Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties

United Nations
Treaty Collection

ST/LEG/7/Rev. 1

_______________________________________________________________________________________________ _______________________________________________________________________________________________

SUMMARY OF PRACTICE OF THE SECRETARY-GENERAL

AS DEPOSITARY OF MULTILATERAL TREATIES

Prepared by the Treaty Section of the

Office of Legal Affairs

UNITED NATIONS
New York, 1999

Errata

Para. 43 - The final sentence (starting at line 15) should be deleted.

Para. 79 - The second sentence (starting at line 4) should read as follows:

"However, a difficulty has occurred as to possible participation in treaties when entities which appeared otherwise to be States could not be admitted to the United Nations, nor become parties to the Statute of the International Court of Justice owing to the opposition of a permanent member of the Security Council."

Para. 84 - Second sentence (at line 5) . After the word "Brunei", add the word "Darussalam".

Para. 86 - The third sentence (starting at line 8) should be deleted.

Para. 87 - Third sentence (line 6). After "2 April 1947" the remainder of the sentence should be deleted.

Para. 89 - The third sentence (starting at line 12) should read as follows:

"However, this is without effect on the capacity of the Federal Republic of Yugoslavia (Serbia and Montenegro) to participate in treaties deposited with the Secretary- General subject to any decision taken by a competent organ representing the international community of States as a whole or by a competent treaty organ with regard to a particular treaty or convention."

Para. 97 - The penultimate sentence (starting at line 14) should read as follows:

"Should entities in this category attain independence and become fully fledged States, their status will change accordingly."

Paras. 176 (line 8), 178 (line 6) and 211 (line 3) - The word "passing" and "pass" should be followed by the word "judgement".

Para. 297 should read as follows:

"In the absence of provisions which set specific conditions for succession or which otherwise restrict succession, the Secretary-General is guided by the participation clauses of the treaties as well as by the general principles governing the participation of States (see chap. V) . The independence of the new successor State, which then exercises its sovereignty on its territory, is without effect on the treaty rights and obligations of the predecessor State in its own (remaining) territory. Thus, after the separation of parts of the territory of the Union of Soviet Socialist Republics (which became independent States) , the Russian Federation continued all treaty rights and obligations of the predecessor State. 170/ "*

Para. 298 - The second sentence (starting on line 1) should read as follows:

"Such was the case when the Czech Republic and Slovakia were formed upon the agreed dissolution of Czechoslovakia, which consequently ceased to exist."

Annex XVII - Date of ratification: The date in the French text should read "(19 juillet 1994)."

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*The correction, inter alia, includes the deletion of the final two sentences of the original paragraph.

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GENERAL TABLE OF CONTENTS

	Page
Chapter I. Introduction ...............................................................	1
Chapter II. General aspects of depositary functions.......................	3
Chapter III. Original text ...............................................................	11
Chapter IV. Certified copies..........................................................	18
Chapter V. States and international organizations which may become parties.........................................................	21
Chapter VI. Full powers and signatures .........................................	31
Chapter VII. Deposit of binding instruments ....................................	36
Chapter VIII.Reservations, objections, declarations .........................	49
Chapter IX. Entry into force .........................................................	66
Chapter X. Amendments, extension, suspension and termination of a treaty ..............................................	75
Chapter XI. Territorial application ..................................................	80
Chapter XII. Successions to treaties ..............................................	86
Chapter XIII. Depositary notifications by the Secretary-General........	92
Annexes ......................................................................................	103

_________________

* The revised and updated version of this title originally appeared under the symbol ST/LEG/8.

