Hand Book On Treaty Law

Treaty Handbook
Prepared by the Treaty Section of the Office of Legal Affairs
United Nations
UNITED NATIONS PUBLICATION

Sales No. E.12.V.1
eISBN-13 978-92-1-055293-6
Disclaimer
This Handbook is provided for information only and does not constitute formal legal or
other professional advice. Readers may wish to seek such advice before taking action in
relation to matters described in this Handbook or otherwise relying on the information
contained herein. The United Nations assumes no liability for actions undertaken in
reliance on the information contained in this Handbook.
Copyright United Nations 2002-2012

Revised edition of 2012
All rights reserved. No part of this publication may be reproduced, stored in a retrieval
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photocopying, recording or otherwise, without the prior written permission of the United
Nations.
TABLE OF CONTENTS
Key events in a multilateral treaty ...................................................................... 21

4.1
Overview ................................................................................................... 21
4.2
Entry into force ......................................................................................... 22
4.2.1
Definitive entry into force ................................................................... 22
4.2.2
Entry into force for a State .................................................................. 23
4.2.3
Provisional entry into force................................................................. 23
4.3
Dispute resolution and compliance mechanisms ...................................... 24
4.4
Amendments ............................................................................................. 25
4.4.1
Amending treaties that have entered into force .................................. 25
4.4.2
Amending treaties that have not entered into force ............................ 26
4.4.3
Determining the date on which an amendment enters into force........ 27
4.5
Withdrawal and denunciation ................................................................... 27
4.6
Termination ............................................................................................... 28
Registering or filing and recording treaties ...................................................... 29

Article 102 of the Charter of the United Nations ...................................... 29
Regulations to give effect to Article 102 .................................................. 29
Meaning of "treaty" and "international agreement" under Article 102 .... 30
Role of the Secretariat......................................................................... 30
Form .................................................................................................... 30
Parties.................................................................................................. 30
Intention to create legal obligations under international law .............. 31
Types of registration, filing and recording ............................................... 31
Registration with the Secretariat ......................................................... 31
Filing and recording by the Secretariat ............................................... 32
Ex officio registration by the United Nations ...................................... 33
Types of agreements registered or filed and recorded .............................. 33
Multilateral treaties ............................................................................. 33
Bilateral treaties .................................................................................. 33
Unilateral declarations ........................................................................ 33
Subsequent actions, modifications and agreements ............................ 34
Requirements for registration ................................................................... 34
Outcome of registration or filing and recording ....................................... 37
Database and record ............................................................................ 37
Date of effect of registration ............................................................... 37
Certificate of registration .................................................................... 38
Publication .......................................................................................... 38
5.1
5.2
5.3
5.3.1
5.3.2
5.3.3
5.3.4
5.4
5.4.1
5.4.2
5.4.3
5.5
5.5.1
5.5.2
5.5.3
5.5.4
5.6
5.7
5.7.1
5.7.2
5.7.3
5.7.4
6
6.1
6.1.1
6.1.2
6.1.3
6.1.4
6.2
6.3
Contacts with the Treaty Section: Procedural Information............................... 41

General information .................................................................................. 41
Contacting the Treaty Section............................................................. 41
Functions of the Treaty Section .......................................................... 41
Delivery of documents for deposit ...................................................... 41
Translations ......................................................................................... 41
Signing a multilateral treaty ...................................................................... 42
Ratifying, accepting, approving or acceding to a multilateral treaty ........ 43
ii
TABLE OF CONTENTS
Key events in a multilateral treaty ...................................................................... 21

4.1
Overview ................................................................................................... 21
4.2
Entry into force ......................................................................................... 22
4.2.1
Definitive entry into force ................................................................... 22
4.2.2
Entry into force for a State .................................................................. 23
4.2.3
Provisional entry into force................................................................. 23
4.3
Dispute resolution and compliance mechanisms ...................................... 24
4.4
Amendments ............................................................................................. 25
4.4.1
Amending treaties that have entered into force .................................. 25
4.4.2
Amending treaties that have not entered into force ............................ 26
4.4.3
Determining the date on which an amendment enters into force........ 27
4.5
Withdrawal and denunciation ................................................................... 27
4.6
Termination ............................................................................................... 28
Registering or filing and recording treaties ...................................................... 29

Article 102 of the Charter of the United Nations ...................................... 29
Regulations to give effect to Article 102 .................................................. 29
Meaning of "treaty" and "international agreement" under Article 102 .... 30
Role of the Secretariat......................................................................... 30
Form .................................................................................................... 30
Parties.................................................................................................. 30
Intention to create legal obligations under international law .............. 31
Types of registration, filing and recording ............................................... 31
Registration with the Secretariat ......................................................... 31
Filing and recording by the Secretariat ............................................... 32
Ex officio registration by the United Nations ...................................... 33
Types of agreements registered or filed and recorded .............................. 33
Multilateral treaties ............................................................................. 33
Bilateral treaties .................................................................................. 33
Unilateral declarations ........................................................................ 33
Subsequent actions, modifications and agreements ............................ 34
Requirements for registration ................................................................... 34
Outcome of registration or filing and recording ....................................... 37
Database and record ............................................................................ 37
Date of effect of registration ............................................................... 37
Certificate of registration .................................................................... 38
Publication .......................................................................................... 38
5.1
5.2
5.3
5.3.1
5.3.2
5.3.3
5.3.4
5.4
5.4.1
5.4.2
5.4.3
5.5
5.5.1
5.5.2
5.5.3
5.5.4
5.6
5.7
5.7.1
5.7.2
5.7.3
5.7.4
6
6.1
6.1.1
6.1.2
6.1.3
6.1.4
6.2
6.3
Contacts with the Treaty Section: Procedural Information............................... 41

General information .................................................................................. 41
Contacting the Treaty Section............................................................. 41
Functions of the Treaty Section .......................................................... 41
Delivery of documents for deposit ...................................................... 41
Translations ......................................................................................... 41
Signing a multilateral treaty ...................................................................... 42
Ratifying, accepting, approving or acceding to a multilateral treaty ........ 43
ii
TABLE OF CONTENTS
6.4
6.5
6.6
Making a reservation or declaration to a multilateral treaty ..................... 44

Depositing a multilateral treaty with the Secretary-General..................... 45
Registering or filing and recording a treaty with the Secretariat .............. 46
Annex 1 Note verbale from the Legal Counsel (full powers), 2010 .......................... 47
Annex 2 Note verbale from the Legal Counsel (Extension of time limits to lodge
objections to late reservations), 2000........................................................... 49
Annex 3 Model instrument of full powers.................................................................. 51
Annex 4 Model instrument of ratification, acceptance or approval ........................... 52
Annex 5 Model instrument of accession .................................................................... 53
Annex 6 Model instrument of reservation/declaration ............................................... 54
Annex 7 Model instrument of modification of reservation(s) ................................... 55
Annex 8 Model instrument of withdrawal of reservation(s) ..................................... 56
Annex 9 Model certifying statement for registration or filing and recording ............ 57
Annex 10 Checklist for registration.............................................................................. 58
Annex 11 Secretary-Generals Bulletin (ST/SGB/2001/7) ......................................... 59
Glossary
..................................................................................................................... 62
iii
FOREWORD
In its Millennium Declaration, the General Assembly of the United Nations
emphasized the need to strengthen the international rule of law, thus clearly highlighting
a key area of focus for the United Nations in the new millennium. The Secretary-General
of the United Nations has also reaffirmed his commitment to advancing the international
rule of law. Treaties are the primary source of international law, and the SecretaryGeneral is the main depositary of multilateral treaties in the world. At present, over 550
multilateral treaties are deposited with the Secretary-General. In order to encourage wider
participation in the multilateral treaties deposited with him, the Secretary-General has
been inviting States to participate in annual Treaty Events since the initiative was first
launched in 2000. In addition to the depositary functions of the Secretary-General, the
Secretariat has played a unique role in carrying out functions related to the registration
and publication of treaties in accordance with Article 102 of the Charter of the United
Nations in order to ensure that treaties in force are in the public domain.
This Handbook, prepared by the Treaty Section of the United Nations Office of Legal
Affairs, is a practical guide to the depositary practice of the Secretary-General and the
registration practice of the Secretariat. It is intended as a contribution to the United
Nations efforts to assist States in becoming party to the international treaty framework
and in registering treaties with the Secretariat as required by Article 102 of the Charter. It
is presented in a user-friendly format with diagrams and step-by-step instructions, and
touches upon many aspects of treaty law and practice. This Handbook is designed for use
by States, international organizations and other entities.
Aside from this Handbook, there are various other resources available in relation to the
depositary and registration practices applied within the United Nations. In particular,
attention is drawn to the Summary of Practice of the Secretary-General as Depositary of
Multilateral Treaties, which contains a comprehensive overview of the main features of
the depositary practice of the Secretary-General, and the Final Clauses of Multilateral
Treaties Handbook, which is a practical guide intended to assist those who are directly
involved in multilateral treaty-making. The United Nations Treaty Collection website at
http://treaties.un.org, maintained by the Treaty Section, includes, among many other
things, an electronic copy of this Handbook and other publications. The website also
includes a database containing the status of multilateral treaties deposited with the
Secretary-General, as well as a database of treaties registered or filed and recorded and
related treaty actions published in the United Nations Treaty Series.
iv
FOREWORD
Users of this Handbook are encouraged to make full use of the wealth of information
contained therein and to contact the Treaty Section of the Office of Legal Affairs with
any comments or questions. The Treaty Section provides advice and assistance on treaty
law, the depositary practice of the Secretary-General, the registration of treaties, and the
drafting of final clauses of multilateral treaties, either upon request or through its training
seminars. The training seminars organized by the Treaty Section at United Nations
Headquarters and at the regional level are focused not only on treaty law and practice, but
also provide an opportunity to encourage, with the assistance of the substantive offices,
greater awareness of the implementation of treaty provisions at the national level.
ABBREVIATIONS
This Handbook uses the following abbreviations:
Regulations
Regulations to give effect to Article 102 of the Charter of the

United Nations, United Nations Treaty Series, volume 859, p. VIII
(see General Assembly resolution 97 (I) of 14 December 1946, as
amended by resolutions 364 B (IV) of 1 December 1949; 482 (V)
of 12 December 1950; 33/141 of 19 December 1978; and 52/153 of
15 December 1997)
Repertory of
Practice
Repertory of Practice of United Nations Organs (Volume V, New

York, 1955) (see also Supplement No. 1, Volume II; Supplement
No. 2, Volume III; Supplement No. 4, Volume II; Supplement
No.5, Volume V; Supplement No. 6, Volume VI; and Supplement
No. 7, Volume VI)
Secretary-General
Secretary-General of the United Nations
Summary of
Practice
Summary of Practice of the Secretary-General as Depositary of

Multilateral Treaties (ST/LEG/7/Rev.1)
Treaty Section
Treaty Section, Office of Legal Affairs of the United Nations
Vienna
Convention 1969
Vienna Convention on the Law of Treaties, 1969
Vienna
Convention 1986
Vienna Convention on the Law of Treaties between States and

International Organizations or between International
Organizations, 1986
vi
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-Generals 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 550 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-Generals commitment to advancing the international rule of
law, this Handbook has been prepared as a guide to the Secretary-Generals 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 SecretaryGeneral 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
1
INTRODUCTION
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 1-7) 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.
Treaty Section
Office of Legal Affairs
United Nations
New York, NY 10017
USA
Telephone:
Facsimile:
Website:
212 963 5047

212 963 3693
http://treaties.un.org
DEPOSITING MULTILATERAL TREATIES
(See the Summary of Practice, paras. 9-37.)
2.1
Secretary-General as depositary
The Secretary-General of the United Nations, at present, is the depositary for over 550
multilateral treaties. The Secretary-General derives this authority from:
(a)
(b)
(c)
(d)
2.2
Article 98 of the Charter of the United Nations;

Provisions of the treaties themselves;
General Assembly resolution 24 (1) of 12 February 1946; and
League of Nations resolution of 18 April 1946.
Depositary functions of the Secretary-General
The depositary of a treaty is responsible for ensuring the proper execution of all treaty
actions relating to that treaty. The depositarys duties are international in character, and
the depositary is under an obligation to act impartially in the performance of those duties.
The Secretary-General is guided in the performance of depositary functions by:
(a)
(b)
(c)
Provisions of the relevant treaty;

Resolutions of the General Assembly and other United Nations organs;
International law, including customary international law.
In practice, the Treaty Section of the United Nations Office of Legal Affairs carries out
depositary functions on behalf of the Secretary-General.
2.3
Designation of depositary
(See section 6.5, which explains how to arrange with the Treaty Section for deposit of a
multilateral treaty with the Secretary-General.)
The negotiating States to a multilateral treaty designate the depositary for that treaty
either in the treaty itself or in some other manner, for example, through a separate
decision adopted by the negotiating States. When a treaty is adopted within the
framework of the United Nations or at a conference convened by the United Nations, the
treaty normally includes a provision designating the Secretary-General as the depositary
for that treaty. If a multilateral treaty has not been adopted within the framework of an
international organization or at a conference convened by such an organization, it is
customary for the treaty to be deposited with the State that hosted the negotiating
conference.
When a treaty is not adopted within the framework of the United Nations or at a
conference convened by the United Nations, it is necessary for negotiating States to seek
the concurrence of the Secretary-General to be the depositary for the treaty before
designating the Secretary-General as such. In view of the nature of the SecretaryGenerals role, the Secretary-General gives careful consideration to the request. In
general, the Secretary-Generals policy is to assume depositary functions only for:
DEPOSITING MULTILATERAL TREATIES
(a)
(b)
Multilateral treaties of worldwide interest adopted by the General Assembly

or concluded by plenipotentiary conferences convened by the appropriate
organs of the United Nations that are open to wide participation; and
Regional treaties adopted within the framework of the regional commissions
of the United Nations that are open to participation by the entire membership
of the relevant commissions.
Final clauses are critical in providing guidance to the depositary in the performance of
his depositary functions. In order to discharge those functions effectively, the depositary
should be consulted in drafting them. Unclear final clauses may create difficulties in
interpretation and implementation both for States parties and for the depositary. It is
important to note that on 28 August 2001, the Secretary-General of the United Nations
promulgated the bulletin Procedures to be followed by departments, offices and regional
commissions of the United Nations with regard to treaties and international agreements
(see ST/SGB/2001/7 of 28 August 2001 in annex 11). In section 4.2 of this bulletin, the
Secretary-General of the United Nations expressly states that, in the case of multilateral
treaties to be deposited with him, draft final clauses of such multilateral treaties shall be
submitted by the relevant department, office or regional commission to the Treaty
Section for review and comment prior to finalization.
PARTICIPATING IN MULTILATERAL TREATIES 1
3.1
Signature
3.1.1
Introduction
(See section 6.2, which illustrates how to arrange with the Treaty Section to sign a
multilateral treaty.)
The first commonly used step to participate in a treaty is signing that treaty. As
explained below, unless the treaty otherwise provides, a signatory does not become a
party to a treaty through signature alone. Multilateral treaties contain signature provisions
indicating the place of signature, date of opening for signature, period of signature, etc.
3.1.2
Open for signature

Multilateral treaties often provide that they will be open for signature only until a
specified date, after which signature will no longer be possible. Some multilateral treaties
are open for signature indefinitely. Most multilateral treaties on human rights issues fall
into this category, for example, the International Covenant on Civil and Political Rights,
1966; the Convention on the Elimination of All Forms of Discrimination against Women,
1979; and the Convention on the Rights of Persons with Disabilities, 2006.
Today, multilateral treaties deposited with the Secretary-General of the United Nations
generally make provision for signature by all States. However, some multilateral treaties
contain specific limitations on participation due to circumstances specific to them. For
example:
3.1.3
Article 2 of the Agreement concerning the Establishing of Global Technical

Regulations for Wheeled Vehicles, Equipment and Parts which can be fitted
and/or be used on Wheeled Vehicles, 1998, limits participation to [c]ountries that
are members of the Economic Commission for Europe (UN/ECE), regional
economic integration organizations that are set up by ECE member countries and
countries that are admitted to the ECE in a consultative capacity.
Simple signature
Multilateral treaties usually provide for signature subject to ratification, acceptance or

approval also called simple signature. In such cases, a signing State does not undertake
positive legal obligations under the treaty upon signature. However, signature indicates
the States intention to take steps to express its consent to be bound by the treaty at a later
date. Signature also creates an obligation, in the period between signature and
ratification, acceptance or approval, to refrain in good faith from acts that would defeat
the object and purpose of the treaty (see article 18 of the Vienna Convention 1969).
See, for example, article 125 (2) of the Rome Statute of the International Criminal
Court, 1998: This Statute is subject to ratification, acceptance or approval by signatory
States .
1
For the sake of editorial convenience, the term State, as used in this Handbook, may include other
entities with the competence under international law to enter into treaties.
PARTICIPATING IN MULTILATERAL TREATIES
3.1.4
Definitive signature
Some treaties provide that States can express their consent to be legally bound solely
upon signature. This method is most commonly used in bilateral treaties and rarely used
for multilateral treaties. In the latter case, the entry into force provision of the treaty
expressly provides that a State can express consent to be bound by definitively signing
the treaty, i.e., signing without reservation as to ratification, acceptance or approval.
Of the treaties deposited with the Secretary-General, this method is most commonly
used in certain treaties negotiated under the auspices of the regional Economic
Commissions, for example, article 4 (3) of the Agreement concerning the Adoption of
Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the
Reciprocal Recognition of Such Inspections, 1997:
Countries under paragraphs 1 and 2 of this Article may become Contracting Parties to the
Agreement:
(a)
By signing it without reservation to a ratification;
(b)
By ratifying it after signing it subject to ratification;
(c)
By acceding to it.
Also the Agreement on International Railways in the Arab Mashreq, 2003, provides
in its article 5 (2) that members under paragraph 5 (1) may become parties by:
(a)
(b)
(c)
3.2
Signature not subject to ratification, acceptance or approval (definitive signature);

Signature subject to ratification, acceptance or approval, followed by ratification,
acceptance or approval; or
Accession.
Full powers

3.2.1
Signature of a treaty without an instrument of full powers
(See section 6.2, which details how to arrange with the Treaty Section to sign a treaty.)
The Head of State, Head of Government or Minister for Foreign Affairs may sign a
treaty on behalf of the State without an instrument of full powers.
3.2.2
Requirement of instrument of full powers
A person other than the Head of State, Head of Government or Minister for Foreign
Affairs may sign a treaty only if that person possesses a valid instrument of full powers.
This instrument of full powers empowers the specified representative to sign a given
treaty. This is a legal requirement reflected in article 7 of the Vienna Convention 1969. It
is designed to protect the interests of all States that can participate in a treaty as well as
the integrity of the depositary. Typically, full powers are issued for the signature of a
specified treaty, but may also be issued to empower a specific representative to sign more
than one treaty.
Some countries have deposited general full powers with the Secretary-General. General
full powers do not specify the treaty to be signed, but rather authorize a specified
representative to sign all treaties deposited with the Secretary-General.
3.2.3
Form of instrument of full powers
(See the model instrument of full powers in annex 3.)

