDenunciationDenunciationAmendmentAmendmentTerminationTermination

Bilateral treatiesBilateral treatiesChange in partiesChange in partiesModification of terms/terminationModification of terms/terminationChange in scope of applicationChange in scope of application

2424


General Assembly resolutions 53/100 of General Assembly resolutions 53/100 of 8 Dec. 1998 and 54/28 of 17 Nov. 19998 Dec. 1998 and 54/28 of 17 Nov. 1999

Electronic copy Electronic copy • CD-ROM CD-ROM

Courtesy translations into any of the six Courtesy translations into any of the six official languages official languages (preferably English/French)(preferably English/French)

2525

Communication by the SecretariatCommunication by the SecretariatIf requirements for registration are If requirements for registration are met:met:Date of effect of registration = date Date of effect of registration = date

of receipt by Secretariat of the of receipt by Secretariat of the completecomplete submission submission

Treaty/agreement is assigned a Treaty/agreement is assigned a registration numberregistration number

Submitter receives a certificate of Submitter receives a certificate of registrationregistration

2626

2727

Communication by the SecretariatCommunication by the Secretariat

If requirements for registration are If requirements for registration are notnot met: met:• Submitter is requested to provide Submitter is requested to provide

clarifications or submit missing clarifications or submit missing information, for example:information, for example: Authentic language versions Authentic language versions Entry into force informationEntry into force information Missing annexes, protocols, etc.Missing annexes, protocols, etc. Translations and electronic copyTranslations and electronic copy

2828

SummarySummary Documentation complete; meets Documentation complete; meets

definition of “treaty” or “international definition of “treaty” or “international agreement” under Article 102 of the agreement” under Article 102 of the Charter and the RegulationsCharter and the Regulations

Certifying statement correct and Certifying statement correct and matches the Agreement itselfmatches the Agreement itself

Translations/electronic copy submittedTranslations/electronic copy submitted

Agreement registered and publishedAgreement registered and published

2929

Publication of treaties and Publication of treaties and subsequent actionssubsequent actions

Mandate:Mandate: Article 102 of the Charter of the Article 102 of the Charter of the

United Nations United Nations Article 12 of the Regulations to give Article 12 of the Regulations to give

effect to Article 102 of the Chartereffect to Article 102 of the Charter

- Modified by General Assembly - Modified by General Assembly resolutions (most recent 52/153 of resolutions (most recent 52/153 of 15 Dec. 1997) 15 Dec. 1997)

3030

PublicationPublicationExceptions to publication Exceptions to publication in extensoin extenso

Assistance/cooperation agreements of limited Assistance/cooperation agreements of limited scope concerning financial, commercial, scope concerning financial, commercial, administrative or technical matters administrative or technical matters

Agreements relating to the organization of Agreements relating to the organization of conferences, seminars or meetingsconferences, seminars or meetings

Agreements that are to be published elsewhere by Agreements that are to be published elsewhere by UN Secretariat or specialized or related agencyUN Secretariat or specialized or related agency

Lengthy lists of products attached to trade Lengthy lists of products attached to trade agreementsagreements

Agreements of the European Union are published Agreements of the European Union are published only in English and Frenchonly in English and French

[Article 12 of the[Article 12 of the Regulations to give effect to Regulations to give effect to Article 102 of the Charter of the United Article 102 of the Charter of the United

Nations]Nations]

3131

Publication Publication

Monthly Statement (available on Monthly Statement (available on the website of the Treaty the website of the Treaty Section)Section)

United Nations Treaty SeriesUnited Nations Treaty Series

Website of the Treaty SectionWebsite of the Treaty Sectionhttp://treaties.un.orghttp://treaties.un.org

3232

Publication: Publication: Monthly StatementMonthly Statement

Example of entryExample 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: EnglishRegistration with the Secretariat of the United

