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Registration

Under Article 102 of the UN Charter

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AgendaAgenda

Origins and Policy Objective of Article Origins and Policy Objective of Article 102102

Legal Implications of Article 102Legal Implications of Article 102

What is a treaty?What is a treaty?

Registration RequirementsRegistration Requirements

Publication Publication

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Article 102: Origins and Policy ObjectiveArticle 102: Origins and Policy Objective

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

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

Objective is to ensure that all treaties remain in Objective is to ensure that all treaties remain in the public domain and thus assist in eliminating the public domain and thus assist in eliminating secret diplomacy.secret diplomacy.

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United Nations Charter United Nations Charter Article 102Article 102

Paragraph 1: Paragraph 1: Every treaty and every international Every treaty and every international agreement entered into by any Member of the United agreement entered into by any Member of the United Nations after the present Charter comes into force Nations after the present Charter comes into force shall as soon as possible be registered with the shall as soon as possible be registered with the Secretariat and published by it.Secretariat and published by it.

Paragraph 2: Paragraph 2: No party to any such treaty or No party to any such treaty or international agreement which has not been international agreement which has not been registered in accordance with the provisions of registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.agreement before any organ of the United Nations.

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Legal Implications of Article 102Legal Implications of Article 102

Each Member State has a legal obligation to Each Member State has a legal obligation to register all international agreements/treaties register all international agreements/treaties concluded after the coming into force of the concluded after the coming into force of the Charter.Charter.This obligation does not preclude international This obligation does not preclude international organizations with treaty-making capacity or non-organizations with treaty-making capacity or non-Member States from submitting for registration Member States from submitting for registration treaties entered into with Member States. treaties entered into with Member States. Secretariat is mandated to publish all agreements Secretariat is mandated to publish all agreements registered.registered.

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Legal Implications of Article 102 Legal Implications of Article 102 SanctionsSanctions

Registration is the prerequisite for a Registration is the prerequisite for a treaty or international agreement to treaty or international agreement to be capable of being be capable of being invokedinvoked before before the ICJ or any other UN organ.the ICJ or any other UN organ.Applies only to the parties of an Applies only to the parties of an unregistered agreement.unregistered agreement.Third parties can invoke the treaty;Third parties can invoke the treaty; ICJ has not dealt with this issue.ICJ has not dealt with this issue.

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Important NoteImportant Note

Registration does not imply a judgment by Registration does not imply a judgment by the Secretariat on the nature of the the Secretariat on the nature of the instrument, the status of a party, or any instrument, the status of a party, or any similar question.similar question.Secretariat’s action does not confer on the Secretariat’s action does not confer on the instrument the status of a instrument the status of a treaty/international agreement if it does treaty/international agreement if it does not already have that status.not already have that status.Secretariat’s action does not confer on a Secretariat’s action does not confer on a party a status which it would not party a status which it would not otherwise have.otherwise have.

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SummarySummaryMember State Member State must submit for must submit for

registration all international registration all international agreements/treaties; agreements/treaties;

Secretariat Secretariat must publish all must publish all registered agreements;registered agreements;

PartiesParties to a treaty may not invoke to a treaty may not invoke that treaty before the ICJ or other that treaty before the ICJ or other UN body unless such treaty is UN body unless such treaty is registered.registered.

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Treaties and International Treaties and International Agreements?Agreements?

UN Charter and Regulations: No definitionUN Charter and Regulations: No definition

Article 1 of the Regulations to give effect to Article Article 1 of the Regulations to give effect to Article 102 (GA 1946) provides guidance on what 102 (GA 1946) provides guidance on what comprises a treaty by adding the phrase: comprises a treaty by adding the phrase: “whatever “whatever its form and descriptive name”its form and descriptive name”

Vienna Convention, 1969, Article 2(1)(a) Vienna Convention, 1969, Article 2(1)(a) : :

““treaty” means an international agreement treaty” means an international agreement concluded between Statesconcluded between States in in written formwritten form and and governed by international lawgoverned by international law, whether embodied in , whether embodied in a single instrument or in two or more related a single instrument or in two or more related instruments and instruments and whatever its particular designationwhatever its particular designation. .