As depositary, the Secretary-General requires proper full powers for the person (other
than a Head of State, Head of Government or Minister for Foreign Affairs) seeking to
sign a treaty. Signature of a treaty without proper full powers is not acceptable. Full
powers not containing a legible signature from one of the above-mentioned authorities
are also not acceptable (for example, a telexed message). There is no specific form for an
instrument of full powers, but it must include the following information:
1.
The instrument of full powers must be signed by one of the three abovementioned authorities and must unambiguously empower a specified person to
sign the treaty. Full powers may also be issued by a person exceptionally
exercising the power of one of the above-mentioned three authorities of State
ad interim. This should be stated clearly on the instrument.
2.
Full powers are usually limited to one specific treaty and must indicate the
title of the treaty. If the title of the treaty is not yet agreed, the full powers
must indicate the subject matter and the name of the conference or the
international organization where the negotiations are taking place.
3.
Full powers must state the full name and title of the representative
authorized to sign. They are individual and cannot be transferred to the
permanent representative . Due to the individual character of the full
powers, it is prudent to name at least two representatives, in case one is
hindered by some unforeseen circumstance from performing the designated
act.
4.
Date and place of signature must be indicated.
5.
Official seal. This is optional and it cannot replace the signature of one of the
three authorities of State.
(See Note Verbale from the Legal Counsel of the United Nations of 3 February 2010,
LA41TR/221/Full Powers Guidelines/2010 (extracted in annex 1)).
The following is an example of an instrument of full powers:
I have the honour to inform you that I (name), President of the Republic of (name of State), have
given full powers to the Honourable Ms (name), Secretary of State for the Interior and Religious
Affairs, to sign on behalf of (name of State) the United Nations Convention against Transnational
Organized Crime and the following two Protocols to be opened for signature in Palermo, Italy,
from 12th to 15th December 2000:
i.
Protocol against the smuggling of migrants by Land, Air and Sea, supplementing the
United Nations Convention against Transnational Organized Crime.
ii.
Protocol to prevent, suppress and punish trafficking in persons, especially women and
children, supplementing the United Nations Convention against Transnational Organized
Crime.
This note constitutes the full powers empowering the Honourable (name) to sign the above-stated
Convention and Protocols.
The Hon. (name), President of the Republic of (name
of State)
[Signature]
Full powers are legally distinct from credentials, which authorize representatives of a
State to participate in a conference and sign the Final Act of the conference.
3.2.4
Appointment with the depositary for affixing signature
(See section 6.2, which details how to arrange with the Treaty Section to sign a
multilateral treaty and to have an instrument of full powers reviewed.)
As custodian of the treaty, the depositary verifies all full powers prior to signature. If
the Secretary-General of the United Nations is the depositary for the treaty in question,
the State wishing to sign the treaty should make an appointment for signature with the
Treaty Section and submit to the Treaty Section for verification a copy of the signed
instrument of full powers well in advance of signature (facsimiles and e-mails are
acceptable for this purpose). The representative empowered to sign on behalf of his/her
Government would normally hand over the original instrument of full powers at the time
of signature. However, in accordance with the depositary practice, a signature by a
representative could be accepted on the basis of a copy of the full powers on condition
that they are in proper and due form, but this requires that the State provide the Treaty
Section with the original full powers as soon as possible (by hand or mail).
3.3
Consent to be bound

3.3.1
Introduction
(See section 6.3, which details how to arrange with the Treaty Section to deposit an
instrument of ratification, acceptance, approval or accession to a treaty.)
In order to become a party to a multilateral treaty, a State must demonstrate, through a
concrete act, its willingness to undertake the legal rights and obligations contained in the
treaty. In other words, it must express its consent to be bound by the treaty. A State can
express its consent to be bound in several ways, in accordance with the final clauses of
the relevant treaty. The most common ways, as discussed below, are:
(a)
(b)
(c)
(d)
Definitive signature (see section 3.1.4);

Ratification;
Acceptance or approval; and
Accession.
The act by which a State expresses its consent to be bound by a treaty is distinct from
the treatys entry into force (see section 4.2). Consent to be bound is the act whereby a
State demonstrates its willingness to undertake the legal rights and obligations under a
treaty through definitive signature or the deposit of an instrument of ratification,
acceptance, approval or accession. Entry into force of a treaty with regard to a State is the
moment the treaty becomes legally binding for the State, that is, the moment at which
that State becomes party to the treaty. Each treaty normally contains provisions dealing
with both aspects.
3.3.2
Ratification
(See the model instrument of ratification in annex 4.)

Most multilateral treaties expressly provide for States to express their consent to be
bound by signature subject to ratification, acceptance or approval.
Providing for signature subject to ratification allows States time to seek approval for
the treaty at the domestic level and to enact any legislation necessary to implement the
treaty domestically, prior to undertaking the legal obligations under the treaty at the
international level. Once a State has become party to a treaty at the international level, its
international responsibility is engaged. Generally, there is no time limit within which a
State is requested to ratify a treaty which it has signed. Upon entry into force of the treaty
for a State, that State becomes legally bound under the treaty.
Ratification at the international level, which indicates to the international community a
States commitment to undertake the obligations under a treaty, should not be confused
with ratification at the national level, which a State may be required to undertake in
accordance with its own constitutional provisions before it expresses consent to be bound
internationally. Ratification at the national level is inadequate to establish a States
intention to be legally bound at the international level. The required action at the
international level, i.e., the deposit of the instrument of ratification, must also be
undertaken.
Some multilateral treaties impose specific limitations or conditions on ratification. For
example, when a State deposits with the Secretary-General an instrument of ratification,
acceptance or approval of, or accession to the Convention on Prohibitions or Restrictions
on the Use of Certain Conventional Weapons which may be deemed to be Excessively
Injurious or to have Indiscriminate Effects, 1980, it must at the same time notify the
Secretary-General of its consent to be bound by any two or more of the protocols related
to the Convention. In the case of the Optional Protocol to the Convention on the Rights of
the Child on the Involvement of Children in Armed Conflict, 2000, when a State deposits
an instrument of ratification, approval, etc., it must at the same time also deposit a
binding declaration under article 3 (2) in which it sets forth the minimum age at which
that State will permit voluntary recruitment into its national armed forces and a
description of the safeguards that it has adopted to ensure that such recruitment is not
forced or coerced.
3.3.3
Acceptance or approval
(See the model instrument of acceptance or approval in annex 4.)

Acceptance or approval of a treaty following signature has the same legal effect as
ratification, and the same rules apply, unless the treaty provides otherwise (see article
14 (2) of the Vienna Convention 1969).
Most treaties deposited with the Secretary-General provide for acceptance or approval
with prior signature, for example, the United Nations Convention on Contracts for the
International Carriage of Goods Wholly or Partly by Sea, 2008, and the International
Cocoa Agreement, 2010.
Delivery to the Secretary-General

An instrument of ratification, acceptance, approval or accession becomes effective only
when it is deposited with the Secretary-General of the United Nations at United Nations
Headquarters in New York. The date of deposit is normally recorded as that on which the
instrument is received at Headquarters.
States are advised to deliver such instruments to the Treaty Section of the United
Nations directly to ensure the action is promptly processed. The individual who delivers
the instrument of ratification does not require full powers. In addition to delivery by
hand, instruments may also be mailed to the Treaty Section. In accordance with the
depositary practice, if a State initially faxes or sends by e-mail a signed copy of an
instrument, such copy may be accepted for deposit but that State must also provide the
original as soon as possible thereafter to the Treaty Section.
Translations
It is recommended that, where feasible, States provide courtesy translations in English
or French of instruments in other languages submitted for deposit with the SecretaryGeneral. This facilitates the prompt processing of the relevant actions.
3.4
Provisional application
(See the Summary of Practice, para. 240.)

Some treaties provide for provisional application, either before or after their entry into
force. For example, article 7 (1) of the Agreement relating to the Implementation of Part
XI of the United Nations Convention on the Law of the Sea of 10 December 1982, 1994,
provides If on 16 November 1994 this Agreement has not entered into force, it shall be
applied provisionally pending its entry into force. The Agreement for the
Implementation of the Provisions of the United Nations Convention on the Law of the Sea
of 10 December 1982 relating to the Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks, 1995, also provides for provisional application,
ceasing upon its entry into force. Article 56 of the International Cocoa Agreement, 2010,
also provides for provisional application with effect from the entry into force of the
Agreement or, if it is already in force, at a specified date.
A State provisionally applies a treaty that has entered into force when it unilaterally
undertakes, in accordance with its provisions, to give effect to the treaty obligations
provisionally, even though its domestic procedural requirements for international
ratification, approval, acceptance or accession have not yet been completed. The intention
of the State would generally be to ratify, approve, accept or accede to the treaty once its
domestic procedural requirements have been met. The State may unilaterally terminate
such provisional application at any time unless the treaty provides otherwise (see article
25 of the Vienna Convention 1969). In contrast, a State that has consented to be bound by
a treaty through ratification, approval, acceptance, accession or definitive signature is
governed by the rules on withdrawal or denunciation specified in the treaty as discussed
in section 4.5 (see articles 54 and 56 of the Vienna Convention 1969).
11
the States concerned. The Secretary-General accepts the reservation in deposit only if no
State informs him that it does not wish him to consider the reservation to have been
accepted for deposit. This is a situation where the Secretary-Generals practice deviates
from the strict requirements of the Vienna Convention 1969. On 4 April 2000, in a letter
addressed to the Permanent Representatives to the United Nations, the Legal Counsel
advised that the time limit for objecting to such a late reservation would be 12 months
from the date of the depositary notification. The same principle has been applied by the
Secretary-General, as depositary, where a reserving State to a treaty has withdrawn an
initial reservation but has substituted it with a new or modified reservation (LA41TR/221
(23-1) (extracted in annex 2)).
3.5.4
Form of reservations
(See the model instrument of a reservation in annex 6.)

Normally, when a reservation is formulated, it must be included in the instrument of
ratification, acceptance, approval or accession or be annexed to it and (if annexed) must
be separately signed by the Head of State, Head of Government or Minister for Foreign
Affairs or a person having full powers for that purpose issued by one of the above
authorities.
3.5.5
Notification of reservations by the depositary
Where a treaty expressly prohibits reservations

Where a treaty expressly prohibits reservations, as in the case of the Kyoto Protocol to
the United Nations Framework Convention on Climate Change, 1997, for example, the
Secretary-General, as depositary, may have to make a preliminary legal assessment as to
whether a given statement constitutes a reservation. If the statement has no bearing on the
States legal obligations, the Secretary-General circulates the statement to the States
concerned.
If a statement on its face, however phrased or named (see article 2 (1) (d) of the Vienna
Convention 1969), unambiguously purports to exclude or modify the legal effects of
provisions of the treaty in their application to the State concerned, contrary to the
provisions of the treaty, the Secretary-General will refuse to accept that States signature,
ratification, acceptance, approval or accession in conjunction with the statement. The
Secretary-General will draw the attention of the State concerned to the issue and will not
circulate the unauthorized reservation. This practice is followed only in instances where,
prima facie, there is no doubt that the reservation is unauthorized and that the statement
constitutes a reservation.
Where such a prima facie determination is not possible, and doubts remain, the
Secretary-General may request a clarification from the declarant on the real nature of the
statement. If the declarant formally clarifies that the statement is not a reservation but
only a declaration, the Secretary-General will formally receive the instrument in deposit
and notify all States concerned accordingly.
The Secretary-General, as depositary, is not required to request such clarifications
automatically; rather, it is for the States concerned to raise any objections they may have
to statements they consider to be unauthorized reservations.
13
For example, articles 309 and 310 of the United Nations Convention on the Law of the
Sea, 1982, provide that States may not make reservations to the Convention (unless
expressly permitted elsewhere in the Convention) and that declarations or statements,
however phrased or named, may only be made if they do not purport to exclude or
modify the legal effect of the provisions of the Convention in their application to the
reserving State.
Where a treaty expressly authorizes reservations
Where a State formulates a reservation that is expressly authorized by the relevant
treaty, the Secretary-General, as depositary, informs the States concerned by depositary
notification. A reservation of this nature does not require any subsequent acceptance by
the States concerned, unless the treaty so provides (see article 20 (1) of the Vienna
Convention 1969).
Where a treaty is silent on reservations
Where a treaty is silent on reservations and a State formulates a reservation consistent
with article 19 of the Vienna Convention 1969, the Secretary-General, as depositary,
informs the States concerned of the reservation by depositary notification. Generally,
human rights treaties do not contain provisions relating to reservations.
3.5.6
Objections to reservations
Time for making objections to reservations

Where a treaty is silent on reservations and a reservation is formulated upon expression
of consent to be bound and subsequently circulated, States concerned have 12 months to
object to the reservation, beginning on the date of the depositary notification or the date
on which the State expressed its consent to be bound by the treaty, whichever is later (see
article 20 (5) of the Vienna Convention 1969).
Where a State concerned lodges an objection to a treaty with the Secretary-General
after the end of the 12-month period, the Secretary-General circulates it as a
communication.
Many States have formulated reservations to the International Covenant on Civil and
Political Rights, 1966, and the Convention on the Elimination of All Forms of
Discrimination against Women, 1979, subjecting their obligations under the treaty to
domestic legal requirements. These reservations, in turn, have attracted a wide range of
objections from States parties (see chapter IV, at
http://treaties.un.org/pages/ParticipationStatus.aspx).
Effect of objection on entry into force of reservations
An objection to a reservation does not preclude the entry into force of the treaty as
between the objecting and reserving States unless a contrary intention is definitely
expressed by the objecting State (article 20 (4) (b) of the Vienna Convention 1969).
Normally, to avoid uncertainty, an objecting State specifies whether its objection to the
reservation precludes the entry into force of the treaty between itself and the reserving
State. The Secretary-General circulates such objections.
14
the States concerned. The Secretary-General accepts the reservation in deposit only if no
State informs him that it does not wish him to consider the reservation to have been
accepted for deposit. This is a situation where the Secretary-Generals practice deviates
from the strict requirements of the Vienna Convention 1969. On 4 April 2000, in a letter
addressed to the Permanent Representatives to the United Nations, the Legal Counsel
advised that the time limit for objecting to such a late reservation would be 12 months
from the date of the depositary notification. The same principle has been applied by the
Secretary-General, as depositary, where a reserving State to a treaty has withdrawn an
initial reservation but has substituted it with a new or modified reservation (LA41TR/221
(23-1) (extracted in annex 2)).
3.5.4
Form of reservations
(See the model instrument of a reservation in annex 6.)

