Transcript Overview of International Treaty Law, the UN Office of Legal Affairs and Treaty Section mandates Ms.

Overview of International Treaty
Law, the UN Office of Legal
Affairs
and Treaty Section mandates
Ms. Annebeth Rosenboom
Chief
Treaty Section
Office of Legal Affairs
United Nations
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OVERVIEW
1. Types of law and international law
2. The position of treaties in international
law
3. Treaties
4. The Office of Legal Affairs
5. The Treaty Section’s objectives and
activities
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International Law and the
importance of treaties
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In the last decades, relations among
States have become increasingly complex
– heightening the need to strengthen and
promote international law and the rule of
law at the national and international
levels.
The United Nations Secretary-General has, in
numerous statements and reports, consistently
emphasized the importance of participation in
and the domestic implementation of treaty-based
norms and international legal principals.
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LAW
National Law
Foreign Law
International Law
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International Law
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Sources of
international law
(Art. 38 of the
Statute of the ICJ)
Treaties
International
custom
General
principles
of law
Judicial
decisions
and teachings
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Treaties
Bilateral
treaties
Multiple bilateral
treaties
Multilateral
treaties
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What is a “Treaty”
The Vienna Convention 1969 defines a treaty as
"an international agreement concluded between States
in written form and governed by international law,
whether embodied in a single instrument or in two or
more related instruments and whatever its particular
designation" (article 2(1)(a)).
Congress of Vienna
(1814-1815)
“There is always an alternative
to conflict”
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Rule of Law
The international
rule of law
contributes to order
and stability, and
enhances each
nation’s
independence and
security.
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Rule of Law and the Treaty
Framework

SG Ban Ki-Moon is
making the rule of law
an important theme of
his tenure. He has
stated that
“[t]ogether, by
participating in the
international treaty
framework, we can
succeed in advancing
our mission of building
a global society based
on respect for the rule
of law.”
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UN Office of Legal Affairs
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The Office of the Legal Counsel
The General Legal Division
The Codification Division
The International Trade Law Division,
the Division of Ocean Affairs and Law
of the Sea
The Treaty Section
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UN Office of Legal Affairs

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The Office of Legal Affairs advises on
many areas of international law, including
the establishment of peacekeeping
missions, the relationships between the
UN and States and private entities,
mandates given to the UN, privileges and
immunities, and more.
OLA provides secretariat duties (6th
Committee (Legal) of the GA, ILC
meetings) and gives advice on rules of
procedure to the UN organs.
OLA also includes 2 divisions that work on
specific areas: trade law (UNCITRAL
secretariat) and the law of the sea.
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Treaty Section
Objectives

Contribute to the rule of law
by:
• Improving access to treaties and
treaty related information;
• Promoting broader State
participation in the multilateral
treaty framework;
• Enhancing understanding of
technical and legal aspects of
participating in treaties and
registering treaties with the
Secretariat.
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Treaty Section Activities
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Assist States in signing and becoming
party to treaties
Advise on issues and questions of
international treaty law
Perform the function of the SG as
depositary for multilateral treaties
Advise on reservations, declarations and
final clauses to treaties
Register treaties submitted under Article
102 of the UN Charter
Publish treaties in the UN Treaty Series
Provide capacity-building trainings and
organize special treaty events
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UN General Assembly support
for treaties
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The 2005 Outcome Document of the
General Assembly High-Level
Summit supported the annual Treaty
Event and specifically encouraged
“States that have not yet done so to
consider becoming parties to …
treaties” in a range of subject areas.
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Action plans and follow-up
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Over the following days, keep in mind
challenges your government may face in
the area of treaties and their
implementation.
Please note those substantive areas your
government wishes to work on and steps
you may like to take.
On the last day, we will discuss and create
plans that will also include ways the UN
family of offices and organizations may
assist your governments with becoming
party to treaties, implementing them and
registering them with the UN.
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Copyright Notice

Copyright 2009 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.
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