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Types of treaties subject to Types of treaties subject to registrationregistration

Bilateral Treaties;Bilateral Treaties;Multilateral Treaties;Multilateral Treaties;Subsequent Actions;Subsequent Actions;Unilateral legally binding undertakings:Unilateral legally binding undertakings:

e.g. Acceptance of ICJ’s Compulsory e.g. Acceptance of ICJ’s Compulsory Jurisdiction Jurisdiction (Article 36(2) of the ICJ Statute)(Article 36(2) of the ICJ Statute)

e.g. Suez Canal Declaration by Egypt: e.g. Suez Canal Declaration by Egypt: – Registered in 1957 Registered in 1957 – Egypt considered declaration binding Egypt considered declaration binding

instrumentinstrument

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TreatyTreaty ConventionConvention Exchange of notes/lettersExchange of notes/letters ProtocolProtocol MOUMOU MinutesMinutes Unilateral Declaration Unilateral Declaration

“Whatever its form and descriptive name”

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Treaty CharacteristicsTreaty Characteristics

Title and formTitle and form of a document submitted to of a document submitted to Secretariat for registration are less Secretariat for registration are less important than its content in determining important than its content in determining whether it is a treaty. whether it is a treaty.

A treaty A treaty mustmust be concluded between at least be concluded between at least two two parties possessing treaty-making parties possessing treaty-making capacitycapacity (E.g., Sovereign State/international (E.g., Sovereign State/international organization with treaty-making capacity).organization with treaty-making capacity).

Intention to create legal obligations at Intention to create legal obligations at international lawinternational law..

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Treaty-Making CapacityTreaty-Making CapacityCapacity:Capacity:

At least two partiesAt least two parties - Sovereign states- Sovereign states - Intergovernmental organizations- Intergovernmental organizations

No capacity:No capacity:Non-state entitiesNon-state entities

Secretariat is guided by GA/SC Secretariat is guided by GA/SC resolutionsresolutions

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SummarySummaryTreaty/International AgreementTreaty/International Agreement– whatever its form and descriptive namewhatever its form and descriptive name

PartiesParties– treaty-making capacity on international treaty-making capacity on international

planeplane– intention to create obligations at intention to create obligations at

international lawinternational law

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RegistrationRegistrationwith the Secretariatwith the SecretariatTreaties of which at least one party is a UN Treaties of which at least one party is a UN Member may be registered with the Member may be registered with the Secretariat provided that the treaty has:Secretariat provided that the treaty has:

– Entered into force between at least 2 of Entered into force between at least 2 of the parties, andthe parties, and

– Other requirements for registration are Other requirements for registration are met.met.

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Filing and RecordingFiling and RecordingAgreements Agreements not subject to not subject to registration registration are voluntarily filed and recorded:are voluntarily filed and recorded:– UN and non-Member States;UN and non-Member States;– UN and specialized agencies or international UN and specialized agencies or international

organizations;organizations;– Specialized agencies and non-Member States;Specialized agencies and non-Member States;– Two or more specialized agencies;Two or more specialized agencies;– Specialized Agencies and international Specialized Agencies and international

organizations;organizations;– Other cases.Other cases.

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Ex officioEx officio registration by UN registration by UN

Every treaty subject to registration and to Every treaty subject to registration and to which the UN is a party shall be registered which the UN is a party shall be registered unilaterally by the UN (unilaterally by the UN (ex officioex officio););

UN registers subsequent actions UN registers subsequent actions ex officioex officio as well;as well;

SG as depositary of a multilateral treaty SG as depositary of a multilateral treaty also registers also registers ex officioex officio the treaty and its the treaty and its subsequent actions after the treaty has subsequent actions after the treaty has entered into force.entered into force.

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Registration RequirementsRegistration Requirements

Regulations to give effect to Article 102:Regulations to give effect to Article 102:

(1) Treaty/International Agreement (Article 102)(1) Treaty/International Agreement (Article 102)

(2) Certifying Statement(2) Certifying Statement

(3) Copy of treaty(3) Copy of treaty

(4) Date of entry into force(4) Date of entry into force

(5) Method of entry into force(5) Method of entry into force

(6) Place and date of conclusion (6) Place and date of conclusion

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Registration Requirements Registration Requirements

Regulations require that a party registering Regulations require that a party registering treaty certify that treaty certify that “the text is a true and “the text is a true and complete copy thereof and includes all complete copy thereof and includes all reservations/declarations made by the reservations/declarations made by the parties thereto” parties thereto” Certifying Statement must include:Certifying Statement must include:

Full titleFull title Date and place of conclusionDate and place of conclusion Date and method of EIFDate and method of EIF All authentic languagesAll authentic languages

Submission must be complete:Submission must be complete: - - E.g., authentic texts, protocols, annexes, mapsE.g., authentic texts, protocols, annexes, maps

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Legible copy of treaty/international Legible copy of treaty/international agreement:agreement:– One certified and complete copy of all authentic One certified and complete copy of all authentic

texts, and two additional copies, or one texts, and two additional copies, or one electronic copy. electronic copy.