Normally, when a reservation is formulated, it must be included in the instrument of
ratification, acceptance, approval or accession or be annexed to it and (if annexed) must
be separately signed by the Head of State, Head of Government or Minister for Foreign
Affairs or a person having full powers for that purpose issued by one of the above
authorities.
3.5.5
Notification of reservations by the depositary
Where a treaty expressly prohibits reservations

Where a treaty expressly prohibits reservations, as in the case of the Kyoto Protocol to
the United Nations Framework Convention on Climate Change, 1997, for example, the
Secretary-General, as depositary, may have to make a preliminary legal assessment as to
whether a given statement constitutes a reservation. If the statement has no bearing on the
States legal obligations, the Secretary-General circulates the statement to the States
concerned.
If a statement on its face, however phrased or named (see article 2 (1) (d) of the Vienna
Convention 1969), unambiguously purports to exclude or modify the legal effects of
provisions of the treaty in their application to the State concerned, contrary to the
provisions of the treaty, the Secretary-General will refuse to accept that States signature,
ratification, acceptance, approval or accession in conjunction with the statement. The
Secretary-General will draw the attention of the State concerned to the issue and will not
circulate the unauthorized reservation. This practice is followed only in instances where,
prima facie, there is no doubt that the reservation is unauthorized and that the statement
constitutes a reservation.
Where such a prima facie determination is not possible, and doubts remain, the
Secretary-General may request a clarification from the declarant on the real nature of the
statement. If the declarant formally clarifies that the statement is not a reservation but
only a declaration, the Secretary-General will formally receive the instrument in deposit
and notify all States concerned accordingly.
The Secretary-General, as depositary, is not required to request such clarifications
automatically; rather, it is for the States concerned to raise any objections they may have
to statements they consider to be unauthorized reservations.
13
3.6.3
Time for formulating declarations
Declarations are usually deposited at the time of signature or at the time of deposit of
the instrument of ratification, acceptance, approval or accession. Sometimes, a
declaration may be lodged subsequently.
3.6.4
Form of declarations
Since an interpretative declaration does not have a legal effect similar to that of a
reservation, it need not be signed by a formal authority as long as it clearly emanates
from the State concerned. However, since a doubt could arise about whether a declaration
in fact constitutes a reservation, a declaration should preferably be signed by the Head of
State, Head of Government or Minister for Foreign Affairs or a person having full powers
for that purpose issued by one of the above authorities.
Optional and mandatory declarations impose legal obligations on the declarant and
therefore must be signed by the Head of State, Head of Government or Minister for
Foreign Affairs or by a person having full powers for that purpose issued by one of the
above authorities.
3.6.5
Notification of declarations by the depositary
The Secretary-General, as depositary, reviews all declarations to treaties that prohibit

reservations to ensure that they are prima facie not reservations (see the discussion on
prohibited reservations in section 3.5.5). Where a treaty is silent on or authorizes
reservations, the Secretary-General makes no determination about the legal status of
declarations relating to that treaty. The Secretary-General simply communicates the text
of the declaration to all States concerned by depositary notification, allowing those States
to draw their own legal conclusions as to its status.
3.6.6
Objections to declarations
Objections to declarations where the treaty is silent on reservations

States sometimes object to declarations relating to a treaty that is silent on reservations.
The Secretary-General, as depositary, circulates any such objection.
Objections to declarations generally focus on whether the statement is merely an
interpretative declaration or is in fact a true reservation sufficient to modify the legal
effects of the treaty. If the objecting State concludes that the declaration is a reservation
and/or incompatible with the object and purpose of the treaty, the objecting State may
prevent the treaty from entering into force between itself and the reserving State.
However, if the objecting State intends this result, it should specify it in the objection.
Normally, objecting States specify that the objection does not preclude the entry into
force of the treaty between them and the reserving State.
See, for example, the objection by a State to a declaration made by another State upon
its accession to the Convention on the Rights of Persons with Disabilities, 2006
(depositary notification C.N.486.2010.TREATIES-18):
The (name of State) has examined the declaration made by the (name of State) upon its accession
to the Convention on the Rights of Persons with Disabilities (hereinafter the Convention) on
October 23, 2009. The (name of State) points out that the title of a statement intended to modify
18
See, for example, the objection by a State to a reservation that another State made
upon its accession to the Convention on the Elimination of All Forms of Discrimination
against Women, 1979 (depositary notification C.N.506.2007.TREATIES-19):
The Government of (name of State) has examined the reservations made by the Government of
(name of State) upon accession to the Convention on the Elimination of All Forms of
Discrimination against Women regarding Article 9, paragraph 2 and those provisions of the
Convention that may be contrary to the Constitution of (name of State) The Government of
(name of State) therefore objects to the aforesaid reservations made by the Government of (name
of State) to the Convention. This objection shall not preclude the entry into force of the
Convention between (name of State) and (name of State). The Convention enters into force in its
entirety between (name of State) and (name of State), without (name of State) benefiting from its
reservation.
If a State does not object to a reservation made by another State, the first State is
deemed to have tacitly accepted the reservation (article 21 (1) of the Vienna Convention
1969).
3.5.7
Withdrawal of reservations
(See the model instrument of withdrawal of reservation(s) in annex 8.)

A State may, unless the treaty provides otherwise, withdraw its reservation or objection
to a reservation completely or partially at any time. In such a case, the consent of the
States concerned is not necessary for the validity of the withdrawal (articles 22-23 of the
Vienna Convention 1969). The withdrawal must be formulated in writing and signed by
the Head of State, Head of Government or Minister for Foreign Affairs or a person
having full powers for that purpose issued by one of the above authorities. The SecretaryGeneral, as depositary, circulates a notification of a withdrawal to all States concerned.
Article 22 (3) of the Vienna Convention 1969 provides that the withdrawal of a
reservation becomes operative in relation to another State only when that State has been
notified of the withdrawal. Similarly, the withdrawal of an objection to a reservation
becomes operative when the reserving State is notified of the withdrawal.
3.5.8
Modifications to reservations
(See the model instrument of modification of reservation(s) in annex 7.)

An existing reservation may be modified so as to result in a partial withdrawal or to
create new exemptions from, or modifications of, the legal effects of certain provisions of
a treaty. A modification of the latter kind has the nature of a new reservation. The
Secretary-General, as depositary, circulates such modifications and grants the States
concerned a specific period within which to object to them. In the absence of any
objection, the Secretary-General accepts the modification in deposit.
In the past, the Secretary-Generals practice as depositary had been to stipulate 90 days
as the period within which the States concerned could object to such a modification.
However, since the modification of a reservation could involve complex issues of law
and policy, the Secretary-General decided that this time period was inadequate.
Therefore, on 4 April 2000, the Secretary-General advised that the time provided for
15
KEY EVENTS IN A MULTILATERAL TREATY
4.2
Entry into force

4.2.1
Definitive entry into force
Typically, the provisions of a multilateral treaty determine the date upon which the
treaty enters into force. Where a treaty does not specify a date or provides another
method for its entry into force, the treaty is presumed to be intended to come into force as
soon as all negotiating States have consented to be bound by the treaty. All multilateral
treaties deposited with the Secretary-General that are concluded nowadays specify when
they will enter into force.
Treaties, in general, may enter into force:
(a)
Upon a certain number of States depositing instruments of ratification,

approval, acceptance or accession with the depositary.
See, for example, article VIII of the Protocol relating to the Status of
Refugees, 1967:
The present Protocol shall come into force on the day of deposit of the sixth
instrument of accession.
(b)
A specific time after a certain percentage, proportion or category of States

deposited instruments of ratification, approval, acceptance or accession with
the depositary.
See, for example, article XIV of the Comprehensive Nuclear-Test-Ban
Treaty, 1996:
This Treaty shall enter into force 180 days after the date of deposit of the
instruments of ratification by all States listed in Annex 2 to this Treaty, but
in no case earlier than two years after its opening for signature.
(c)
A specific time after a certain number of States have deposited instruments of

ratification, acceptance, approval or accession with the depositary.
See, for example, article 126 (1) of the Rome Statute of the International
Criminal Court, 1998:
This Statute shall enter into force on the first day of the month after the 60th
day following the date of the deposit of the 60th instrument of ratification,
acceptance, approval or accession with the Secretary-General of the United
Nations.
(d)
On a specific date after certain conditions are fulfilled.

See, for example, article 39 (1) of the International Tropical Timber
Agreement, 2006:
This Agreement shall enter into force definitively on 1 February 2008 or on
any date thereafter, if 12 Governments of producers holding at least 60 per
cent of the total votes as set out in Annex A to this Agreement and 10
Governments of consumers as listed in Annex B and accounting for 60 per
cent of the global import volume of tropical timber in the reference year
22
See, for example, article 57 (2) of the International Cocoa Agreement, 2010:
This Agreement shall enter into force provisionally on 1 January 2011 if by such date
Governments representing at least five exporting countries accounting for at least 80 per cent of
the total exports of countries listed in annex A and Governments representing importing countries
having at least 60 per cent of total imports as set out in annex B have deposited their instruments
of ratification, acceptance, approval or accession, or have notified the Depositary that they will
apply this Agreement provisionally when it enters into force. Such Governments shall be
provisional Members.
Once a treaty has entered into force provisionally, it creates obligations for the parties
that agreed to bring it into force in that manner.
4.3
Dispute resolution and compliance mechanisms
Many treaties contain detailed dispute resolution provisions, but some contain only
general provisions. Where a dispute, controversy or claim arises out of a treaty (for
example, due to breach, error, fraud, performance issues, etc.) these provisions become
extremely important. If a treaty does not provide a dispute resolution mechanism,
article 66 of the Vienna Convention 1969 may apply.
Treaties may provide various dispute resolution mechanisms, such as negotiation,
consultation, conciliation, use of good offices, panel procedures, arbitration, judicial
settlement, reference to the International Court of Justice, etc. See, for example, article
119 (2) of the Rome Statute of the International Criminal Court, 1998:
Any other dispute between two or more States Parties relating to the interpretation or
application of this Statute which is not settled through negotiations within three months
of their commencement shall be referred to the Assembly of States Parties. The Assembly
may itself seek to settle the dispute or may make recommendations on further means of
settlement of the dispute, including referral to the International Court of Justice in
conformity with the Statute of that Court.
In some recently concluded treaties, detailed compliance mechanisms are included.

Many disarmament treaties and some environmental treaties provide compliance
mechanisms, for example, by imposing monitoring and reporting requirements. See, for
example, article 8 of the Montreal Protocol on Substances that Deplete the Ozone Layer,
1987, which provides that the parties shall consider and approve procedures and
institutional mechanisms for determining non-compliance with the provisions of this
Protocol and for treatment of Parties found to be in non-compliance. During the Fourth
Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone
Layer (Copenhagen, 1992), the parties adopted a detailed non-compliance procedure
(Report of the Fourth Meeting of the Parties to the Montreal Protocol on Substances that
Deplete the Ozone Layer, 1992 (UNEP/OzL.Pro.4/15), decision IV/5, and annexes IV
and V; see http://www.unep.org).
Many human rights treaties provide for independent committees to oversee the
implementation of their provisions, for example, the Convention on the Elimination of All
Forms of Discrimination against Women, 1979; the Optional Protocol to the Convention
on the Elimination of All Forms of Discrimination against Women, 1999; and the
International Covenant on Civil and Political Rights, 1966.
24
4.4
Amendments

4.4.1
Amending treaties that have entered into force
The text of a treaty may be amended in accordance with the amendment provisions in
the treaty itself or in accordance with Part IV of the Vienna Convention 1969. If the
treaty does not specify any amendment procedures, the parties may negotiate a new treaty
or agreement amending the existing treaty.
An amendment procedure within a treaty may contain provisions governing the
following:
(a)
Proposal of amendments
See, for example, article 15 of the Optional Protocol to the Convention on
the Rights of Persons with Disabilities, 2006:
Any State Party may propose an amendment to the present Protocol and submit it to
the Secretary-General of the United Nations. The Secretary-General shall
communicate any proposed amendments to States Parties; with a request to be
notified whether they favour a meeting of States Parties for the purpose of
considering and deciding upon the proposals.
(b)
Circulation of proposals of amendments

Normally, the relevant treaty secretariat circulates proposals of
amendments. The treaty secretariat is in the best position to provide
administrative support and assist with any necessary consultation between
negotiating States. The treaty itself may detail the secretariats role in this
regard. In the absence of circulation of the amendment by the treaty body,
the Secretary-General, as depositary, may perform this function.
(c)
Adoption of amendments
Amendments may be adopted by States parties at a conference or by an
executive body, such as the executive arm of the treaty. See, for example,
article 13 (4) of the Convention on Cluster Munitions, 2008:
Any amendment to this Convention shall be adopted by a majority of two-thirds of
the States Parties present and voting at the Amendment Conference. The Depositary
shall communicate any amendment so adopted to all States.
(d)
Parties consent to be bound by amendments

Treaties normally specify that a party must formally consent to be bound
by an amendment, following adoption, by depositing an instrument of
ratification, acceptance or approval of the amendment. See, for example,
article 39 (3) of the United Nations Convention against Transnational
Organized Crime, 2000:
An amendment adopted in accordance with paragraph 1 of this article is
subject to ratification, acceptance or approval by States Parties.
25
or exclude the legal effects of certain provisions of a treaty does not alone determine the status of
such statement as a reservation or declaration. The (name of State) is of the opinion that the
declaration made by the (name of State) constitutes, in fact, a reservation. The (name of State)
finds that the reservation does not make it clear to what extent the (name of State) is willing to
honour its obligations under the Convention, since it does not consider itself bound by any
provisions of the Convention which may be incompatible with its applicable rules. The (name of
State) believes that this reservation is incompatible with the object and purpose of the Convention.
According to Article 46, paragraph 1 of the Convention and customary international law codified
in the Vienna Convention on the Law of Treaties, such reservations should not be permitted. It is
in the common interest of States that treaties to which they have chosen to become parties are
respected as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties. The (name
of State), therefore, objects to the aforesaid reservation made by the (name of State) and considers
the reservation null and void. This objection shall not preclude the entry into force of the
Convention between the (name of State) and the (name of State), without the (name of State)
benefiting from its reservation.
An objecting State sometimes requests that the declarant clarify its intention. In such
a situation, if the declarant agrees that it has formulated a reservation, it may either
withdraw its reservation or confirm that its statement is only a declaration.
3.7
Notifications
Notifications normally provide information as required under a treaty. They usually

relate to designation of authorities or designation of languages, or the establishment of
jurisdiction required under the treaty provisions. See, for example, notifications under
articles 6 (3), 44 (6) (a) and 46 (13) and (14) of the United Nations Convention against
Corruption, 2003; and articles 5 (3), 16 (5), 18 (13) and (14), and 31 (6) of the United
Nations Convention against Transnational Organized Crime, 2000.
For example, under article 18 (13) of the United Nations Convention against
Transnational Organized Crime, 2000, and article 46(13) of the United Nations
Convention against Corruption, 2003, States are required to notify the Secretary-General
at the time of the deposit of the instrument of ratification, acceptance, approval of or
accession to the Convention of the central authority for purposes of receiving mutual
legal assistance requests. Article 9 (3) of the International Convention for the
Suppression of Acts of Nuclear Terrorism, 2005, requires a State to notify the SecretaryGeneral upon ratifying, accepting, approving or acceding to the Convention of the
jurisdiction it has established as required by the Convention.
Some notifications can be deposited upon signature, ratification or accession or at any
time thereafter, for example, notifications nominating conciliators and arbitrators
pursuant to Annexes V and VII to the United Nations Convention on the Law of the Sea,
1982.
19
In the case of derogations from the International Covenant on Civil and Political
Rights, 1966, in time of public emergency, a State must immediately inform other States,
through the intermediary of the Secretary-General of the United Nations, of the
provisions of the Covenant from which it has derogated and of the reasons by which it
was actuated. The Secretary-General must also be informed of an extension or cessation
of a state of emergency.
Since a notification does not have a legal effect similar to a declaration or reservation,
it does not need to be signed by one of the three authorities.
20
5
5.1
REGISTERING OR FILING AND RECORDING TREATIES

Article 102 of the Charter of the United Nations
(See the Repertory of Practice, Article 102, para. 1.)