TABLE OF CONTENTS

Chapter	Paragraphs	Page
I. INTRODUCTION ...............................................................	1 - 8	1
II. GENERAL ASPECTS OF DEPOSITARY FUNCTIONS .........	9 - 37	3
A. Background .............................................................	9 - 11	3
B. Designation of the depositary and determination of his functions .............................................................	12 - 27	3
1. General principles .............................................	12 - 14	3
2. Joint depositaries ..............................................	15 - 19	4
3. Transfer of depositary functions .........................	20 - 21	5
4. Successive depositaries of related treaties ..........	22	6
5. Deposit with the Secretary-General of the instruments of acceptance of amendments to the Charter of the United Nations .......................	23 - 26	6
6. No official other than the Secretary-General may be depositary; actual discharge of functions entrusted to the office of Legal Affairs of the United Nations Secretariat .................................	27	7
C. Acceptance of depositary functions by the Secretary-General ....................................................	28 - 30	7
1. General principles .............................................	28 - 29	7
2. Exceptions .......................................................	30	8
D. Extended scope of depositary functions .....................	31 - 35	8
1. Distinction between depositary and administrative functions .....................................	31 - 33	8
2. Providing legal opinions and treaty information........................................................	34 - 35	9
E. Assumption of depositary duties in regard to treaties deposited with the League of Nations ..........................	36 - 37	9
III. ORIGINAL TEXT ...............................................................	38 - 62	11
A. Preparation of the original ..........................................	38 - 47	11
1. General principles ........................................	38 - 39	11
2. Authentic languages ...... ....................................	40 - 42	11
3. Multilingual title pages and signature pages ..........	43 - 44	12
4. Subsequent authentic texts .................................	45 - 47	13
B. Correction of errors or of a lack of concordance in the original of a multilateral treaty ............................	48 - 62	13
1. Identification of errors .........................................	48 - 49	13
2. Communication of the proposed corrections to States ................................................................	50 - 52	14
3. Procedure relating to the acceptance of proposed corrections .........................................................	53 - 54	15
4. Time-limit for objections to proposed corrections ...	55 - 58	15
5. Procés-verbal of correction of the original .............	59	16
6. Simplified procedure ...........................................	60	16
7. Legal effects of objections to proposed corrections .........................................................	61 - 62	17
IV. CERTIFIED COPIES ........................................................	63 - 72	18
A. Purpose ...................................................................	63	18
B. Contents and preparation ..........................................	64	18
C. Format of the certification .........................................	65 - 67	18
D. Absence of an original text ........................................	68 - 69	19
E. Recipients of certified copies ....................................	70 - 71	20
F. Correction of errors ..................................................	72	20
V. STATES AND INTERNATIONAL ORGANIZATIONS WHICH MAY BECOME PARTIES ......................................	73 - 100	21
A. General principles ........	73 - 78	21
B. The "Vienna formula"; the "all States formula"; the practice of the General Assembly .........................	79 - 83	22
1. The "Vienna formula ..........................................	79 - 80	22
2. The "all States formula" ......................................	81	23
3. The practice of the General Assembly ................	82 - 83	23
C. Applications of the practice of the General Assembly ..	84 - 89	24
1. Colonial countries upon independence ...............	84	24
2. Cook Islands ....................................................	85 - 86	24
3. Marshall Islands ................................................	87	25
4. States not meeting the "Vienna formula" requirements ....................................................	88 - 89	25
D. United Nations Council for Namibia ...........................	90	26
E. Regional agreements ................................................	91 - 94	26
F. Participation by non-independent entities ....................	95 - 97	27
G. International organizations..........................................	98 - 99	28
H. Liberation movements ...............................................	100	29
VI. FULL POWERS AND SIGNATURES ..................................	101 - 119	31