Nations: Turkey, 7 April 2010

3333

Publication: Publication: UN Treaty SeriesUN Treaty Series

Texts of agreements Texts of agreements registered and filed and registered and filed and recorded with the Secretariat recorded with the Secretariat including all integral elements, e.g. including all integral elements, e.g.

protocols, agreed minutes, protocols, agreed minutes, attachments and maps)attachments and maps)

All languages of the All languages of the registered agreements registered agreements Over 140 languagesOver 140 languages

Translations into English Translations into English and Frenchand French

3434

Publication: UN TreatyPublication: UN Treaty SeriesSeries

Published in a single series Published in a single series beginning in 1946beginning in 1946

UN Treaty Series is one of only two UN Treaty Series is one of only two publications mandated in the publications mandated in the Charter of the United NationsCharter of the United Nations

3535

PublicationPublication

Requirements for faster publication Requirements for faster publication of treaties submitted for of treaties submitted for registration:registration: •Clean, legible hard copies Clean, legible hard copies

submittedsubmitted

•TRANSLATIONS – into English and TRANSLATIONS – into English and FrenchFrench

•Electronic text (Word, Pdf, etc.)Electronic text (Word, Pdf, etc.)

3636

Publication: WebsitePublication: Website

Treaty Section <http://treaties.un.org>Treaty Section <http://treaties.un.org>

Full texts of treaties/agreements and Full texts of treaties/agreements and treaty actions treaty actions • Including declarations, reservations, etc. Including declarations, reservations, etc.

Search and retrieval capabilities for all Search and retrieval capabilities for all treaties/agreementstreaties/agreements

Facility to view, save and print the Facility to view, save and print the full texts full texts

3737

Treaty Section’s websiteTreaty Section’s website Examples of bilateral treaties by some Examples of bilateral treaties by some

AALCO Member States:AALCO Member States:• Agreement on the frontier line

between Algeria and Tunisia from Bir Romane to the Lybian frontier (1970)

•Treaty between the Federal Republic of Nigeria and the Republic of Equatorial Guinea concerning their maritime boundary (2000)

3838

Examples of bilateral treaties by some Examples of bilateral treaties by some AALCO Member States:AALCO Member States:

•Agreement on non-aggression and good neighbourliness (the Accord of Nkomati, between South Africa and Mozambique) (1984)

•Border Agreement between the United Arab Emirates and the Sultanate of Oman relating to the boundary sector between Umm al-Zumul and Eastern Uqaydat (1999)

Treaty Section’s websiteTreaty Section’s website

3939

Treaty Section’s websiteTreaty Section’s website Examples of bilateral treaties by some Examples of bilateral treaties by some

AALCO Member States:AALCO Member States:• Agreement on the demarcation of a

fixed boundary between the two countries in the Naaf River (Myanmar and Pakistan) (1966)

• Agreement between the Government of the People’s Republic of China and the Government of the Democratic People’s Republic of Korea on the promotion and protection of investments (2005)

4040

Assistance provided by the Assistance provided by the Office of Legal AffairsOffice of Legal Affairs

Legal advice and assistance on Legal advice and assistance on matters of treaty law and practicematters of treaty law and practice

Training in treaty law and Training in treaty law and practice at UN Headquarters and practice at UN Headquarters and at the regional levelat the regional level

Individual assistance provided on Individual assistance provided on specific treaty-related questionsspecific treaty-related questions

Reference to substantive offices Reference to substantive offices and treaty bodies and treaty bodies

4141

Copyright © 2010 by the United Copyright © 2010 by the United Nations. All rights reserved. No Nations. All rights reserved. No part of this publication may be part of this publication may be reproduced, stored in a retrieval reproduced, stored in a retrieval system, or transmitted in any form system, or transmitted in any form by any means, electronic, by any means, electronic, mechanical, photocopying, mechanical, photocopying, recording, or otherwise without the recording, or otherwise without the prior written permission of the prior written permission of the United NationsUnited Nations

Documents

1 Registration Obligations of States under Article 102 of the Charter of the United Nations and Publications of Treaties Presentation by the Treaty Section,