Article 102 of the Charter of the United Nations provides that:
1. Every treaty and every international agreement entered into by any
Member of the United Nations after the present Charter comes into force
shall as soon as possible be registered with the Secretariat and published
by it.
2. No party to any such treaty or international agreement, which has not
been registered in accordance with the provisions of paragraph 1 of this
Article, may invoke that treaty or agreement before any organ of the
United Nations.
Thus, States Members of the United Nations have a legal obligation to register treaties
and international agreements with the Secretariat, and the Secretariat is mandated to
publish registered treaties and international agreements. Within the Secretariat, the Treaty
Section is responsible for these functions.
Registration, not publication, is the prerequisite set up in the Charter of the United
Nations for a treaty or international agreement to be capable of being invoked before the
International Court of Justice or any other organ of the United Nations.
The objective of Article 102, which can be traced back to article 18 of the Covenant of
the League of Nations, is to ensure that all treaties and international agreements remain in
the public domain and thus assist in eliminating secret diplomacy. The Charter of the
United Nations was drafted in the aftermath of the Second World War. At that time,
secret diplomacy was believed to be a major cause of international instability.
5.2
Regulations to give effect to Article 102
(See the Repertory of Practice, Article 102, para. 2, and the annex to the General
Survey.)
Recognizing the need for the Secretariat to have uniform guidelines for implementing
Article 102 of the Charter of the United Nations, the General Assembly adopted certain
Regulations to give effect to Article 102 (see the Abbreviations section for the source of
the Regulations). The Regulations treat the act of registration and the act of publication as
two distinct operations. Parts one and two of the Regulations (articles 1-11) deal with
registration and filing and recording. Part three of the Regulations (articles 12-14) relates
to publication.
29
4.2
Entry into force

4.2.1
Definitive entry into force
Typically, the provisions of a multilateral treaty determine the date upon which the
treaty enters into force. Where a treaty does not specify a date or provides another
method for its entry into force, the treaty is presumed to be intended to come into force as
soon as all negotiating States have consented to be bound by the treaty. All multilateral
treaties deposited with the Secretary-General that are concluded nowadays specify when
they will enter into force.
Treaties, in general, may enter into force:
(a)
Upon a certain number of States depositing instruments of ratification,

approval, acceptance or accession with the depositary.
See, for example, article VIII of the Protocol relating to the Status of
Refugees, 1967:
The present Protocol shall come into force on the day of deposit of the sixth
instrument of accession.
(b)
A specific time after a certain percentage, proportion or category of States

deposited instruments of ratification, approval, acceptance or accession with
the depositary.
See, for example, article XIV of the Comprehensive Nuclear-Test-Ban
Treaty, 1996:
This Treaty shall enter into force 180 days after the date of deposit of the
instruments of ratification by all States listed in Annex 2 to this Treaty, but
in no case earlier than two years after its opening for signature.
(c)
A specific time after a certain number of States have deposited instruments of

ratification, acceptance, approval or accession with the depositary.
See, for example, article 126 (1) of the Rome Statute of the International
Criminal Court, 1998:
This Statute shall enter into force on the first day of the month after the 60th
day following the date of the deposit of the 60th instrument of ratification,
acceptance, approval or accession with the Secretary-General of the United
Nations.
(d)
On a specific date after certain conditions are fulfilled.

See, for example, article 39 (1) of the International Tropical Timber
Agreement, 2006:
This Agreement shall enter into force definitively on 1 February 2008 or on
any date thereafter, if 12 Governments of producers holding at least 60 per
cent of the total votes as set out in Annex A to this Agreement and 10
Governments of consumers as listed in Annex B and accounting for 60 per
cent of the global import volume of tropical timber in the reference year
22
jurisdiction of the International Court of Justice. These declarations are registered ex

officio (see section 5.4.3) when deposited with the Secretary-General.
A political statement lacking legal content and not expressing an understanding relating
to the legal scope of a provision of a treaty or international agreement cannot be
registered with the Secretariat.
5.5.4
Subsequent actions, modifications and agreements
(See the Repertory of Practice, Article 102, and article 2 of the Regulations in the
annex to the General Survey.)
Subsequent actions effecting a change in the parties to, or the terms, scope or
application of, a treaty or international agreement previously registered must be
registered with the Secretariat. For example, such actions may involve ratifications,
accessions, prolongations, extensions to territories, or denunciations. In the case of
bilateral treaties, it is generally the party responsible for the subsequent action that
registers it with the Secretariat. However, any other party to such agreement may assume
this role. In the case of a multilateral treaty or agreement, the depositary usually effects
registration of such actions (see section 5.4.3 in relation to treaties or international
agreements deposited with the Secretary-General).
Where a new instrument modifies the scope or application of a parent agreement, such
new instrument must also be registered with the Secretariat. It is clear from article 2 of
the Regulations that for the subsequent treaty or international agreement to be registered,
the prior treaty or international agreement to which it relates must first be registered. In
order to maintain organizational continuity, the registration number that has been
assigned for the registration of the parent treaty or international agreement is also
assigned to the subsequent treaty or international agreement.
5.6
Requirements for registration
(See the Repertory of Practice, Article 102, article 5 of the Regulations in the annex to
the General Survey and annex 10.)
Before preparing documents for registration, the following points should be taken into
account:
(a)
Whether the treaty or international agreement has already been registered

with the Secretariat. If the treaty or international agreement has already
been registered, it does not have to be submitted for registration.
(b)
Provisions in a treaty may invoke other agreements that form a part of the
treaty and are essential for the application and implementation of the
treaty. If those agreements are not yet registered, they should also be
submitted for registration.
Treaties and international agreements that have already been registered could be
searched on the United Nations Treaty Series database (http://treaties.un.org).
34
See, for example, article 57 (2) of the International Cocoa Agreement, 2010:
This Agreement shall enter into force provisionally on 1 January 2011 if by such date
Governments representing at least five exporting countries accounting for at least 80 per cent of
the total exports of countries listed in annex A and Governments representing importing countries
having at least 60 per cent of total imports as set out in annex B have deposited their instruments
of ratification, acceptance, approval or accession, or have notified the Depositary that they will
apply this Agreement provisionally when it enters into force. Such Governments shall be
provisional Members.
Once a treaty has entered into force provisionally, it creates obligations for the parties
that agreed to bring it into force in that manner.
4.3
Dispute resolution and compliance mechanisms
Many treaties contain detailed dispute resolution provisions, but some contain only
general provisions. Where a dispute, controversy or claim arises out of a treaty (for
example, due to breach, error, fraud, performance issues, etc.) these provisions become
extremely important. If a treaty does not provide a dispute resolution mechanism,
article 66 of the Vienna Convention 1969 may apply.
Treaties may provide various dispute resolution mechanisms, such as negotiation,
consultation, conciliation, use of good offices, panel procedures, arbitration, judicial
settlement, reference to the International Court of Justice, etc. See, for example, article
119 (2) of the Rome Statute of the International Criminal Court, 1998:
Any other dispute between two or more States Parties relating to the interpretation or
application of this Statute which is not settled through negotiations within three months
of their commencement shall be referred to the Assembly of States Parties. The Assembly
may itself seek to settle the dispute or may make recommendations on further means of
settlement of the dispute, including referral to the International Court of Justice in
conformity with the Statute of that Court.
In some recently concluded treaties, detailed compliance mechanisms are included.

Many disarmament treaties and some environmental treaties provide compliance
mechanisms, for example, by imposing monitoring and reporting requirements. See, for
example, article 8 of the Montreal Protocol on Substances that Deplete the Ozone Layer,
1987, which provides that the parties shall consider and approve procedures and
institutional mechanisms for determining non-compliance with the provisions of this
Protocol and for treatment of Parties found to be in non-compliance. During the Fourth
Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone
Layer (Copenhagen, 1992), the parties adopted a detailed non-compliance procedure
(Report of the Fourth Meeting of the Parties to the Montreal Protocol on Substances that
Deplete the Ozone Layer, 1992 (UNEP/OzL.Pro.4/15), decision IV/5, and annexes IV
and V; see http://www.unep.org).
Many human rights treaties provide for independent committees to oversee the
implementation of their provisions, for example, the Convention on the Elimination of All
Forms of Discrimination against Women, 1979; the Optional Protocol to the Convention
on the Elimination of All Forms of Discrimination against Women, 1999; and the
International Covenant on Civil and Political Rights, 1966.
24
4.4
Amendments

4.4.1
Amending treaties that have entered into force
The text of a treaty may be amended in accordance with the amendment provisions in
the treaty itself or in accordance with Part IV of the Vienna Convention 1969. If the
treaty does not specify any amendment procedures, the parties may negotiate a new treaty
or agreement amending the existing treaty.
An amendment procedure within a treaty may contain provisions governing the
following:
(a)
Proposal of amendments
See, for example, article 15 of the Optional Protocol to the Convention on
the Rights of Persons with Disabilities, 2006:
Any State Party may propose an amendment to the present Protocol and submit it to
the Secretary-General of the United Nations. The Secretary-General shall
communicate any proposed amendments to States Parties; with a request to be
notified whether they favour a meeting of States Parties for the purpose of
considering and deciding upon the proposals.
(b)
Circulation of proposals of amendments

Normally, the relevant treaty secretariat circulates proposals of
amendments. The treaty secretariat is in the best position to provide
administrative support and assist with any necessary consultation between
negotiating States. The treaty itself may detail the secretariats role in this
regard. In the absence of circulation of the amendment by the treaty body,
the Secretary-General, as depositary, may perform this function.
(c)
Adoption of amendments
Amendments may be adopted by States parties at a conference or by an
executive body, such as the executive arm of the treaty. See, for example,
article 13 (4) of the Convention on Cluster Munitions, 2008:
Any amendment to this Convention shall be adopted by a majority of two-thirds of
the States Parties present and voting at the Amendment Conference. The Depositary
shall communicate any amendment so adopted to all States.
(d)
Parties consent to be bound by amendments

Treaties normally specify that a party must formally consent to be bound
by an amendment, following adoption, by depositing an instrument of
ratification, acceptance or approval of the amendment. See, for example,
article 39 (3) of the United Nations Convention against Transnational
Organized Crime, 2000:
An amendment adopted in accordance with paragraph 1 of this article is
subject to ratification, acceptance or approval by States Parties.
25
United Nations Treaty Series

Article 12 of the Regulations provides that the Secretariat shall publish, as soon as
possible, in a single series every treaty or international agreement that is registered, or
filed and recorded. Treaties are published in the United Nations Treaty Series in their
authentic languages, followed by translations in English and French, as required.
Subsequent actions are published in the same manner. The Secretariat requires clear
copies of treaties and international agreements for publication purposes as it publishes in
electronic format the text of the treaty as submitted.
Limited publication
Originally, article 12 of the Regulations required the Secretariat to publish in full all
treaties and international agreements registered or filed and recorded with the Secretariat.
The General Assembly modified this framework in its resolution 33/141 of 19 December
1978 in light of the substantial increase in treaty-making on the international plane and
the publication backlog that existed at that time (Report of the Secretary-General,
A/33/258, 2 October 1978, paras. 3-7).
According to article 12 (2) of the Regulations, as amended in 1978, the Secretariat is
no longer required to publish in extenso, i.e., in full, bilateral treaties falling within one of
the following categories:
(a) Assistance and cooperation 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 [United Nations Treaty Series]
by the United Nations Secretariat or by a specialized or related agency.
In 1997, the General Assembly extended the limited publication policy to multilateral
treaties, so that the Secretariat now has discretion not to publish in extenso bilateral and
multilateral treaties or agreements falling within one of the categories listed under article
12 (2) (a) to (c) (General Assembly resolution 52/153 of 15 December 1997):
The General Assembly
7.
Invites the Secretary-General to apply the provisions of article 12, paragraph 2,
of the Regulations to give effect to Article 102 of the Charter of the United Nations to
multilateral treaties falling within the terms of article 12, paragraph 2 (a) to (c);
Lengthy lists of products attached to bilateral or multilateral trade agreements also fall
within the limited publication policy. In addition, agreements of the European Union are
published only in English and French.
Today, approximately 25 per cent of the treaties registered are subject to the limited
publication policy. An example of a multilateral treaty or agreement falling under the
extended scope of article 12 (2) is the Agreement concerning the Adoption of Uniform
Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted
and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of
Approvals Granted on the Basis of these Prescriptions, 1958. Due to the highly technical
nature of this Agreement, which contains over 100 annexed regulations, all of which are
subject to amendments on a regular basis, the Secretariat does not publish this Agreement
in full in the United Nations Treaty Series.
39
CONTACTS WITH THE TREATY SECTION: PROCEDURAL

INFORMATION
6.1
General information
6.1.1
Contacting the Treaty Section

Treaty Section
United Nations
New York, NY 10017
USA
6.1.2
Telephone:
Facsimile:
Website:
212 963 5047

212 963 3693
Functions of the Treaty Section
As mentioned in the Introduction to this Handbook, the Treaty Section of the Office of
Legal Affairs of the United Nations discharges the responsibility for the depositary
functions of the Secretary-General of the United Nations and the registration and
publication of treaties submitted to the Secretariat. This section sets out some steps to
follow in contacting the Treaty Section in relation to certain treaty actions.
6.1.3
Delivery of documents for deposit
Most treaty actions become effective only upon deposit of the relevant instrument.
States are advised to deliver instruments for deposit directly to the Treaty Section to
ensure they are promptly processed. The date of deposit is normally recorded as that on
which the instrument is received at Headquarters, unless the instrument is subsequently
deemed unacceptable. Persons who are merely delivering instruments (rather than, for
example, signing a treaty) do not require full powers.
6.1.4
Translations
States are encouraged to provide courtesy translations, where feasible, in English or

French of any instruments in other languages that are submitted to the Treaty Section.
This facilitates the prompt processing of the relevant actions.
41
CONTACTS WITH THE TREATY SECTION: PROCEDURAL INFORMATION
6.2
Signing a multilateral treaty
NO
Is the treaty
open for
signature
by the State
wishing to
sign?
The State cannot

sign but may be
able to accede to
the treaty.
YES
YES
Is the proposed
signatory the
Head of State,
Head of
Government or
Minister for
Foreign Affairs
of the State?
NO
42
1. Make an appointment with the

Treaty Section for signature.
2. Attend the appointment and sign
the treaty (no need for an
instrument of full powers).
1. Prepare instrument of full powers in

accordance with annex 3 for the
proposed signatory.
2. Deliver a copy of instrument of full
powers by e-mail or fax to the
Treaty Section for review,
preferably, where appropriate,
including a translation into English
or French.
3. Make an appointment with the
Treaty Section for signature.
4. Attend the appointment:
Present the original instrument
of full powers.
Sign the treaty.
6.3
Ratifying, accepting, approving or acceding to a multilateral

treaty
YES
1. Prepare instrument of ratification, acceptance or approval (as

applicable) in accordance with annex 4.
2. E-mail or fax a copy of the instrument for review, preferably
including a translation into English or French, where
appropriate.
3. Deliver the original instrument by hand or mail to the Treaty
Section.
4. If the instrument is e-mailed or faxed to the Treaty Section for
immediate deposit, deliver the original instrument to the Treaty
Section as soon as possible thereafter.
Has the State

already signed
the treaty?
NO
Is the treaty
open for
accession by
the State
(without
prior
signature)?
YES
NO
The State
cannot
accede to the
treaty.
43
1. Prepare instrument of
accession in accordance
with annex 5.
2. E-mail or fax to the Treaty
Section, preferably
including a translation into
English or French, where
appropriate.
3. Deliver the original
instrument by hand or mail
to the Treaty Section.
4. If the instrument is e-mailed
or faxed to the Treaty
Section for immediate
deposit, deliver the original
instrument to the Treaty
Section as soon as possible.
5.3
Meaning of "treaty" and "international agreement" under

Article 102
5.3.1
Role of the Secretariat

When the Secretariat receives instruments for the purpose of registration, the Treaty
Section examines the instruments to determine whether they are capable of being
registered. The Secretariat generally respects the view of the party 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. However, the
Secretariat examines each instrument to satisfy itself that it, prima facie, constitutes a
treaty. The Secretariat has the discretion to refrain from taking action if, in its view, an
instrument submitted for registration does not constitute a treaty or an international
agreement or does not meet all the requirements for registration stipulated by the
Regulations (see section 5.6).
Where an instrument submitted fails to comply with the requirements under the
Regulations or is unclear, the Secretariat places it in a pending file. The Secretariat then
requests clarification or additional documents, in writing, from the submitting party. The
Secretariat will not process the instrument until it receives such clarification or additional
documents.
Where an instrument is registered with the Secretariat, this does not imply a judgement
by the Secretariat on the nature of the instrument, the status of a party, or any similar
question. Thus, the Secretariats acceptance for registration of an instrument does not
confer on the instrument the status of a treaty or an international agreement if it does not
already possess that status. Similarly, registration does not confer on a party to a treaty or
international agreement a status that it would not otherwise have.
5.3.2
Form
(See the Repertory of Practice, Article 102, paras. 18-30.)