Parent agreement or agreements Parent agreement or agreements incorporated incorporated by referenceby reference must already be registered must already be registered

Date of effect of registration is the date of Date of effect of registration is the date of receipt by Secretariat of the completereceipt by Secretariat of the complete submissionsubmission

Registration Requirements

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Communications Communications by Secretariatby Secretariat

If successful:If successful: Submitter receives a certificate of Submitter receives a certificate of

registrationregistrationIf unsuccessful: If unsuccessful: Submitter requested to submit Submitter requested to submit missing information/clarification:missing information/clarification:

Authentic languagesAuthentic languages EIF informationEIF information Missing annexes, protocols, etc.Missing annexes, protocols, etc.

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SummarySummary

Documentation completeDocumentation complete

Certifying statement correctCertifying statement correct

Electronic copy/translationsElectronic copy/translations

Agreement registered and publishedAgreement registered and published

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PublicationPublication

Monthly StatementMonthly Statement

Publication in United Nations Treaty Publication in United Nations Treaty Series Series http://untreaty.un.orghttp://untreaty.un.org

Publication Obligation:Publication Obligation:– Article 12 of the Regulations to give effect to Article 12 of the Regulations to give effect to

Article 102 (see Treaty Handbook p. 32)Article 102 (see Treaty Handbook p. 32)– Modified by A/153 of15 December 1997Modified by A/153 of15 December 1997

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Limited Publication PolicyLimited Publication Policy

Exceptions to publication Exceptions to publication in extensoin extenso: : – Assistance/cooperation agreements of limited Assistance/cooperation agreements of limited

scope: financial, commercial, administrative or scope: financial, commercial, administrative or technical matterstechnical matters

e.g. project agreements, World Bank bilateral financial e.g. project agreements, World Bank bilateral financial agreementsagreements

Agreements relating to the organization of Agreements relating to the organization of conferences, seminars or meetingsconferences, seminars or meetingsAgreements that are to be published Agreements that are to be published elsewhereelsewhere– E.g. IAEAE.g. IAEA

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Limited Publication Policy Limited Publication Policy

Lengthy lists of products attached to Lengthy lists of products attached to trade agreementstrade agreements

Agreements of the European Agreements of the European Communities are published only in Communities are published only in English and FrenchEnglish and French

Source:Source: Article 12(2) of the GA Article 12(2) of the GA regulations to give effect to Article regulations to give effect to Article 102 of the UN Charter102 of the UN Charter

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United Nations United Nations Treaty SeriesTreaty Series

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

All integral elements of an agreement All integral elements of an agreement including protocols, agreed minutes, including protocols, agreed minutes, attachments and mapsattachments and maps

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United Nations United Nations Treaty SeriesTreaty Series

Texts of agreements Texts of agreements registered and filed and registered and filed and recorded with the Secretariatrecorded with the Secretariat

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

Translations into English and Translations into English and FrenchFrench

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UNTS on the Internet UNTS on the Internet http://untreaty.un.orghttp://untreaty.un.org

Full texts of treaties and treaty actions with Full texts of treaties and treaty actions with textual component are available.textual component are available.– Including declarations, statements, reservations, Including declarations, statements, reservations,

etc. etc.

Search and retrieval capabilities for all Search and retrieval capabilities for all treatiestreatiesFacility to view, save and print the full texts Facility to view, save and print the full texts of treaties.of treaties.Full texts of multilateral treaties deposited Full texts of multilateral treaties deposited with the Secretary-General awaiting with the Secretary-General awaiting publication in the UNTSpublication in the UNTS

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Requirements for PublicationRequirements for Publication

Electronic copy (G.A. Res. A/RES/51/158 of 10 Jan. Electronic copy (G.A. Res. A/RES/51/158 of 10 Jan. 97)97)

Diskette or CD-ROM Diskette or CD-ROM

E-mail: E-mail: TreatyRegistration@un.orgTreatyRegistration@un.org

Courtesy translation in any of the Courtesy translation in any of the six official languages (preferably English/French)six official languages (preferably English/French)

Clean, legible hard copies. Clean, legible hard copies.

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Copyright © 2005 by the United Nations. Copyright © 2005 by the United Nations. All rights reserved. No part of this All rights reserved. No part of this publication may be reproduced, stored publication may be reproduced, stored in a retrieval system, or transmitted in in a retrieval system, or transmitted in any form by any means, electronic, any form by any means, electronic, mechanical, photocopying, recording, or mechanical, photocopying, recording, or otherwise without the prior written otherwise without the prior written permission of the United Nationspermission of the United Nations