United
Nations
Treaty
Collection
Monthly Statement of Treaties and International Agreements |
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Note
by the Secretariat
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1. Under
Article 102 of the Charter of the United Nations every treaty and every
international agreement entered into by a Member of the United Nations
after the coming into force of the Charter must be registered with the
Secretariat and published by it. The General Assembly, by Resolution 97
(I) of 14 December 1946, adopted Regulations to give effect to Article
102 of the Charter. These Regulations were amended on 19 December
1978 ("the Regulations") and most recently by the General Assembly Resolution A/RES/52/153 of 15 December 1997.
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2. Under
article 1 of the Regulations, parties are required to effect the registration
of every treaty or international agreement subject to registration concluded
by them. Under article 4 of the Regulations, the United Nations is required
to register ex officio every treaty or international agreement which is
subject to registration where the United Nations (i) is a party to the
treaty or agreement, (ii) has been authorized by a treaty or agreement
to effect registration, or (iii) is the depositary of a multilateral treaty
or agreement. The specialized agencies may also register treaties in certain
specific cases. The Regulations also provide in article 10 for the filing
and recording of certain categories of treaties and international agreements
other than those subject to registration under Article 102 of the Charter.
The Secretariat is designated in Article 102 as the organ with which registration
or filing and recording is effected.
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3. The
monthly Statement of Treaties and International Agreements (hereafter "the Statement") is issued monthly by the Treaty Section of the Office of Legal Affairs of the
Secretariat pursuant to article 13 of the Regulations prior to the publication of treaties registered pursuant to Article 102 of the Charter.
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4. Part
I contains a statement of treaties and international agreements registered
in accordance with article 1 of the Regulations. Part II contains a statement
of treaties and international agreements filed and recorded in accordance
with article 10 of the Regulations. With regard to each treaty or international
agreement registered or filed and recorded, the following information is
provided: registration or recording number, title, date of conclusion,
date and method of entry into force, languages in which it was concluded,
name of the authority which initiated the formality of registration or
filing and recording and date of that formality. Annexes to the Statement
contain subsequent actions concerning treaties and international agreements
registered or filed and recorded with the Secretariat of the United Nations
or registered with the Secretariat of the League of Nations. These actions
can be in the form of supplementary agreements, agreements which amend
or modify previously registered agreements, or certified statements. Certified
statements are composed of data only, such as ratifications, accessions,
etc.
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5. Under
Article 102 of the Charter and the Regulations, the Secretariat is responsible
for the registration and publication of treaties. In respect of ex officio
registration and filing and recording, where the Secretariat has responsibility
for initiating action under the Regulations, it has authority for dealing
with all aspects of the responsibility.
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6. In
other cases, when treaties and international agreements are submitted by
a party for the purpose of registration or filing and recording, they are
first examined by the Secretariat in order to ascertain (i) whether they
fall within the category of agreements requiring registration or are subject
to filing and recording, and (ii) whether the technical requirements of
the Regulations are met. It is noted that an authoritative body of practice
relating to registration has been developed in the League of Nations and
the United Nations. In some cases, the Secretariat may find it necessary
to consult with the registering party concerning the question of registrability.
However, since the terms "treaty" and "international agreement" have not
been defined in the Charter or in the Regulations, the Secretariat follows
the principle of respecting the position of the Member State submitting
an instrument for registration that in so far as that party is concerned
the instrument is a treaty or an international agreement within the meaning
of Article 102. Therefore registration of an instrument submitted by a
Member State does not imply a judgement by the Secretariat on the nature
of the instrument, the status of a party, or any similar question. It is
the understanding of the Secretariat that its action does not confer on
the instrument the status of a treaty or an international agreement if
it does not already have that status and does not confer on a party a status
which it would not otherwise have.
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7. The
obligation to register rests on the Member State and the purpose of Article
102 of the Charter is to give publicity to all treaties and international
agreements subject to registration. Under paragraph 2 of Article 102, no
party to a treaty or international agreement subject to registration, which
has not been registered, may invoke that treaty or agreement before any
organ of the United Nations.
Publication
of treaties and international agreements
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8. Pursuant
to article 12 of the Regulations, treaties and international agreements
registered or filed and recorded are published in the United Nations Treaty
Series (UNTS) in their original language or languages, together with a
translation in English and French, as necessary. By its resolution 33/141
A of 19 December 1978, the General Assembly gave the Secretariat the option
not to publish in extenso certain categories of bilateral treaties or international
agreements belonging to one of the following categories:
(a) Assistance and co-operation agreements of limited scope concerning
financial,
commercial, administrative or technical matters;
(b) Agreements relating to the organization of conferences, seminars
or meetings;
(c) Agreements that are to be published otherwise than in the UNTS
by the United
Nations Secretariat or by a specialized or related agency.
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9.
By
its Resolution A/RES/52/153 of 15 December 1997, the General Assembly extended
this option to multilateral treaties falling within the terms of article
12 (2) (a) to (c).
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10.
In accordance with article 12 (3) of the Regulations, those treaties and
international agreements that the Secretariat intends not to publish in
extenso are identified in the Statement by an asterisk preceding the title.
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