The Charter of the United Nations does not define the terms "treaty" or "international
agreement". Article 1 of the Regulations provides guidance on what comprises a treaty or
international agreement by adding the phrase whatever its form and descriptive name.
Therefore, the title and form of a document submitted to the Secretariat for registration
are less important than its content in determining whether it is a treaty or international
agreement. An exchange of notes or letters, a protocol, an accord, a memorandum of
understanding and even a unilateral declaration may be registrable under Article 102.
5.3.3
Parties
A treaty or international agreement under Article 102 must be concluded between at

least two parties possessing treaty-making capacity. Thus, a sovereign State or an
international organization with treaty-making capacity can be a party to a treaty or
international agreement.
30
Many international organizations established by treaty or international agreement have

been specifically or implicitly conferred treaty-making capacity. Similarly, some treaties
recognize the treaty-making capacity of certain international organizations, such as the
European Union. However, an international entity established by treaty or international
agreement may not necessarily have the capacity to conclude treaties.
5.3.4
Intention to create legal obligations under international law
A treaty or international agreement must impose on the parties legal obligations

binding under international law, as opposed to mere political commitments. It must be
clear on the face of the instrument, whatever its form, that the parties intend to be legally
bound under international law.
In one instance, the Secretariat concluded that an instrument submitted for registration,
which contained a framework for creating an association of parliamentarians, was not
registrable under Article 102. Accordingly, the instrument was not registered. The
Secretariat determined that the document submitted was not a treaty or international
agreement among international juridical persons to create rights and obligations
enforceable under international law.
5.4
Types of registration, filing and recording
5.4.1
Registration with the Secretariat
(See the Repertory of Practice, Article 102, paras. 43-44, 55-57 and 67-70, and article
1 of the Regulations in the annex to the General Survey.)
Under Article 102 of the Charter of the United Nations (see section 5.1), treaties and
international agreements of which at least one party is a Member of the United Nations
must be registered with the Secretariat. The treaty or international agreement has to be in
force between at least two of the parties and the other requirements for registration have
to be met (article 1 of the Regulations) (see section 5.6).
As mentioned above, Member States of the United Nations are obliged to register,
under Article 102, all treaties and international agreements concluded after the coming
into force of the Charter of the United Nations. Thus, the onus to register rests with
Member States of the United Nations. Although this obligation is mandatory for Member
States of the United Nations, it does not preclude international organizations with treatymaking capacity or non-Member States from submitting for registration treaties or
international agreements entered into with a Member State.
A specialized agency is permitted to register with the Secretariat a treaty or
international agreement that is subject to registration in the following cases (article 4 (2)
of the Regulations):
(a) Where the constituent instrument of the specialized agency provides for
such registration;
(b) Where the treaty or agreement has been registered with the specialized
agency pursuant to the terms of its constituent instrument;
31
(c) Where the specialized agency has been authorized by the treaty or
agreement to effect registration.
In accordance with article 1 (3) of the Regulations, which provides for registration to
be effected by any party to a treaty or international agreement, the specialized agency
may also register those treaties and international agreements to which it itself is a party.
5.4.2
Filing and recording by the Secretariat
(See the Repertory of Practice, Article 102, paras. 71-81, and article 10 of the
Regulations in the annex to the General Survey.)
The Secretariat files and records treaties or international agreements voluntarily
submitted to the Secretariat and not subject to registration under Article 102 of the
Charter of the United Nations or the Regulations. The requirements for registration
outlined in section 5.6 in relation to submission of treaties and international agreements
for registration apply equally to submission of treaties and international agreements for
filing and recording.
Article 10 of the Regulations provides for the Secretariat to file and record the
following categories of treaties and international agreements where they are not subject to
registration under Article 102:
(a)
Treaties or international agreements entered into by the United Nations

or by one or more of the specialized agencies. This covers treaties and
international agreements between:
(i)
(ii)
(iii)
(iv)
(v)
The United Nations and non-member States;

The United Nations and specialized agencies or international
organizations;
Specialized agencies and non-member States;
Two or more specialized agencies; and
Specialized agencies and international organizations.
Although not expressly provided for in the Regulations, it is also the

practice of the Secretariat to file and record treaties or international
agreements between two or more international organizations other than
the United Nations or a specialized agency.
(b)
Treaties or international agreements transmitted by a Member of the

United Nations which were entered into before the coming into force
of the Charter of the United Nations, but which were not included in
the treaty series of the League of Nations; and
(c)
Treaties or international agreements transmitted by a party not a

member of the United Nations, which were entered into before or after
the coming into force of the Charter of the United Nations and which
were not included in the treaty series of the League of Nations.
32
5.4.3
Ex officio registration by the United Nations
(See the Repertory of Practice, Article 102, paras. 45-54, and article 4 (1) of the
Regulations in the annex to the General Survey.)
Article 4 (a) of the Regulations provides that every treaty or international agreement
that is subject to registration and to which the United Nations is a party shall be registered
ex officio. Ex officio registration is the act whereby the United Nations unilaterally
registers all treaties or international agreements to which it is a party. Although not
expressly provided for in the Regulations, it is the practice of the Secretariat to register ex
officio subsequent actions relating to a treaty or international agreement that the United
Nations has previously registered ex officio.
Where the Secretary-General is the depositary of a multilateral treaty or agreement, the
United Nations also registers ex officio the treaty or international agreement and
subsequent actions to it after the relevant treaty or international agreement has entered
into force (see article 4 (c) of the Regulations).
5.5
Types of agreements registered or filed and recorded
5.5.1
Multilateral treaties
A multilateral treaty is an international agreement concluded between three or more

subjects of international law, each possessing treaty-making capacity (see section 5.3.3).
5.5.2
Bilateral treaties
The majority of treaties registered pursuant to Article 102 of the Charter of the United
Nations are bilateral treaties. A bilateral treaty is an international agreement concluded
between two subjects of international law, each possessing treaty-making capacity (see
section 5.3.3). In some situations, several States or organizations may join together to
form one party. There is no standard form for a bilateral treaty.
An essential element of a bilateral treaty is that both parties have reached agreement on
its content. Accordingly, reservations and declarations are generally inapplicable to
bilateral agreements. However, where the parties to a bilateral treaty have made
reservations or declarations, or agreed on some other interpretative document, such
instrument must be registered together with the treaty submitted for registration under
Article 102 of the Charter of the United Nations (see article 5 of the Regulations).
5.5.3
Unilateral declarations

Unilateral declarations that constitute interpretative, optional or mandatory declarations
(see sections 3.6.1 and 3.6.2) may be registered with the Secretariat by virtue of their
relation to a previously or simultaneously registered treaty or international agreement.
Unlike interpretative, optional and mandatory declarations, some unilateral declarations
may be regarded as having the character of international agreements in their own right
and are registered as such. An example is a unilateral declaration made under Article
36 (2) of the Statute of the International Court of Justice, recognizing as compulsory the
33
jurisdiction of the International Court of Justice. These declarations are registered ex

officio (see section 5.4.3) when deposited with the Secretary-General.
A political statement lacking legal content and not expressing an understanding relating
to the legal scope of a provision of a treaty or international agreement cannot be
registered with the Secretariat.
5.5.4
Subsequent actions, modifications and agreements
(See the Repertory of Practice, Article 102, and article 2 of the Regulations in the
annex to the General Survey.)
Subsequent actions effecting a change in the parties to, or the terms, scope or
application of, a treaty or international agreement previously registered must be
registered with the Secretariat. For example, such actions may involve ratifications,
accessions, prolongations, extensions to territories, or denunciations. In the case of
bilateral treaties, it is generally the party responsible for the subsequent action that
registers it with the Secretariat. However, any other party to such agreement may assume
this role. In the case of a multilateral treaty or agreement, the depositary usually effects
registration of such actions (see section 5.4.3 in relation to treaties or international
agreements deposited with the Secretary-General).
Where a new instrument modifies the scope or application of a parent agreement, such
new instrument must also be registered with the Secretariat. It is clear from article 2 of
the Regulations that for the subsequent treaty or international agreement to be registered,
the prior treaty or international agreement to which it relates must first be registered. In
order to maintain organizational continuity, the registration number that has been
assigned for the registration of the parent treaty or international agreement is also
assigned to the subsequent treaty or international agreement.
5.6
Requirements for registration
(See the Repertory of Practice, Article 102, article 5 of the Regulations in the annex to
the General Survey and annex 10.)
Before preparing documents for registration, the following points should be taken into
account:
(a)
Whether the treaty or international agreement has already been registered

with the Secretariat. If the treaty or international agreement has already
been registered, it does not have to be submitted for registration.
(b)
Provisions in a treaty may invoke other agreements that form a part of the
treaty and are essential for the application and implementation of the
treaty. If those agreements are not yet registered, they should also be
submitted for registration.
Treaties and international agreements that have already been registered could be
searched on the United Nations Treaty Series database (http://treaties.un.org).
34
An instrument submitted for registration must meet the following general requirements:
1.
Treaty or international agreement within the meaning of Article 102

As mentioned above, the Secretariat reviews each document submitted for
registration to ensure that it falls within the meaning of a treaty or
international agreement under Article 102 of the Charter of the United
Nations (see section 5.3).
2.
Certifying statement
(See the model certifying statement in annex 9.)
Article 5 of the Regulations requires that a party or specialized agency
registering a treaty or international agreement certify that the text is a true
and complete copy thereof and includes all reservations made by parties
thereto. The certifying statement must include:
(a)
The title of the agreement;
(b)
The place and date of conclusion;
(c)
The date and method of entry into force for each party; and
(d)
The authentic languages in which the agreement was drawn
up.
3.
Copy of treaty or international agreement

A party must submit ONE certified true and complete copy of all authentic
text(s) in paper format and, if available, ONE electronic copy to the
Secretariat for registration purposes. Most treaties or international
agreements are concluded in more than one language. A paper and
electronic copy of the treaty or international agreement in all the
languages in which it was concluded must be submitted. As all registered
treaties will subsequently be published in the United Nations Treaty
Series, it is imperative that the hard copy version is clear, legible and
capable of being reproduced in the United Nations Treaty Series (see
updated publication requirements at
http://treaties.un.org/doc/source/guidelines.pdf. The General Assembly has
urged States to provide English and/or French translations of treaties
submitted for registration with the United Nations Secretariat where
feasible. Courtesy translations in English and French, or any of the other
official languages of the United Nations, greatly assist in the timely and
cost-effective publication of the United Nations Treaty Series.
4.
Copy of attachments
A party must submit ONE certified true and complete copy of all
attachments in paper format and, if available, ONE electronic copy of
them. Since the text of a treaty or an international agreement submitted for
registration must be complete, a copy of all enclosures, such as
protocols, exchanges of notes, authentic texts, annexes, etc., to the treaty
or international agreement forming an integral part thereof must be
35
included in the submission transmitted for registration. The Secretariat

brings the omission of any such enclosures to the attention of the
registering party and defers action on the treaty or international agreement
until the material is complete.
5.
Copy of reservations, declarations, objections (particularly for multilateral

treaties)
A party must submit ONE certified true and complete copy in paper
format and, if available, ONE electronic copy of all reservations,
declarations and objections, if any, in the language(s) in which they were
formulated and English and French translations, if possible.
6.
List of contracting States or organizations (for multilateral treaties)

In the case of a multilateral treaty, a list of contracting States or
organizations must be provided, with the date of deposit of the
instruments, the type of instruments (ratification, accession, etc.) and the
date of entry into force of the treaty indicated for each contracting State or
organization.
7.
Date and method of entry into force, place and date of conclusion, names
of signatories
The documentation submitted must specify the date and method of entry
into force, as well as the date and place of conclusion of the treaty or
international agreement. The names of the signatories should be specified
unless they are in typed form as part of the signature block. All these types
of information can be provided in the certifying statement (see section
5.6.2).
8.
Subsequent agreements
Any treaty or international agreement concluded in relation to a previously
registered or filed and recorded treaty or international agreement (such as
a protocol amending the original treaty) must be submitted in accordance
with the requirements mentioned above.
9.
Subsequent actions
All subsequent actions to a treaty or an international agreement must be
registered or filed and recorded with the Secretariat. In case a subsequent
action is accompanied by an instrument, for example, a reservation or a
declaration, ONE certified true and complete copy thereof must also be
submitted in paper format and, if available, ONE electronic copy of the
instrument. The copy to be provided should be in the language(s) in which
it was formulated, accompanied by English and French translations, if
possible. The documentation submitted must specify the date of
notification and the date of effect of the treaty action.
36
ANNEX 6 MODEL INSTRUMENT OF

RESERVATION/DECLARATION
(To be signed by the Head of State, Head of Government
or Minister for Foreign Affairs)
[RESERVATION / DECLARATION]
_____________
I, [name and title of the Head of State, Head of Government or Minister for Foreign
Affairs],
HEREBY DECLARE that the Government of [name of State] makes the following
[reservation / declaration] in relation to article(s) [---] of the [title and date of adoption of
the treaty, convention, agreement, etc.]:
[Substance of reservation / declaration]
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Done at [place] on [date].
[Signature and title]
54
ANNEX 7 MODEL INSTRUMENT OF MODIFICATION
OF RESERVATION(S)

MODIFICATION OF RESERVATION
_____________
WHEREAS the Government of [name of State] [ratified, approved, accepted, acceded

to] the [title and date of adoption of the treaty, convention, agreement, etc.] on [date],
AND WHEREAS, upon [ratification, approval, acceptance of / accession to] the [treaty,
convention, agreement, etc.], the Government of [name of State] made (a) reservation(s)
to article(s) [----] of the [treaty, convention, agreement, etc.],
NOW THEREFORE I, [name and title of the Head of State, Head of Government or
Minister for Foreign Affairs], declare that the Government of [name of State], having
reviewed the said reservation(s), hereby modifies the same as follows:
[Substance of modification]
55
United Nations Treaty Series

Article 12 of the Regulations provides that the Secretariat shall publish, as soon as
possible, in a single series every treaty or international agreement that is registered, or
filed and recorded. Treaties are published in the United Nations Treaty Series in their
authentic languages, followed by translations in English and French, as required.
Subsequent actions are published in the same manner. The Secretariat requires clear
copies of treaties and international agreements for publication purposes as it publishes in
electronic format the text of the treaty as submitted.
Limited publication
Originally, article 12 of the Regulations required the Secretariat to publish in full all
treaties and international agreements registered or filed and recorded with the Secretariat.
The General Assembly modified this framework in its resolution 33/141 of 19 December
1978 in light of the substantial increase in treaty-making on the international plane and
the publication backlog that existed at that time (Report of the Secretary-General,
A/33/258, 2 October 1978, paras. 3-7).
According to article 12 (2) of the Regulations, as amended in 1978, the Secretariat is
no longer required to publish in extenso, i.e., in full, bilateral treaties falling within one of
the following categories:
(a) Assistance and cooperation 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 [United Nations Treaty Series]
by the United Nations Secretariat or by a specialized or related agency.
In 1997, the General Assembly extended the limited publication policy to multilateral
treaties, so that the Secretariat now has discretion not to publish in extenso bilateral and
multilateral treaties or agreements falling within one of the categories listed under article
12 (2) (a) to (c) (General Assembly resolution 52/153 of 15 December 1997):
The General Assembly
7.
Invites the Secretary-General to apply the provisions of article 12, paragraph 2,
of the Regulations to give effect to Article 102 of the Charter of the United Nations to
multilateral treaties falling within the terms of article 12, paragraph 2 (a) to (c);
Lengthy lists of products attached to bilateral or multilateral trade agreements also fall
within the limited publication policy. In addition, agreements of the European Union are
published only in English and French.
Today, approximately 25 per cent of the treaties registered are subject to the limited
publication policy. An example of a multilateral treaty or agreement falling under the
extended scope of article 12 (2) is the Agreement concerning the Adoption of Uniform
Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted
and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of
Approvals Granted on the Basis of these Prescriptions, 1958. Due to the highly technical
nature of this Agreement, which contains over 100 annexed regulations, all of which are
subject to amendments on a regular basis, the Secretariat does not publish this Agreement
in full in the United Nations Treaty Series.
39
ANNEX 10 CHECKLIST FOR REGISTRATION

Requirements for submission of treaties and international agreements for registration and
publication in accordance with Article 102 of the Charter of the United Nations and the
Regulations:
PRELIMINARY CHECKS
DOCUMENTATION TO BE
PROVIDED
1.
Treaty / Agreement
2. All attachments (annexes, minutes,

procs-verbaux, etc.)
3. Text of reservations, declarations,
objections (particularly for multilateral
treaties)
4. Translations of 1 to 3 above into
English and/or French (if available)
5. List of contracting
States/organizations (for multilateral
treaties)
6.
Maps (if applicable)
7. Certifying statement
Has the treaty already been registered with the