A. Authorities representing the State without full powers ...	101	31
B. Authorities issuing the full powers: specific and general full powers ....................................................	102 - 103	31
C. Formalities for which full powers are required .............	104 - 107	31
D. Verifications ............................................................	108 - 115	32
E. Opening for signature ...............................................	116 - 119	33
VII. DEPOSIT OF BINDING INSTRUMENTS .............................	120 - 160	36
A. Issuing authorities ....................................................	121 - 127	36
1. General principles..............................................	121 - 123	36
2. State representing another State ........................	124 - 127	36
B. Form and contents of the instruments ........................	128 - 133	38
C. Time-limits for deposit ..............................................	134 - 138	40
D. Place, method, effective date and acknowledgment of deposit ....................................................................	139 - 143	41
1. Place and method .............................................	139 - 141	41
2. Date of deposit .................................................	142	41
3. Acknowledgment of deposit................................	143	42
E. Instrument in respect of only part of a treaty ...............	144 - 146	42
F. Notifications .............................................................	147 - 155	43
1. General principles .............................................	147	43
2. Notifications providing information ......................	148	43
3. Notifications in the nature of instruments..............	149	43
4. Subsequent notifications by States extending the scope of application ....................................	150 - 154	44
5. Subsequent notifications by States limiting the scope of application ....................................	155	45
G. Secondary effects of the deposit of an instrument .......	156	46
H. Withdrawal of an instrument ......................................	157 - 159	47
I. Denunciation of a treaty ...........................................	160	47
VIII.RESERVATIONS, OBJECTIONS, DECLARATIONS ............	161 - 220	49
A. Definition of the term "reservation" .............................	161	49
B. Main issues raised by reservations ............................	162 - 167	49
C. Practice of the Secretary-General as depositary prior to 1952, as concerns treaties silent as to reservation ...	168 - 172	50
D. Depositary practice recommended by the General Assembly in resolutions 598 (VI) and 1452 B (XIV) in respect of treaties silent as to reservations ..............	173 - 188	52
1. Background.......................................................	173 - 176	52
2. Practice of the Secretary-General after the adoption ofresolution 599 (VI).............................	177 - 187	52
(a) In general ...............................................	177 - 181	52
(b) In case of objections to participation by another State and of objections to territorial applications................................	182 - 183	54
(c) Practice as concerns the determination of the entry into force of a treaty ...................	184 - 187	54
3. Practice after the adoption of resolution 1452 B (XIV).....................................................	188	56
E. Practice of the Secretary-General, as depositary, in respect of treaties that contain provisions as to reservations .............................................................	189 - 196	56
1. General principles .....	189 - 193	56
2. Determination of whether the statement accompanying the instrument is a reservation.......	194 - 196	57
F. Special practice in respect of reservations to constitutive acts of international organizations .............	197 - 203	59
1. International organizations in general....................	197 - 198	59
2. The specialized agencies of the United Nations.....	199 - 203	60
G. Reservations made after the deposit of the related instrument ................................................................	204 - 207	61
1. General principles...............................................	204	61
2. Practice of the Secretary-General as depositary.........................................................	205 - 206	61
3. Notifications constituting authorized subsequent reservations ......................................................	207	62
H. Reservations made upon signature..............................	208 - 209	62
1. General principles..............................................	208	62
2. Effect of reservations made upon signature...........	209	62
I. Objections to reservations ...........................................	210 - 215	62
1. General principles...............................................	210	62
2. The Vienna Convention system............................	211	63
3. Practice of the Secretary-General........................	212 - 215	63
J. Withdrawal of reservations and objections ...................	216	64

