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

The Registration & Publication
of Treaties
By Palitha T.B. Kohona
Vientiane, 7 - 9 October 2003
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Why are Treaties registered and published?
– Article 102 of the UN Charter
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All treaties concluded by Member States are required to be submitted
for registration.
The Secretariat is obliged to publish them.
– Regulations to Give Effect to Article 102
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Last revised in 1979
Indirectly modified by a General Assembly Resolution in 1998
Guides the registration and publication processes
– Article 1 of the Regulations requires the Secretariat to
publish registered treaties in:
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one single series,
original languages, and
with translations in English and French.
– This is a major problem, since translations take a long time.
Since 1950, the United Nations has recognised this problem
– General Assembly resolutions
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:
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Environment, refugees, human rights, disarmament, commodities,
consular relations, financial and technical assistance, law of the sea,
etc.
They form a comprehensive network of treaty-based norms of behavior
for the international community.
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Countries which have joined the international community
recently have been enthusiastic about concluding treaties.
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There has also been an increase in international law making in
recent years.
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Number of countries in the international community has increased.
E.g.: countries which broke away from the former Soviet Union, Yugoslavia
E.g.: multilateral conventions on the environment, human rights,
disarmament, humanitarian issues, etc.
Result in the need to register multilateral treaty actions related to these
treaties.
Increasing awareness of the need to register treaties.
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The Legal Counsel circulates a note at the beginning of each year.
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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.
– Pursuant to Article 102 and the Regulations, the United
Nations Treaty Series (UNTS) has been published
continuously since 1946.
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Like the League of Nations Treaty Series.
It contains over 50,000 treaties, and a similar number of
related actions.
There are over 2100 printed volumes, in 142+ languages, and
over 1,000,000 pages.
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Woodrow Wilson’s dream:
– Eliminating secret diplomacy and advancing the cause of peace.
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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.
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According to Article 102:
– a non-registered treaty cannot be invoked before a UN body,
including the International Court of Justice (ICJ)
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Accordingly, border agreements are registered faithfully.
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However, not all member states register their treaties.
– Mostly, a question of resources
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especially in developing countries
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also defense and security agreements
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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.
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Given the large number of treaties submitted, and
The cost of publication;
The value of publication to Member States;
Considering that some treaties are published by other agencies
and organisations (e.g. EU treaties are published by the
European union);
Taking into account the object and purpose of Article 102;
Some treaties which are registered are not published.
– E.g., bilateral treaties of a purely technical character.
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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.
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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.
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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.
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S-G is designated as Depositary of many
multilateral treaties.
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He is not obligated to accept this role but normally does. For
example, where
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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
Over 500 multilateral treaties are deposited with the S-G.
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Secretariat publishes “The Multilateral Treaties
Deposited with the Secretary-General”.
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An annual publication of over 1,000 printed pages.
The most comprehensive collection of this type in the world.
Provides details on the status of the multilateral treaties
deposited with the S-G.
– signatures, ratifications, declarations, reservations, etc.
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Now available on the Internet at http://untreaty.un.org
– Updated daily.
– The S-G depositary notifications are sent daily by e-mail, in
addition to the hard copies.
– These provides a comprehensive network of legal norms affecting
international behavior.
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Some treaties have significant implications for individuals and
communities.
And business activities of corporations.
The S-G provides advice and assistance relating to the conclusion of
such treaties and interpretations - particularly on final clauses.
The S-G is responsible for ensuring the proper execution of all treaty
actions relating to a treaty;
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
– The Secretary-General is given numerous administrative
functions under these multilateral conventions as well.
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E.g., collect information, arrange meetings of the parties, make
reports, dispatch study groups and arrange meetings, etc.
However, he is not disposed to being allocated such functions
in his capacity as depositary
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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.
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The Millennium Summit Treaty Event proved to be a
major success.
– decided to hold such an event each year.
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In 2001, a treaty event entitled, Focus 2001 - Rights
of Women and Children
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
This year, Focus 2002 - Sustainable Development was
organised to coincide with the WSSD.
In 2003 - organised crime will be the focus.
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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.
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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.
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By the end of 2003, over 2000 volumes will be available
on the Internet.
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Over 800,000 hits on the web site per month.
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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.
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The dissemination of international law
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Treaties are the main source of international law.
They provide the key foundation for the development of
the international rule of law.
They can be used as precedents
Contribute to the development of international legal
norms.
2. Removing the mystique surrounding international
treaties.
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They become accessible to a wider audience.
– Facilitate more informed discussions.
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.
Increase transparency – a key objective of Art. 102.
3. Greater access to and greater impact on the lives of
people.
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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.
Assist in the further democratisation of the international law
making processes
Contribute to better implementation of treaties since
Individuals and NGOs play an increasingly proactive role in the
implementation of treaty obligations.
The UN Treaty Collection on the Internet is accessed over
1,000,000 times in some months.
Available free of charge to NGOs and users from developing
countries in addition to governments.
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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".
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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.