Secretariat? (If so, it does not have to be submitted.)
Provisions in a treaty may invoke other agreements that
form a part of the treaty and are essential for the
application and implementation of the treaty. Are those
agreements already registered? (If not, all those
agreements should also be submitted in the format
specified below.)
FORMAT / TYPE OF INFORMATION
ONE certified true and complete and legible copy of all

authentic text(s) and, if available,
ONE electronic copy on electronic media


authentic text(s) and, if available

One paper copy and one electronic copy, if available, where
necessary
Please provide, for each contracting State or organization:

Date of deposit of the instrument
Nature of the instrument (ratification, accession, etc.)
Date of entry into force of the Treaty/Agreement
ONE certified true and complete copy of the original
document in its original scale and, if available,
ONE high resolution (400-600 dpi) scanned digital file
Statement of true and complete copy (for both paper and
electronic copy)
Title of Treaty / Agreement
Date and place of conclusion
Date of entry into force
Method of entry into force (signature, ratification,
approval, accession, etc.)
Authentic languages
Names of signatories
58
CONTACTS WITH THE TREATY SECTION: PROCEDURAL

INFORMATION
6.1
General information
6.1.1
Contacting the Treaty Section

Treaty Section
United Nations
New York, NY 10017
USA
6.1.2
Telephone:
Facsimile:
Website:
212 963 5047

212 963 3693
Functions of the Treaty Section
As mentioned in the Introduction to this Handbook, the Treaty Section of the Office of
Legal Affairs of the United Nations discharges the responsibility for the depositary
functions of the Secretary-General of the United Nations and the registration and
publication of treaties submitted to the Secretariat. This section sets out some steps to
follow in contacting the Treaty Section in relation to certain treaty actions.
6.1.3
Delivery of documents for deposit
Most treaty actions become effective only upon deposit of the relevant instrument.
States are advised to deliver instruments for deposit directly to the Treaty Section to
ensure they are promptly processed. The date of deposit is normally recorded as that on
which the instrument is received at Headquarters, unless the instrument is subsequently
deemed unacceptable. Persons who are merely delivering instruments (rather than, for
example, signing a treaty) do not require full powers.
6.1.4
Translations
States are encouraged to provide courtesy translations, where feasible, in English or

French of any instruments in other languages that are submitted to the Treaty Section.
This facilitates the prompt processing of the relevant actions.
41
GLOSSARY
This section provides a guide to terms commonly used in relation to treaties and
employed in the practice of the Secretary-General as depositary of multilateral treaties, as
well as in the Secretariats registration function. Where applicable, a reference to relevant
provisions of the Vienna Convention 1969 is included.
acceptance
See ratification.
accession
Accession is the act whereby a State that has not signed a treaty
expresses its consent to become a party to that treaty by depositing an
instrument of accession (see annex 5). Accession has the same legal
effect as ratification, acceptance or approval. The conditions under
which accession may occur and the procedure involved depend on the
provisions of the relevant treaty. Accession is generally employed by
States wishing to express their consent to be bound by a treaty where
the deadline for signature has passed. However, many modern
multilateral treaties provide for accession even during the period that
the treaty is open for signature. See articles 2 (1) (b) and 15 of the
Vienna Convention 1969.
adoption
Adoption is the formal act by which negotiating parties establish the

form and content of a treaty. The treaty is adopted through a specific
act expressing the will of the States and the international organizations
participating in the negotiation of that treaty, for example, by voting
on the text, initialling, signing, etc. Adoption may also be the
mechanism used to establish the form and content of amendments to a
treaty, or regulations under a treaty.
Treaties that are negotiated within an international organization are
usually adopted by resolution of the representative organ of that
organization. For example, treaties negotiated under the auspices of
the United Nations, or any of its bodies, are adopted by a resolution of
the General Assembly of the United Nations.
Where an international conference is specifically convened for the
purpose of adopting a treaty, the treaty can be adopted by a vote of
two thirds of the States present and voting, unless they have decided
by the same majority to apply a different rule.
See article 9 of the Vienna Convention 1969.
amendment
Amendment, in the context of treaty law, means the formal alteration

of the provisions of a treaty by its parties. Such alterations must be
effected with the same formalities that attended the original formation
of the treaty. Multilateral treaties typically provide specifically for
their amendment. In the absence of such provisions, the adoption and
entry into force of amendments require the consent of all the parties.
See articles 39 and 40 of the Vienna Convention 1969.
62
GLOSSARY
approval
See ratification.
authentication
Authentication is the procedure whereby the text of a treaty is

established as authentic and definitive. Once a treaty has been
authenticated, its provisions cannot be modified except by formal
amendment. If procedures for authentication have not been
specifically agreed, the treaty will usually be authenticated by
signature, or initialling, by the representatives of those States. It is this
authenticated text that the depositary uses to establish the original text.
authentic language
A treaty typically specifies its authentic languagesthe languages in
which the meaning of its provisions is to be determined.
authentic or authenticated text
The authentic or authenticated text of a treaty is the version of the
treaty that has been authenticated by the parties.
bilateral treaty
See treaty.
certified true
copy
certified true copy for depositary purposes

A certified true copy for depositary purposes means an accurate
duplication of an original treaty, prepared in all authentic languages,
and certified as such by the depositary of the treaty. The SecretaryGeneral of the United Nations circulates certified true copies of each
treaty deposited with the Secretary-General to all States and entities
that may become parties to the treaty. For reasons of economy, the
Secretary-General, as depositary, normally provides only two certified
true copies to each prospective participant in the treaty. States are
expected to make any additional copies required to fulfil their
domestic needs. See article 77 (1) (b) of the Vienna Convention 1969.
certified true copy for registration purposes
A certified true copy for registration purposes means an accurate
duplication of a treaty submitted to the Secretariat of the United
Nations for registration. The registering party must certify that the text
submitted is a true and complete copy of the treaty and that it includes
all reservations made by the parties. The date and place of adoption,
the date and the method whereby the treaty has come into force, and
the authentic languages must be included. See article 5 of the
Regulations.
certifying
statement
A certifying statement is the statement accompanying the certified true

copy of a treaty or a treaty action for registration purposes, certifying
that it is such a copy (see section 5.6 and annex 9).
C.N.
See depositary notification.
63
GLOSSARY
consent to be
bound
A State expresses its consent to be bound by a treaty under

international law by some formal act, i.e., definitive signature,
ratification, acceptance, approval or accession. The treaty normally
specifies the act or acts by which a State may express its consent to be
bound. See articles 11-18 of the Vienna Convention 1969.
contracting
State
A contracting State is a State that has expressed its consent to be

bound by a treaty where the treaty has not yet entered into force or
where it has not entered into force for that State. See article 2 (1) (f) of
the Vienna Convention 1969.
convention
Whereas in the twentieth century the term convention was regularly

employed for bilateral agreements, it is now generally used for formal
multilateral treaties with a broad number of parties. Conventions are
normally open for participation by the international community as a
whole, or by a large number of States. Usually instruments negotiated
under the auspices of an international organization are entitled
conventions. The same holds true for instruments adopted by an organ
of an international organization.
correction
Correction of a treaty is the remedying of an error in its text. If, after

the authentication of a text, the signatory and contracting States agree
that an error exists, those States can correct the error by:
(a)
Initialling the corrected treaty text;
(b)
Executing or exchanging an instrument containing the
correction; or
(c)
Executing the corrected text of the whole treaty by the
same procedure by which the original text was executed.
If there is a depositary, the depositary must communicate the proposed
corrections to all signatory and contracting States. In the practice of
the United Nations, the Secretary-General, as depositary, informs all
States of the error and the proposal to correct it. If, on the expiry of a
specified time limit, no signatory or contracting State objects, the
Secretary-General circulates a procs-verbal of rectification and
causes the corrections to be effected in the authentic text(s) ab initio.
States have 90 days to object to a proposed correction. This period can
be shortened if necessary.
credentials
Credentials take the form of a document issued by a State authorizing

a delegate or delegation of that State to attend a conference, including,
where necessary, for the purpose of negotiating and adopting the text
of a treaty. A State may also issue credentials to enable signature of
the Final Act of a conference. Credentials are distinct from full
powers. Credentials permit a delegate or delegation to adopt the text
of a treaty and/or sign the Final Act, while full powers permit a person
to undertake any given treaty action (in particular, signature of
64
6.5
Depositing a multilateral treaty with the Secretary-General
1. Well before the treaty is adopted, contact the Treaty Section, including on the
question of the Secretary-General acting as depositary and on the final clauses (see
ST/SGB/2001/7 of 28 August 2001 in annex 11).
2. Deliver a copy of the treaty (in particular, the draft final clauses of the treaty) to the
Treaty Section for review, in the authentic languages of the treaty.
3. Following adoption, deposit the original treaty in all authentic languages with the
Treaty Section. In order for the Treaty Section to prepare authentic texts and certified
true copies in time for signature, provide pdf and Word versions of the treaty as
adopted (hard copy and electronic format Microsoft Word).
45
6.6
Registering or filing and recording a treaty with the Secretariat

NO
Does the instrument constitute a treaty or international

agreement under Article 102? This requires:
At least two parties with treaty-making capacity;
An intention to create international legal obligations; and
The instrument is governed by international law.
YES
The instrument cannot be

registered or filed and
recorded.
NO
Has the agreement entered into force?

YES
YES
The United Nations will unilaterally

register or file and record the
agreement ex officio, as appropriate.
Is the United Nations a

party to the agreement?
NO
YES
Is the Secretary-General the

depositary of the agreement?
NO
YES
Is a party to the agreement a

State Member of the United
Nations?
The treaty or agreement

must be registered (see
annexes 9 and 10).
NO
Is a party to the agreement: a

State that is not a Member of
the United Nations; a
specialized agency of the
United Nations; or an
international organization
with treaty-making capacity?
YES
NO
46
The treaty or agreement

may be filed and
recorded (see annexes 9
and 10).
GLOSSARY
General does not accept full powers transmitted by telex or powers

that are not signed.
The Head of State, Head of Government and Minister for Foreign
Affairs are considered as representing their State for the purpose of all
acts relating to the signature of, and the consent to be bound by, a
treaty. Accordingly, they need not present full powers for those
purposes.
See articles 2 (1) (c) and 7 of the Vienna Convention 1969.
instrument of general full powers
An instrument of general full powers authorises a named
representative to execute certain treaty actions, such as signatures,
relating to treaties of a certain kind (for example, all treaties adopted
under the auspices of a particular organization).
interpretative
declaration
See declaration.
mandatory
declaration
See declaration.
memorandum
of
understanding
(M.O.U.)
The term memorandum of understanding (M.O.U.) is often used to

denote a less formal international instrument than a typical treaty or
international agreement. It often sets out operational arrangements
under a framework international agreement. It is also used for the
regulation of technical or detailed matters. An M.O.U. typically
consists of a single instrument and is entered into among States and/or
international organizations. For example, the United Nations usually
concludes M.O.U.s with Member States in order to organize its
peacekeeping operations or to arrange United Nations conferences.
The United Nations considers such M.O.U.s concluded by the United
Nations to be binding and registers them ex officio.
modification
Modification, in the context of treaty law, refers to the variation of

certain provisions of a treaty only as between particular parties to that
treaty. As between other parties, the original provisions apply. If a
treaty is silent as to modifications, they are allowed only to the extent
that they do not affect the rights or obligations of the other parties to
the treaty and do not contravene the object and purpose of the treaty.
Monthly
Statement
The Monthly Statement is the statement published by the United

Nations Secretariat on a monthly basis detailing the treaties and
international agreements registered or filed and recorded during a
particular month (see section 5.7.4).
multilateral
treaty
See treaty.
68
GLOSSARY
optional
declaration
See declaration.
party
A party to a treaty is a State or other entity with treaty-making

capacity that has expressed its consent to be bound by that treaty by an
act of ratification, acceptance, approval or accession, etc., where that
treaty has entered into force for that particular State. This means that
the State is bound by the treaty under international law. See article 2
(1) (g) of the Vienna Convention 1969.
plenipotentiary
A plenipotentiary, in the context of full powers, is the person

authorized by an instrument of full powers to undertake a specific
treaty action.
protocol
A protocol, in the context of treaty law and practice, has the same
legal characteristics as a treaty. The term protocol is often used to
describe agreements of a less formal nature than those entitled treaty
or convention. Generally, a protocol amends, supplements or clarifies
a multilateral treaty. A protocol is normally open to participation by
the parties to the parent agreement. However, in recent times States
have negotiated a number of protocols that do not follow this
principle. The advantage of a protocol is that, while it is linked to the
parent agreement, it can focus on a specific aspect of that agreement in
greater detail.
provisional
application
provisional application of a treaty that has entered into force

Provisional application of a treaty that has entered into force may
occur when a State unilaterally undertakes to give legal effect to the
obligations under a treaty on a provisional and voluntary basis. The
State would generally intend to ratify, accept, approve or accede to the
treaty once its domestic procedural requirements for international
ratification have been satisfied. The State may terminate this
provisional application at any time. In contrast, a State that has
consented to be bound by a treaty through ratification, acceptance,
approval, accession or definitive signature generally can only
withdraw its consent in accordance with the provisions of the treaty
or, in the absence of such provisions, other rules of treaty law. See
article 24 of the Vienna Convention 1969.
provisional application of a treaty that has not entered into force
Provisional application of a treaty that has not entered into force may
occur when a State notifies the signatory States to a treaty that has not
yet entered into force that it will give effect to the legal obligations
specified in that treaty on a provisional and unilateral basis. Since this
is a unilateral act by the State, subject to its domestic legal framework,
it may terminate this provisional application at any time.
A State may continue to apply a treaty provisionally, even after the
treaty has entered into force, until the State has ratified, approved,
69
GLOSSARY
Head of State, Head of Government or Minister for Foreign Affairs

(see annex 6). Reservations cannot be contrary to the object and
purpose of the treaty. Some treaties prohibit reservations or only
permit specified reservations. See articles 2 (1) (d) and 19-23 of the
revision/
review
Revision/review basically means amendment. However, some treaties

provide for revisions/reviews separately from amendments (see, for
example, Article 109 of the Charter of the United Nations). In that
case, revision/ review typically refers to an overriding adaptation of a
treaty to changed circumstances, whereas the term amendment refers
to changes to specific provisions.
signature
definitive signature (signature not subject to ratification)

Definitive signature occurs where a State expresses its consent to be
bound by a treaty by signing the treaty without the need for
ratification, acceptance or approval. A State may definitively sign a
treaty only when the treaty so permits. A number of treaties deposited
with the Secretary-General permit definitive signature. See article 12
of the Vienna Convention 1969.
simple signature (signature subject to ratification)
Simple signature applies to most multilateral treaties. This means that
when a State signs the treaty, the signature is subject to ratification,
acceptance or approval. The State has not expressed its consent to be
bound by the treaty until it ratifies, accepts or approves it. In that case,
a State that signs a treaty is obliged to refrain, in good faith, from acts
that would defeat the object and purpose of the treaty. Signature alone
does not impose on the State obligations under the treaty. See articles
14 and 18 of the Vienna Convention 1969.
treaty
Treaty is a generic term embracing all instruments binding under

international law, regardless of their formal designation, concluded
between two or more international juridical persons. Thus, treaties
may be concluded between:
(a) States;
(b) International organizations with treaty-making capacity and
States; or
(c) International organizations with treaty-making capacity.
The application of the term treaty, in the generic sense, signifies that
the parties intend to create rights and obligations enforceable under
international law.
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)). Accordingly, conventions, agreements, protocols
71
ANNEX 2
NOTE VERBALE FROM THE LEGAL COUNSEL (EXTENSION OF TIME LIMITS TO

LODGE OBJECTIONS TO LATE RESERVATIONS), 2000
has been formulated by another State and to decide upon what action, if any, should be
taken in respect of it.
By the same token, the Secretary-General as depositary will in future, when
circulating a reservation which a State may seek to formulate subsequently to having
established its consent to be bound by a treaty, stipulate twelve months as the period
within which other parties must inform him if they do not wish him to consider them to
have accepted that reservation.
The Legal Counsel of the United Nations avails himself of this opportunity to
renew to the Permanent Representatives to the United Nations the assurances of his
highest consideration.
4 April 2000
H.C.
50
ANNEX 3 MODEL INSTRUMENT OF FULL POWERS

FULL POWERS
_____________
Affairs],
HEREBY AUTHORIZE [name and title] to [sign *, ratify, denounce, effect the
following declaration in respect of, etc.] the [title and date of treaty, convention,
agreement, etc.] on behalf of the Government of [name of State].
[Signature]
_____________________
*
Subject to the provisions of the treaty, one of the following alternatives is to be chosen:
[subject to ratification] or [without reservation as to ratification].
Reservations made upon signature must be authorized by the full powers granted to the
signatory.
51
ANNEX 4 MODEL INSTRUMENT OF RATIFICATION,