K. Declarations .........................................................................	217 - 220	64
1. General principles ............................................................	217	64
2. Practice of the Secretary-General .....................................	218 - 220	65
IX. ENTRY INTO FORCE ............................................................	221 - 247	66
A. Initial entry into force .......................................................	222 - 242	66
1. Entry into force on a set date........................................	223	66
2. Entry into force under conditions and a date determined according to provisions of the treaty ............	224 - 232	66
3. Calculation of the number of instruments .......................	233 - 235	69
4. Calculation of the effective date of initial entry into force ..........................................................................	236	70
5. Provisional entry into force .........................................	237 - 241	70
6. Procés-verbal of entry into force ..................................	242	72
B. Subsequent entry into force for additional parties ..............	243 - 247	72
1. Provisions concerning entry into force ........................	243	72
2. Calculation of effective date for instruments of ratification, acceptance and accession deposited after entry into force ..........................................................	244 - 247	72
X. AMENDMENTS, EXTENSION, SUSPENSION AND TERMINATION OF A TREATY ..............................................	248 - 262	75
A. Amendments .................................................................	248 - 255	75
1. Under procedures provided for in the treaty ................	248 - 251	75
(a) Amendments deemed accepted upon approval by a number of parties ................................................	249	75
(b) Amendments decided by a governing body ...........	250	75
(c) Amendments effected pursuant to a revision procedure ..........................................................	251	76
2. In the absence of provisions concerning amendments ..	252 - 255	76
B. Duration, extension (prorogation) and suspension or termination of a treaty .......................................................	256 - 262	77
1. Duration ......................................................................	256	77
2. Extension (prorogation) ................................................	257 - 258	78
3. Suspension, termination ...............................................	259 - 262	78
XI. TERRITORIAL APPLICATION .................................................	263 - 285	80
A. Background ......................................................................	263 - 265	80
B. Treaties which include clauses concerning territorial application ........................................................................	266 -272	80
1. General principles ....................................................	266 - 268	80
2. Practice of the Secretary-General when there are territorial clauses .........................................................	269 - 271	81
3. "Federal clauses" (territorial units) ................................	272	82
C. Absence of territorial clauses .............................................	273 - 285	83
1. General principles .........................................................	273 - 278	83
2. Declaration of non-application ........................................	279 - 280	84
3. Declaration of application in respect of certain Territories only .............................................................	281	84
4. Declaration of territorial application made subsequently to the deposit of the instrument ..................	282 - 283	84
5. Reservations as to the scope of the territorial application ...................................................................	284 - 285	85
XII. SUCCESSIONS TO TREATIES ............................................	286 - 310	86
A. Background, definitions and general principles ..................	286 - 291	86
1. Background ...............................................................	286 - 287	86
2. Definitions .................................................................	288	86
3. General principles ......................................................	289 - 291	87
B. Participation of new States in treaties ...............................	292 - 293	87
C. Participation by succession ............................................	294 - 302	88
1. When there are provisions relating to succession in the treaty ........................................................................	294 - 296	88
2. In the absence of provisions relating to succession .......	297 - 301	89
3. Reservations withdrawn or made upon succession ........	302	90
D. "General" declarations of succession ...............................	303 - 307	90
E. Devolution agreements ....................................................	308 - 310	91
XIII. DEPOSITARY NOTIFICATIONS BY THE SECRETARY-GENERAL ................	311 - 316	92
Annexes
I. Table of contents of the publication Multilateral Treaties Deposited with the Secretary-General (ST/LEG/SER.E/-) [as at 31 December 1994]		104
II. Text of article 77 of the Vienna Convention on the Law of Treaties .........................................................................................................		120
III.Example of depositary notification pursuant to the adoption of amendments by a review conference ..................................................		121
IV. Example of depositary notification pursuant to the establishment by the Secretary-General of an authentic text and its adoption under the 90 days' procedure.............................................................................		122
V. Example of depositary notification pursuant to the establishment by the Secretary-General of a convention amended by a subsequent protocol .............................................................................................		123
VI. Example of depositary notification transmitting proposed corrections to the original text of a treaty under the 90 days' procedure ..		124
VII. Procés-verbal concerning the rectification of the text of a treaty ...............................................................................................		125
VIII.Example of depositary notification concerning the correction of Regulations annexed to the Agreement concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts ..............................................		126
IX. Model of certification of the copies of a treaty .........................		127
X. Example of depositary notification by which certified copies are transmitted to the States and organizations concerned .........................		128
XI. Example of full powers ............................................................		129
XII. Example of general full powers ..............................................		130
XIII. Example of depositary notification pursuant to the signature of a treaty (with reservations and declarations) ........................................		131
XIV. Example of depositary notification concerning the opening for signature of a treaty............................................................................		132
XV. Example of confirmation of the competence of an official other than the Head of State or Government or the Minister for Foreign Affairs to bind his State.................................................................................		133
VI. Examples of binding instruments .............................................		134
XVII. Example of notice in the Journal of the United Nations ...........		135
XVIII. Example of depositary notification concerning the deposit of an instrument of ratification and specifying the date of entry into force of the treaty for the State concerned .......................................................		136
XIX. Example of depositary notification specifying the participation in a treaty by virtue of the deposit of an instrument in respect of another treaty ..............................................................................................		137
XX. General Assembly resolution 598 (VI) ....................................		138
XXI. General Assembly resolution 478 (V) 139 ..............................		139
XXII. Excerpt from Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, Advisory Opinion of 28 May 1951: I.C.J. Reports, 1951, p. 29 ........................................		140
XXIII. Example of depositary notifications in connection with reservations or declarations made after the deposit of the corresponding instrument .........................................................................................		141
XXIV. Example of depositary notification in connection with the entry into force of a treaty .................................................................		144
XXV. Example of depositary notification in connection with the territorial extension of a treaty .............................................................		145
XXVI. Example of depositary notification pursuant to the deposit of an instrument of succession ...............................................................		146
XXVII. Example of depositary notification in connection with the deposit of an instrument of succession with different reservations than those made by the predecessor State .................................................		147
XXVIII. Example of a "general', declaration of succession circulated by the Secretary-General ....................................................................		148

