1     INTRODUCTION

In his Millennium Report (A/54/2000), the Secretary-General of the United Nations noted that "[s]upport for the rule of law would be enhanced if countries signed and ratified international treaties and conventions". He further noted that many countries are unable to participate fully in the international treaty framework due to "the lack of the necessary expertise and resources, especially when national legislation is needed to give force to international instruments". In the same report, the Secretary-General called upon "... all relevant United Nations entities to provide the necessary technical assistance that will make it possible for every willing state to participate fully in the emerging global legal order".

The Millennium Summit was held at United Nations Headquarters, in New York, from 6 to 8 September 2000. Further to his commitment to the rule of law expressed in the Millennium Report, the Secretary-General invited all Heads of State and Government attending the Millennium Summit to sign and ratify treaties deposited with him. The response to the Secretary-General's invitation was positive. The Treaty Signature/Ratification Event was held during the Millennium Summit and a total of 84 countries, of which 59 were represented at the level of Head of State or Government, undertook 274 treaty actions (signature, ratification, accession, etc.) in relation to over 40 treaties deposited with the Secretary-General.

The Secretary-General is the depositary for over 500 multilateral treaties. The depositary functions relating to multilateral treaties deposited with the Secretary-General are discharged by the Treaty Section of the Office of Legal Affairs of the United Nations. The Section is also responsible for the registration and publication of treaties submitted to the Secretariat pursuant to Article 102 of the Charter of the United Nations. Article 102 provides that every treaty and every international agreement entered into by a Member of the United Nations, after entry into force of the Charter, shall be registered with and published by the Secretariat.

Further to the Secretary-General's commitment to advancing the international rule of law, this Handbook has been prepared as a guide to the Secretary-General's practice as a depositary of multilateral treaties, and to treaty law and practice in relation to the registration function. This Handbook is mainly designed for the use of Member States, secretariats of international organizations, and others involved in assisting governments on the technical aspects of participation in the multilateral treaties deposited with the Secretary-General, and the registration of treaties with the Secretariat under Article 102. It is intended to promote wider State participation in the multilateral treaty framework.

This Handbook commences with a description of the depositary function, followed by an overview of the steps involved in a State becoming a party to a treaty. The following section highlights the key events of a multilateral treaty, from deposit with the Secretary-General to termination. Section 5 outlines the registration and filing and recording functions of the Secretariat, and how a party may go about submitting a treaty for registration or filing and recording. The final substantive section, section 6, contains practical hints on contacting the Treaty Section on treaty matters, and flow charts for carrying out various common treaty actions. Several annexes appear towards the end of this Handbook, containing various sample instruments for reference in concluding treaties or performing treaty actions. A glossary listing common terms and phrases of treaty law and practice, many of which are used in this Handbook, is also included.

Treaty law and its practice are highly specialized. Nevertheless, this publication attempts to avoid extensive legal analyses of the more complex areas of the depositary and registration practices. Many of the complexities involving the depositary practice are addressed in the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties (ST/LEG/7/Rev.1). The Repertory of Practice of United Nations Organs (volume V, New York, 1955, and Supplements 1-6) is also a valuable guide to the two practices. This Handbook is not intended to replace the Summary of Practice or the Repertory of Practice.

Readers are encouraged to contact the Treaty Section of the Office of Legal Affairs of the United Nations with questions or comments about this Handbook. This publication may need further elaboration and clarification in certain areas, and the views of readers will be invaluable for future revisions.