ACCEPTANCE OR APPROVAL
[RATIFICATION / ACCEPTANCE / APPROVAL]

_____________
WHEREAS the [title of treaty, convention, agreement, etc.] was [concluded, adopted,
opened for signature, etc.] at [place] on [date],
AND WHEREAS the said [treaty, convention, agreement, etc.] has been signed on
behalf of the Government of [name of State] on [date],
Minister for Foreign Affairs] declare that the Government of [name of State], having
considered the above-mentioned [treaty, convention, agreement, etc.], [ratifies, accepts,
approves] the same and undertakes faithfully to perform and carry out the stipulations
therein contained.
IN WITNESS WHEREOF, I have signed this instrument of [ratification, acceptance,

approval] at [place] on [date].
[Signature]
52
ANNEX 5 MODEL INSTRUMENT OF ACCESSION

ACCESSION
_____________
WHEREAS the [title of treaty, convention, agreement, etc.] was [concluded, adopted,
opened for signature, etc.] at [place] on [date],
Minister for Foreign Affairs] declare that the Government of [name of State], having
considered the above-mentioned [treaty, convention, agreement, etc.], accedes to the
same and undertakes faithfully to perform and carry out the stipulations therein
contained.
IN WITNESS WHEREOF, I have signed this instrument of accession at [place] on

[date].
[Signature]
53
ANNEX 6 MODEL INSTRUMENT OF

RESERVATION/DECLARATION
[RESERVATION / DECLARATION]
_____________
Affairs],
HEREBY DECLARE that the Government of [name of State] makes the following
[reservation / declaration] in relation to article(s) [---] of the [title and date of adoption of
the treaty, convention, agreement, etc.]:
[Substance of reservation / declaration]
54
ANNEX 7 MODEL INSTRUMENT OF MODIFICATION
OF RESERVATION(S)

MODIFICATION OF RESERVATION
_____________

to article(s) [----] of the [treaty, convention, agreement, etc.],
reviewed the said reservation(s), hereby modifies the same as follows:
[Substance of modification]
55
ANNEX 8 MODEL INSTRUMENT OF WITHDRAWAL OF

RESERVATION(S)
WITHDRAWAL OF RESERVATION (S)

_____________

to article(s) [---] of the [treaty, convention, agreement, etc.],
reviewed the said reservation(s), hereby withdraws the same.
56
ANNEX 9 MODEL CERTIFYING STATEMENT FOR REGISTRATION

OR FILING AND RECORDING
(Model for the certifying statement required under the General Assembly Regulations to
give effect to Article 102 of the Charter) 1
CERTIFYING STATEMENT
_____________
I, THE UNDERSIGNED [name of the authority], hereby certify that the attached text is
a true and complete copy of [title of the agreement, name of the Parties, date and place of
conclusion], that [it includes all reservations made by Signatories or Parties thereto], and
that it was concluded in the following languages: [...]. I further certify that the additional
copy of this Agreement submitted on electronic media is a true and complete copy of
[title of the agreement] . 2
I FURTHER CERTIFY that the Agreement came into force on [date] by
[method of entry into force], in accordance with [article or provision in the agreement],
and that it was signed by [...] and [...].3
[Place and date of signature of certifying statement]
[Signature and title of certifying authority]
For the text of the Regulations adopted by General Assembly resolution 97 (I) of 14 December 1946
and later amended by General Assembly resolutions 364B (IV) of 1 December 1949, 482 (V) of
12 December 1950 and 33/141 of 19 December 1978, see United Nations Treaty Series, vol. 859/860,
p. VIII, 1973. See also General Assembly resolution 52/153 of 15 December 1997; Repertory of
Practice of United Nations Organs (vol. V, New York, 1955, Articles 92-111, and Supplements
1 to 7).
The language in italics must be included when additional copies of a treaty are provided on an
electronic medium.
For multilateral agreements, a complete list of contracting States or organizations with the date of
deposit of the instruments of ratification, accession, etc., and the date of entry into force of the
agreement for each party must be provided.
57
ANNEX 10 CHECKLIST FOR REGISTRATION

Requirements for submission of treaties and international agreements for registration and
publication in accordance with Article 102 of the Charter of the United Nations and the
Regulations:
PRELIMINARY CHECKS
DOCUMENTATION TO BE
PROVIDED
1.
Treaty / Agreement
2. All attachments (annexes, minutes,

procs-verbaux, etc.)
3. Text of reservations, declarations,
objections (particularly for multilateral
treaties)
4. Translations of 1 to 3 above into
English and/or French (if available)
5. List of contracting
States/organizations (for multilateral
treaties)
6.
Maps (if applicable)
7. Certifying statement
Has the treaty already been registered with the

Secretariat? (If so, it does not have to be submitted.)
Provisions in a treaty may invoke other agreements that
form a part of the treaty and are essential for the
application and implementation of the treaty. Are those
agreements already registered? (If not, all those
agreements should also be submitted in the format
specified below.)
FORMAT / TYPE OF INFORMATION



authentic text(s) and, if available

One paper copy and one electronic copy, if available, where
necessary
Please provide, for each contracting State or organization:

Date of deposit of the instrument
Nature of the instrument (ratification, accession, etc.)
Date of entry into force of the Treaty/Agreement
ONE certified true and complete copy of the original
document in its original scale and, if available,
ONE high resolution (400-600 dpi) scanned digital file
Statement of true and complete copy (for both paper and
electronic copy)
Title of Treaty / Agreement
Date and place of conclusion
Date of entry into force
Method of entry into force (signature, ratification,
approval, accession, etc.)
Authentic languages
Names of signatories
58
ANNEX 11 SECRETARY-GENERALS BULLETIN

(ST/SGB/2001/7)
Secretary-Generals bulletin
Procedures to be followed by the departments,
offices and regional commissions of the United Nations
with regard to treaties and
international agreements
The Secretary-General, for the purpose of establishing procedures to be followed

by the departments, offices and regional commissions of the United Nations with
regard to treaties and international agreements, promulgates the following:
Part I
Treaties and international agreements concluded by the United Nations
Section 1
Drafts of treaties and international agreements
Drafts of treaties and international agreements to be concluded by the United
Nations shall be submitted by the relevant department, office or regional
commission to the Office of Legal Affairs for review and comment prior to
finalization.
Section 2
Registration or filing and recording
All treaties and international agreements concluded by the United Nations
shall be forwarded by the relevant department, office or regional commission to the
Treaty Section of the Office of Legal Affairs (Treaty Section), upon their entry into
force, for registration pursuant to Article 102 of the Charter of the United Nations,
or filing and recording. Such instruments shall remain in the custody of the Treaty
Section unless special arrangements have been approved in advance by the Treaty
Section.
Part II
Instruments relating to treaty actions by the United Nations
Section 3
Instruments requiring consultations
Where the United Nations intends to undertake a treaty action for which
purpose full powers, an act of formal confirmation or an instrument of acceptance,
approval or accession are required, the relevant department, office or regional
commission shall consult with the Office of Legal Affairs in advance of such
action.
59
ANNEX 11
SECRETARY-GENERAL'S BULLETIN (ST/SGB/2001/7)
Part III
Treaties and international agreements to be deposited with the SecretaryGeneral
Section 4
Drafts of treaties and international agreements
4.1 All draft treaties and international agreements intended to be deposited with
the Secretary-General of the United Nations shall be submitted by the relevant
department, office or regional commission to the Office of Legal Affairs for review
and comment prior to finalization.
4.2 Draft final clauses of such treaties and international agreements shall be
submitted by the relevant department, office or regional commission to the Treaty
Section for review and comment prior to finalization.
4.3 Every endeavour shall be made to ensure that the texts of treaties and
international agreements to be deposited with the Secretary-General of the United
Nations are concluded only in the official languages of the United Nations.
Section 5
Adopted texts of treaties and international agreements
5.1 Following the formal adoption of the texts of treaties and international
agreements to be deposited with the Secretary-General of the United Nations, the
adopted texts shall be submitted by the relevant department, office or regional
commission, in both paper and electronic formats, to the Treaty Section, in all the
authentic languages, for purposes of preparing the originals of such agreements,
and for performing the requisite depositary functions. In general, a period of four
weeks should be allowed between the dates of adoption and the dates on which the
treaties or international agreements are opened for signature to enable the
preparation of the originals of the treaties or international agreements and the
distribution of the certified true copies.
5.2 Following the formal adoption of such texts, no further changes shall be made
to the texts by any department, office or regional commission, except in
consultation with the Treaty Section.
Section 6
Designation of the Secretary-General as depositary of treaties and international
agreements
6.1 When it is intended that the Secretary-General discharge the depositary
functions relating to treaties and international agreements, such treaties or
international agreements shall confer the depositary functions on the SecretaryGeneral only and not on any other official of the United Nations. The SecretaryGeneral shall not be designated as a co-depositary.
6.2 When it is intended that the Secretary-General be designated the depositary,
the relevant department, office or regional commission shall consult the Treaty
Section in advance.
6.3 All treaties and international agreements deposited with the Secretary-General
and open for signature shall remain in the custody of the Treaty Section. Any
exceptions to this rule shall be arranged in advance with the Treaty Section.
60
SECRETARY-GENERAL'S BULLETIN (ST/SGB/2001/7)
ANNEX 11
Section 7
Full powers
All instruments of full powers received by any department, office or regional
commission authorizing representatives to sign treaties and international
agreements deposited with the Secretary-General shall be forwarded to the Treaty
Section for verification prior to signature of such treaties and international
agreements. Any exceptions to this rule shall be arranged in advance with the
Treaty Section.
Section 8
Ceremony of signature
When it is arranged for States to sign a treaty or international agreement
deposited with the Secretary-General on the same occasion, the Office of Legal
Affairs shall be informed in advance by the relevant department, office or regional
commission. Arrangements for the ceremony at which the signatures are to be
affixed, including provision for the discharge of the depositary functions, shall be
made in consultation with the Treaty Section.
Section 9
Instruments and notifications to be deposited with the Secretary-General
Instruments of ratification, acceptance, approval, accession, succession or any
similar instruments and notifications relating to treaties and international
agreements deposited with the Secretary-General which are received by any
department, office or regional commission shall be forwarded to the Treaty Section.
Part IV
Final provisions
Section 10
Final provisions
10.1 The present bulletin shall enter into force on 1 October 2001.
10.2 Administrative instruction AI/52 of 25 June 1948 is hereby abolished.
(Signed) Kofi A. Annan
Secretary-General
61
GLOSSARY
This section provides a guide to terms commonly used in relation to treaties and
employed in the practice of the Secretary-General as depositary of multilateral treaties, as
well as in the Secretariats registration function. Where applicable, a reference to relevant
provisions of the Vienna Convention 1969 is included.
acceptance
See ratification.
accession
Accession is the act whereby a State that has not signed a treaty
expresses its consent to become a party to that treaty by depositing an
instrument of accession (see annex 5). Accession has the same legal
effect as ratification, acceptance or approval. The conditions under
which accession may occur and the procedure involved depend on the
provisions of the relevant treaty. Accession is generally employed by
States wishing to express their consent to be bound by a treaty where
the deadline for signature has passed. However, many modern
multilateral treaties provide for accession even during the period that
the treaty is open for signature. See articles 2 (1) (b) and 15 of the
adoption
Adoption is the formal act by which negotiating parties establish the

form and content of a treaty. The treaty is adopted through a specific
act expressing the will of the States and the international organizations
participating in the negotiation of that treaty, for example, by voting
on the text, initialling, signing, etc. Adoption may also be the
mechanism used to establish the form and content of amendments to a
treaty, or regulations under a treaty.
Treaties that are negotiated within an international organization are
usually adopted by resolution of the representative organ of that
organization. For example, treaties negotiated under the auspices of
the United Nations, or any of its bodies, are adopted by a resolution of
the General Assembly of the United Nations.
Where an international conference is specifically convened for the
purpose of adopting a treaty, the treaty can be adopted by a vote of
two thirds of the States present and voting, unless they have decided
by the same majority to apply a different rule.
amendment
Amendment, in the context of treaty law, means the formal alteration

of the provisions of a treaty by its parties. Such alterations must be
effected with the same formalities that attended the original formation
of the treaty. Multilateral treaties typically provide specifically for
their amendment. In the absence of such provisions, the adoption and
entry into force of amendments require the consent of all the parties.
62
GLOSSARY
approval
See ratification.
authentication
Authentication is the procedure whereby the text of a treaty is

established as authentic and definitive. Once a treaty has been
authenticated, its provisions cannot be modified except by formal
amendment. If procedures for authentication have not been
specifically agreed, the treaty will usually be authenticated by
signature, or initialling, by the representatives of those States. It is this
authenticated text that the depositary uses to establish the original text.
authentic language
A treaty typically specifies its authentic languagesthe languages in
which the meaning of its provisions is to be determined.
authentic or authenticated text
The authentic or authenticated text of a treaty is the version of the
treaty that has been authenticated by the parties.
bilateral treaty
See treaty.
certified true
copy
certified true copy for depositary purposes

A certified true copy for depositary purposes means an accurate
duplication of an original treaty, prepared in all authentic languages,
and certified as such by the depositary of the treaty. The SecretaryGeneral of the United Nations circulates certified true copies of each
treaty deposited with the Secretary-General to all States and entities
that may become parties to the treaty. For reasons of economy, the
Secretary-General, as depositary, normally provides only two certified
true copies to each prospective participant in the treaty. States are
expected to make any additional copies required to fulfil their
domestic needs. See article 77 (1) (b) of the Vienna Convention 1969.
certified true copy for registration purposes
A certified true copy for registration purposes means an accurate
duplication of a treaty submitted to the Secretariat of the United
Nations for registration. The registering party must certify that the text
submitted is a true and complete copy of the treaty and that it includes
all reservations made by the parties. The date and place of adoption,
the date and the method whereby the treaty has come into force, and
the authentic languages must be included. See article 5 of the
Regulations.
certifying
statement
A certifying statement is the statement accompanying the certified true

copy of a treaty or a treaty action for registration purposes, certifying
that it is such a copy (see section 5.6 and annex 9).
C.N.
See depositary notification.
63
GLOSSARY
consent to be
bound
A State expresses its consent to be bound by a treaty under

international law by some formal act, i.e., definitive signature,
ratification, acceptance, approval or accession. The treaty normally
specifies the act or acts by which a State may express its consent to be
bound. See articles 11-18 of the Vienna Convention 1969.
contracting
State
A contracting State is a State that has expressed its consent to be

bound by a treaty where the treaty has not yet entered into force or
where it has not entered into force for that State. See article 2 (1) (f) of
the Vienna Convention 1969.
convention
Whereas in the twentieth century the term convention was regularly

employed for bilateral agreements, it is now generally used for formal
multilateral treaties with a broad number of parties. Conventions are
normally open for participation by the international community as a
whole, or by a large number of States. Usually instruments negotiated
under the auspices of an international organization are entitled
conventions. The same holds true for instruments adopted by an organ
of an international organization.
correction
Correction of a treaty is the remedying of an error in its text. If, after

the authentication of a text, the signatory and contracting States agree
that an error exists, those States can correct the error by:
(a)
Initialling the corrected treaty text;
(b)
Executing or exchanging an instrument containing the
correction; or
(c)
Executing the corrected text of the whole treaty by the
same procedure by which the original text was executed.
If there is a depositary, the depositary must communicate the proposed
corrections to all signatory and contracting States. In the practice of
the United Nations, the Secretary-General, as depositary, informs all
States of the error and the proposal to correct it. If, on the expiry of a
specified time limit, no signatory or contracting State objects, the
Secretary-General circulates a procs-verbal of rectification and
causes the corrections to be effected in the authentic text(s) ab initio.
States have 90 days to object to a proposed correction. This period can
be shortened if necessary.
credentials
Credentials take the form of a document issued by a State authorizing

a delegate or delegation of that State to attend a conference, including,
where necessary, for the purpose of negotiating and adopting the text
of a treaty. A State may also issue credentials to enable signature of
the Final Act of a conference. Credentials are distinct from full
powers. Credentials permit a delegate or delegation to adopt the text
of a treaty and/or sign the Final Act, while full powers permit a person
to undertake any given treaty action (in particular, signature of
64
GLOSSARY
treaties).
date of effect
The date of effect of a treaty action (such as signature, ratification,

acceptance of an amendment, etc.), in the depositary practice of the
Secretary-General of the United Nations, is the time when the action is
undertaken with the depositary. For example, the date of effect of an
instrument of ratification is the date on which the relevant instrument
is deposited with the Secretary-General.
The date of effect of a treaty action by a State or an international
organization is not necessarily the date that action enters into force for
that State or international organization. Multilateral agreements often
provide for their entry into force for a State or international
organization after the lapse of a certain period of time following the
date of effect.
declaration
(See annex 6.)