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Chapter I

INTRODUCTION

1. The number of multilateral agreements deposited with the Secretary-General totaled 436 as at 31 December 1993. In addition, the Secretary-General also exercises the function of depositary with respect to the treaties that had been deposited with the Secretary-General of the League of Nations (see para. 36) . Thus, the Secretary-General is, on a worldwide basis, the principal depositary of treaties. Volume V of the Repertory of Practice of United Nations Organs, ^1/ in the section dealing with Article 98 of the Charter of the United Nations, contains certain comments regarding the depositary functions of the Secretary-General.

2. The purpose of the present summary is to highlight the main features of the practice followed by the Secretary-General in this field in the daily exercise of his functions. A number of annexes follow the main body of the text, containing models of instruments, depositary notifications by the Secretary-General, etc. This volume supersedes the previous "Summary of practice of the Secretary-General as depositary of multilateral agreements" (ST/LEG/7).

3. Multilateral agreements do not remain static and the depositary is frequently required to solve problems that arise. Changes in the structure of States, the emergence of new States exercising full sovereignty and the establishment of a growing number of international organizations have also had repercussions in the field of multilateral agreements.

4. It will therefore be seen that the Secretary-General's practice has evolved over time as a result of efforts to find more satisfactory solutions in the light of experience or of actions by an organ of the United Nations or in response to comments from Governments.

5. The structure of the present summary follows the usual chronology of the functions to be performed by the depositary from the time of conclusion of the treaty. Each phase is dealt with in a separate chapter, where the problems involved, the solutions adopted and the current practice are described.

6. It must be borne in mind, however, that many of the various aspects of depositary functions are intimately interlinked. For example, full powers must emanate from those same authorities that validly establish instruments of ratification. Thus, while the specific aspects of full powers will be dealt with in one chapter, the practice and requirements concerning the deposit of instruments, as described in a subsequent chapter, also applies, mutatis mutandis, to full powers. In the same manner, the specific problems raised by successions to treaties will be discussed in one chapter, but the practice concerning the receivability and deposit of instruments on a general level, as described in the relevant chapter, also apply, mutatis mutandis, to successions. Another example of this interrelationship would be the case where the Secretary-General, as depositary, would have to refuse the deposit of an instrument when it includes reservations that are prohibited by the treaty. In that case, the practice on reservation, as described in the relevant chapter, would have an impact on the receivability of the instrument. Cross-references have therefore been inserted, but not exhaustively. The above-mentioned interrelations should therefore always be kept in mind.

7. Mention should be made of the publication Multilateral Treaties Deposited with the Secretary-General (ST/LEG/SER.E/-18). This is a yearly publication that gives the status of all such treaties as at 31 December of each year. This publication covers: (a) all multilateral treaties, the originals of which are deposited with the Secretary-General; (b) the Charter of the United Nations, in respect of which certain depositary functions have been conferred upon the Secretary-General (although the original of the Charter itself is deposited with the Government of the United States of America; c) multilateral treaties formerly deposited with the Secretary-General of the League of Nations or other depositaries, to the extent that subsequent formalities or decisions affecting them have been taken within the framework of the United Nations; and (d) certain pre-United Nations treaties, other than those formerly deposited with the Secretary-General of the League, which were amended by protocols adopted by the General Assembly of the United Nations.

8. In the publication, and for each treaty, participants are listed alphabetically, along with the dates of their signature and deposit of their instrument of ratification, accession, etc. The text of declarations, reservations and objections is also included after the list of participants. The same applies to communications of a special nature such as declarations recognizing the competence of committees such as the Human Rights Committee or the Committee against Torture and notifications under article 4 (3) of the Covenant on Civil and Political Rights, notifications of territorial application and related communications, including declarations with respect to objections. A number of notes to the present summary refer to the said publication, where the text of relevant reservations, objections, explanatory notes, etc., may be found. For the table of contents of the publication, see annex I.

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Chapter II

GENERAL ASPECTS OF DEPOSITARY FUNCTIONS

A. Background

9. The practice of designating a "depositary" of multilateral treaties came into being as a result of the increasing number of parties to multilateral agreements. The General Assembly has not laid down a precise definition of the term "treaty". ^2/ The Vienna Convention on the Law of Treaties, sometimes called "the Vienna Convention", ^3/ in its article 2, proposes the following definition:

"'Treaty' means an international agreement concluded ... 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."

10. In the present summary, the term "agreement" shall be understood to mean a treaty, an "international multilateral agreement or convention", etc. Unless precluded by the context, the term "State" may also apply to an international organization when appropriate. As to the parties, a treaty may be concluded between States, and also between States and international organizations or between international organizations, as provided for in the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. ^4/ The term "international organization" is understood to mean an intergovernmental organization as provided for in article 1, paragraph 1 (1), of the Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character. ^5/Although those definitions were given within specific frameworks, they reflect the general consensus on the matter. When a multilateral treaty provided for its subsequent ratification, the relevant instruments by the parties were, in the past, "exchanged", as is the case with bilateral treaties.

11. In view of the growing complexity of these procedures, the practice of designating a "depositary" was initiated. The treaty was prepared and signed in one copy only, which was entrusted to one of the parties, usually the State that had hosted the Conference at which the treaty had been adopted; and this depositary in turn prepared certified copies for all the parties. In addition, the depositary, inter alia, verifies the acceptability of signatures and instruments (or documents of a similar nature) and of related reservations, declarations, etc., and duly informs the parties concerned, through depositary notifications, of such actions, and also of the entry into force of the treaties.

B. Designation of the depositary and determination of his functions

1. General principles

12. The depositary is normally designated by the treaty. In the past, only States were depositaries. However, with the establishment first of the League of Nations and later of the United Nations and its specialized agencies, these and other organizations have been increasingly entrusted with depositary functions.

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13. As concerns the Secretary-General, a practice evolved concerning the specific methods and procedures according to which the Secretary-General, as depositary, would perform his duties, which could include customary functions not specifically provided for under the treaty concerned. In most of its aspects the Secretary-General's practice was in essence codified 6/ by relevant! provisions of the Vienna Convention on the Law of Treaties of 23 May 1969, which entered into force on 27 January 1980 3/ and to which 74 States were parties as at 31 December 1993. The Secretary-General's present practice, though differing somewhat from that described in the Convention (see annex II), does take into account the most relevant provisions of the Vienna Convention as regards the usual functions of a depositary. Accordingly, the parties to a number of subsequent treaties have therefore not considered it necessary specifically to list the various functions of the Secretary-General as depositary. Such a listing may not always be exhaustive in any event, and these parties have simply designated the Secretary-General as depositary, on the understanding that he would perform all necessary duties in line with past practice and as outlined ir the Vienna Convention.