interpretative declaration
An interpretative declaration is a declaration by a State as to its
understanding of some matter covered by a treaty or its interpretation
of a particular provision. Unlike reservations, declarations merely
clarify a States position and do not purport to exclude or modify the
legal effect of a treaty.
The Secretary-General, as depositary, pays specific attention to
declarations to ensure that they do not amount to reservations.
Usually, declarations are made at the time of signature or at the time
of deposit of an instrument of ratification, acceptance, approval or
accession. Political declarations usually do not fall into this category
as they contain only political sentiments and do not seek to express a
view on legal rights and obligations under a treaty.
mandatory declaration
A mandatory declaration is a declaration specifically required by the
treaty itself. Unlike an interpretative declaration, a mandatory
declaration is binding on the State making it.
optional declaration
An optional declaration is a declaration that a treaty specifically
provides for, but does not require. Unlike an interpretative declaration,
an optional declaration is binding on the State making it.
depositary
The depositary of a treaty is the custodian of the treaty and is entrusted

with the functions specified in article 77 of the Vienna Convention
1969. The Secretary-General, as depositary, accepts notifications and
documents related to treaties deposited with the Secretary-General,
examines whether all formal requirements are met, deposits them,
registers them subject to Article 102 of the Charter of the United
Nations and notifies all relevant acts to the parties concerned. Some
treaties describe depositary functions. This is considered unnecessary
65
GLOSSARY
in view of the detailed provision of article 77 of the Vienna

Convention 1969.
A depositary can be one or more States, an international organization,
or the chief administrative officer of the organization, such as the
Secretary-General of the United Nations. The Secretary-General does
not share depositary functions with any other depositary. In certain
areas, such as dealing with reservations, amendments and
interpretation, the Secretary-Generals depositary practice, which has
developed since the establishment of the United Nations, has evolved
further since the conclusion of the Vienna Convention 1969. The
Secretary-General is not obliged to accept the role of depositary,
especially for treaties negotiated outside the auspices of the United
Nations. It is the usual practice to consult the Treaty Section prior to
designating the Secretary-General as depositary. The SecretaryGeneral, at present, is the depositary for over 550 multilateral treaties.
depositary
notification
(C.N.)
A depositary notification (usually referred to as a C.N.an

abbreviation for circular notification) is a formal notice that the
Secretary-General sends to all Member States, non-member States, the
specialized agencies of the United Nations, and the relevant
secretariats, organizations and United Nations offices, as depositary of
a particular treaty. The notification provides information on that
treaty, including actions undertaken. Such notifications are typically
distributed by e-mail on the day that they are processed. Notifications
with bulky attachments are transmitted in paper form.
entry into force definitive entry into force

Entry into force of a treaty is the moment in time when a treaty
becomes legally binding on the parties to the treaty. The provisions of
the treaty determine the moment of its entry into force. This may be a
date specified in the treaty or a date on which a specified number of
ratifications, approvals, acceptances or accessions have been deposited
with the depositary. The date when a treaty deposited with the
Secretary-General enters into force is determined in accordance with
the treaty provisions.
entry into force for a State
A treaty that has already entered into force may enter into force in a
manner specified in it for a State or international organization that
expresses its consent to be bound by it after its entry into force. See
provisional entry into force
Provisional entry into force may be allowed by the terms of a treaty,
for example, in commodity agreements. Provisional entry into force of
a treaty may also occur when a number of parties to a treaty that has
66
GLOSSARY
not yet entered into force decide to apply the treaty as if it had entered
into force. Once a treaty has entered into force provisionally, it creates
obligations for the parties that agreed to bring it into force in that
manner. See article 25 (1) of the Vienna Convention 1969.
exchange of
letters or notes
An exchange of letters or notes may embody a bilateral treaty

commitment. The basic characteristic of this procedure is that the
signatures of both parties appear not on one letter or note but on two
separate letters or notes. The agreement therefore lies in the exchange
of these letters or notes, each of the parties retaining one letter or note
signed by the representative of the other party. In practice, the second
letter or note (usually the letter or note in response) will reproduce the
text of the first. In a bilateral treaty, the parties may also exchange
letters or notes to indicate that they have completed all domestic
procedures necessary to implement the treaty. See article 13 of the
filing and
recording
Filing and recording is the procedure by which the Secretariat records

certain treaties that are not subject to registration under Article 102 of
the Charter of the United Nations.
Final Act
A Final Act is a document summarizing the proceedings of a

diplomatic conference. It is normally the formal act by which the
negotiating parties bring the conference to a conclusion. It is usually
part of the documentation arising from the conference, including the
treaty, the resolutions and interpretative declarations made by
participating States. There is no obligation to sign the Final Act, but
signature may permit participation in subsequent mechanisms arising
from the conference, such as preparatory committees. Signing the
Final Act does not normally create legal obligations or bind the
signatory State to sign or ratify the treaty attached to it.
final clauses
Final clauses are provisions typically found at the end of a treaty,

dealing with such topics as signature, ratification, acceptance,
approval, accession, denunciation, amendment, reservation, entry into
force, settlement of disputes, depositary matters and authentic texts.
In the case of multilateral treaties to be deposited with the SecretaryGeneral, parties should submit for review draft final clauses to the
Treaty Section well in advance of the adoption of the treaty (see
section 6.5).
full powers
instrument of full powers

Full powers take the form of a solemn instrument issued by the Head
of State, Head of Government or Minister for Foreign Affairs,
empowering a named representative to undertake given treaty actions
(see annex 3).
The Secretary-Generals practice in relation to full powers may differ
in certain respects from that of other depositaries. The Secretary67
GLOSSARY
General does not accept full powers transmitted by telex or powers

that are not signed.
The Head of State, Head of Government and Minister for Foreign
Affairs are considered as representing their State for the purpose of all
acts relating to the signature of, and the consent to be bound by, a
treaty. Accordingly, they need not present full powers for those
purposes.
See articles 2 (1) (c) and 7 of the Vienna Convention 1969.
instrument of general full powers
An instrument of general full powers authorises a named
representative to execute certain treaty actions, such as signatures,
relating to treaties of a certain kind (for example, all treaties adopted
under the auspices of a particular organization).
interpretative
declaration
See declaration.
mandatory
declaration
See declaration.
memorandum
of
understanding
(M.O.U.)
The term memorandum of understanding (M.O.U.) is often used to

denote a less formal international instrument than a typical treaty or
international agreement. It often sets out operational arrangements
under a framework international agreement. It is also used for the
regulation of technical or detailed matters. An M.O.U. typically
consists of a single instrument and is entered into among States and/or
international organizations. For example, the United Nations usually
concludes M.O.U.s with Member States in order to organize its
peacekeeping operations or to arrange United Nations conferences.
The United Nations considers such M.O.U.s concluded by the United
Nations to be binding and registers them ex officio.
modification
Modification, in the context of treaty law, refers to the variation of

certain provisions of a treaty only as between particular parties to that
treaty. As between other parties, the original provisions apply. If a
treaty is silent as to modifications, they are allowed only to the extent
that they do not affect the rights or obligations of the other parties to
the treaty and do not contravene the object and purpose of the treaty.
Monthly
Statement
The Monthly Statement is the statement published by the United

Nations Secretariat on a monthly basis detailing the treaties and
international agreements registered or filed and recorded during a
particular month (see section 5.7.4).
multilateral
treaty
See treaty.
68
GLOSSARY
optional
declaration
See declaration.
party
A party to a treaty is a State or other entity with treaty-making

capacity that has expressed its consent to be bound by that treaty by an
act of ratification, acceptance, approval or accession, etc., where that
treaty has entered into force for that particular State. This means that
the State is bound by the treaty under international law. See article 2
(1) (g) of the Vienna Convention 1969.
plenipotentiary
A plenipotentiary, in the context of full powers, is the person

authorized by an instrument of full powers to undertake a specific
treaty action.
protocol
A protocol, in the context of treaty law and practice, has the same
legal characteristics as a treaty. The term protocol is often used to
describe agreements of a less formal nature than those entitled treaty
or convention. Generally, a protocol amends, supplements or clarifies
a multilateral treaty. A protocol is normally open to participation by
the parties to the parent agreement. However, in recent times States
have negotiated a number of protocols that do not follow this
principle. The advantage of a protocol is that, while it is linked to the
parent agreement, it can focus on a specific aspect of that agreement in
greater detail.
provisional
application
provisional application of a treaty that has entered into force

Provisional application of a treaty that has entered into force may
occur when a State unilaterally undertakes to give legal effect to the
obligations under a treaty on a provisional and voluntary basis. The
State would generally intend to ratify, accept, approve or accede to the
treaty once its domestic procedural requirements for international
ratification have been satisfied. The State may terminate this
provisional application at any time. In contrast, a State that has
consented to be bound by a treaty through ratification, acceptance,
approval, accession or definitive signature generally can only
withdraw its consent in accordance with the provisions of the treaty
or, in the absence of such provisions, other rules of treaty law. See
provisional application of a treaty that has not entered into force
Provisional application of a treaty that has not entered into force may
occur when a State notifies the signatory States to a treaty that has not
yet entered into force that it will give effect to the legal obligations
specified in that treaty on a provisional and unilateral basis. Since this
is a unilateral act by the State, subject to its domestic legal framework,
it may terminate this provisional application at any time.
A State may continue to apply a treaty provisionally, even after the
treaty has entered into force, until the State has ratified, approved,
69
GLOSSARY
accepted or acceded to the treaty. A States provisional application

terminates if that State notifies the other States among which the treaty
is being applied provisionally of its intention not to become a party to
the treaty.
See entry into force.
provisional
entry into force
ratification,
acceptance,
approval
Ratification, acceptance and approval all refer to the act undertaken on

the international plane, whereby a State establishes its consent to be
bound by a treaty. Ratification, acceptance and approval all require
two steps:
(a)
The execution of an instrument of ratification, acceptance
or approval by the Head of State, Head of Government or
Minister for Foreign Affairs, expressing the intent of the
State to be bound by the relevant treaty; and
(b)
For multilateral treaties, the deposit of the instrument with
the depositary; and for bilateral treaties, the exchange of
the instruments between parties.
The instrument of ratification, acceptance or approval must comply
with certain international legal requirements (see section 3.3.5 and
annex 4).
Ratification, acceptance or approval at the international level indicates
to the international community a States commitment to undertake the
obligations under a treaty. This should not be confused with the act of
ratification at the national level, which a State may be required to
undertake in accordance with its own constitutional provisions, before
it consents to be bound internationally. Ratification at the national
level is inadequate to establish the States consent to be bound at the
international level.
See articles 2 (1) (b), 11, 14 and 16 of the Vienna Convention 1969.
registration
Registration refers to the obligation by Member States of the United

Nations to submit their treaties and international agreements to the
Secretariat of the United Nations in accordance with Article 102 of the
Charter of the United Nations (see section 5).
reservation
A reservation is a statement made by a State by which it purports to

exclude or alter the legal effect of certain provisions of a treaty in their
application to that State. A reservation may enable a State to
participate in a multilateral treaty that it would otherwise be unable or
unwilling to participate in. States can make reservations to a treaty
when they sign, ratify, accept, approve or accede to it. When a State
makes a reservation upon signing, it must confirm the reservation
upon ratification, acceptance or approval. Since a reservation purports
to modify the legal obligations of a State, it must be signed by the
70
GLOSSARY
Head of State, Head of Government or Minister for Foreign Affairs

(see annex 6). Reservations cannot be contrary to the object and
purpose of the treaty. Some treaties prohibit reservations or only
permit specified reservations. See articles 2 (1) (d) and 19-23 of the
revision/
review
Revision/review basically means amendment. However, some treaties

provide for revisions/reviews separately from amendments (see, for
example, Article 109 of the Charter of the United Nations). In that
case, revision/ review typically refers to an overriding adaptation of a
treaty to changed circumstances, whereas the term amendment refers
to changes to specific provisions.
signature
definitive signature (signature not subject to ratification)

Definitive signature occurs where a State expresses its consent to be
bound by a treaty by signing the treaty without the need for
ratification, acceptance or approval. A State may definitively sign a
treaty only when the treaty so permits. A number of treaties deposited
with the Secretary-General permit definitive signature. See article 12
of the Vienna Convention 1969.
simple signature (signature subject to ratification)
Simple signature applies to most multilateral treaties. This means that
when a State signs the treaty, the signature is subject to ratification,
acceptance or approval. The State has not expressed its consent to be
bound by the treaty until it ratifies, accepts or approves it. In that case,
a State that signs a treaty is obliged to refrain, in good faith, from acts
that would defeat the object and purpose of the treaty. Signature alone
does not impose on the State obligations under the treaty. See articles
14 and 18 of the Vienna Convention 1969.
treaty
Treaty is a generic term embracing all instruments binding under

international law, regardless of their formal designation, concluded
between two or more international juridical persons. Thus, treaties
may be concluded between:
(a) States;
(b) International organizations with treaty-making capacity and
States; or
(c) International organizations with treaty-making capacity.
The application of the term treaty, in the generic sense, signifies that
the parties intend to create rights and obligations enforceable under
international law.
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)). Accordingly, conventions, agreements, protocols
71
GLOSSARY
and exchange of letters or notes may all constitute treaties. A treaty

must be governed by international law and is normally in written
form. Although the Vienna Convention 1969 does not apply to nonwritten agreements, its definition of a treaty states that the absence of
writing does not affect the legal force of international agreements.
No international rules exist as to when an international instrument
should be entitled a treaty. However, usually the term treaty is
employed for instruments of some gravity and solemnity.
See article 2 (1) (a) of the Vienna Convention 1969. See generally
Vienna Convention 1969 and Vienna Convention 1986.
Bilateral treaty
A bilateral treaty is a treaty between two subjects of international law.
Multilateral treaty
A multilateral treaty is a treaty between more than two subjects of
international law.
72
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What are the main steps for participating in multilateral treaties?

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Treaty Handbook

Prepared by the Treaty Section of the Office of Legal Affairs

UNITED NATIONS PUBLICATION

Copyright United Nations 2002-2012

Key events in a multilateral treaty ...................................................................... 21

Registering or filing and recording treaties ...................................................... 29

Contacts with the Treaty Section: Procedural Information............................... 41

Key events in a multilateral treaty ...................................................................... 21

Registering or filing and recording treaties ...................................................... 29

Contacts with the Treaty Section: Procedural Information............................... 41

Making a reservation or declaration to a multilateral treaty ..................... 44

Regulations to give effect to Article 102 of the Charter of the

Repertory of Practice of United Nations Organs (Volume V, New

Secretary-General of the United Nations

Summary of Practice of the Secretary-General as Depositary of

Treaty Section, Office of Legal Affairs of the United Nations

Vienna Convention on the Law of Treaties, 1969

Vienna Convention on the Law of Treaties between States and

In his Millennium Report (A/54/2000), the Secretary-General of the United Nations

212 963 5047

DEPOSITING MULTILATERAL TREATIES

(See the Summary of Practice, paras. 9-37.)

Article 98 of the Charter of the United Nations;

Depositary functions of the Secretary-General

Provisions of the relevant treaty;

DEPOSITING MULTILATERAL TREATIES

Multilateral treaties of worldwide interest adopted by the General Assembly

PARTICIPATING IN MULTILATERAL TREATIES 1

Open for signature

(See the Summary of Practice, paras. 116-119.)

Article 2 of the Agreement concerning the Establishing of Global Technical

Multilateral treaties usually provide for signature subject to ratification, acceptance or

PARTICIPATING IN MULTILATERAL TREATIES

Signature not subject to ratification, acceptance or approval (definitive signature);

(See the Summary of Practice, paras. 101-115.)

Signature of a treaty without an instrument of full powers

Requirement of instrument of full powers

PARTICIPATING IN MULTILATERAL TREATIES

Form of instrument of full powers

(See the model instrument of full powers in annex 3.)

PARTICIPATING IN MULTILATERAL TREATIES

Appointment with the depositary for affixing signature

(See the Summary of Practice, paras. 120-143.)

Definitive signature (see section 3.1.4);

PARTICIPATING IN MULTILATERAL TREATIES

(See the model instrument of ratification in annex 4.)

(See the model instrument of acceptance or approval in annex 4.)

PARTICIPATING IN MULTILATERAL TREATIES

Delivery to the Secretary-General

(See the Summary of Practice, para. 240.)

PARTICIPATING IN MULTILATERAL TREATIES

(See the model instrument of a reservation in annex 6.)

Notification of reservations by the depositary

Where a treaty expressly prohibits reservations

PARTICIPATING IN MULTILATERAL TREATIES