14. As will be seen below, the Secretary-General, in the performance of his depositary duties, is guided by:

(a) The provisions of the treaty;

(b) Customary treaty law, including as it may be deemed codified by various conventions on the matter;

c) The general principles flowing from pertinent resolutions or decisions of the General Assembly and other organs of the United Nations, specifically from General Assembly resolution 478 (V) of 16 November 1950.

2. Joint depositaries

15. In a few instances, for example, in the Treaty on the Non-Proliferation of Nuclear Weapons, opened for signature in London, Moscow and Washington on I July 1968, ^7/ several depositaries have been appointed jointly, but the Secretary-General has never shared depositary duties.

16. When it was contemplated that the depositary functions pertaining to the Customs Convention on Containers, 1972, might be exercised jointly by the Secretary-General of the then Customs Cooperation Council and the Secretary-General, the Secretary-General conducted a review of possible precedents. The only instance of depositary functions exercised "jointly" by the Secretary-General and another depositary appeared to be that of the Convention on the Privileges and Immunities of the Specialized Agencies, ^8/ section 42 of which provides that States not members of the United Nations may accede in respect of an agency by depositing an instrument, either with the Secretary-General or with the head of the agency. Moreover, the "joint" depositary functions of a head of agency are limited to that specific agency. This provision was probably included for the same reasons as those that justified the "Vienna formula" see para. 79 below). In practice, the only time this provision was applied was when Nepal, prior to its becoming a member of the United Nations, deposited an instrument in respect of the World Health organization. ^9/ Accordingly, the Secretary-General concluded that such a joint exercise of depositary function was not desirable since, apart from duplication of work, it might lead to unnecessary complications resulting from possible differences in the

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depositaries, practice. It was accordingly decided that the existing practice in this respect should be continued.

17. Although the Secretary-General is the only depositary proper of the Convention on the International Maritime Organization, that Convention provides for a somewhat complicated procedure as regards the amendment of the Convention. The notifications of acceptance of amendments must be made not with the Secretary-General of the United Nations, but with the Secretary-General of the International Maritime organization, who then informs its members of the receipt of the notifications. However, the Secretary- General of the International Maritime organization must then also transmit the notifications of acceptance of the amendments to the Secretary- General of the United Nations, and it is only the formal deposit with the Secretary- General that produces a legal effect, thus demonstrating that indeed the Secretary-General is the only depositary of the Convention.

18. A somewhat similar situation exists as concerns the Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms of 29 October 1971, ^10/ where the Secretary-General does not himself notify States parties, by means of a depositary notification, of the actions (signature, deposit of instruments, etc.) taken by States in respect of the Convention, but instead informs the Director-General of the World Intellectual Property Organization, who is the one who notifies the parties. But here again, the Director -General of the world intellectual Property Organization acts in an ancillary fashion, since all depositary functions proper (custody of the original, issuance of certified copies, signatures, deposit of instruments, etc.) are performed by or with the Secretary- General.

19. It may also happen that a treaty will provide that it shall be open for signature, usually for a period of time, outside United Nations Headquarters. Thus, for example, the Vienna Convention on the Law of Treaties was open for signature from 23 May 1969 to 30 November 1969 at the Federal Ministry of Foreign Affairs of Austria, and only subsequently at United Nations Headquarters. Yet this authority to receive signatures is also of an ancillary nature and not evidence of co-depositary functions (see para. 116 below).

3. Transfer of depositary functions

20. On the other hand, depositary duties initially entrusted to the Secretary-General have occasionally been subsequently transferred to another depositary under provisions of the agreement itself, such as paragraphs 19 c) and 20 of the Terms of Reference of the International Nickel Study Group. ^11/

21. Conversely, depositary functions entrusted to a State have been transferred to the Secretary-General. Thus, for example, the functions exercised by the French Government under the International Agreement of 4 May 1904 and the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic and the International Agreement of 4 May 1910 for the Suppression of obscene Publications were transferred to the Secretary-General in accordance with Economic and Social Council resolution 82 (V) of 14 August 1947. The Secretary-General has also assumed the depositary functions previously performed by the Secretary-General of the League of Nations (see para. 36 below).