Participation in Multilateral Participation in Multilateral Treaties Deposited with theTreaties Deposited with the

UN Secretary-GeneralUN Secretary-General

Ms. Dina Hamdy, Legal OfficerTreaty SectionOffice of Legal Affairs

SG is designated as Depositary of SG is designated as Depositary of over 500 multilateral treatiesover 500 multilateral treaties

SG not obligated to accept role but SG not obligated to accept role but usually will for:usually will for: Open multilateral treaties of worldwide Open multilateral treaties of worldwide

interestinterest Treaties adopted by the General Assembly Treaties adopted by the General Assembly Treaties concluded by a conference Treaties concluded by a conference

convened by a UN organconvened by a UN organ Regional treaties drawn up within the Regional treaties drawn up within the

framework of the regional commissions framework of the regional commissions

Depositary Mandate:The Treaty Section carries out the

Secretary General’s Role as Depositary

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The SG is responsible for The SG is responsible for ensuring the proper ensuring the proper executionexecution of all treaty actions relating to a of all treaty actions relating to a treaty and is guided by:treaty and is guided by: Article 77 of the VCLT 1969Article 77 of the VCLT 1969

- It is not necessary to list depositary functions in a - It is not necessary to list depositary functions in a treaty: treaty: they are listed in Art.77they are listed in Art.77- Final clauses in should be submitted to TS for - Final clauses in should be submitted to TS for clearanceclearance

The provisions of the relevant treaty (The provisions of the relevant treaty (final clausesfinal clauses)) The practice of the SG which predates the VCLT and The practice of the SG which predates the VCLT and

has evolved since (has evolved since (Summary of PracticeSummary of Practice)) Resolutions of the GA and other UN organsResolutions of the GA and other UN organs Customary international lawCustomary international law

The SG provides advice and assistance relating to the The SG provides advice and assistance relating to the conclusion of treaties, particularly their final clausesconclusion of treaties, particularly their final clauses

The SG also provides interpretations of final clausesThe SG also provides interpretations of final clauses

Secretary General’s Role as Depositary

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Treaty ActionsTreaty Actions

Signature Signature Consent to be boundConsent to be bound Referred to as “Simple Signature” subject to Referred to as “Simple Signature” subject to

ratification, acceptance or approvalratification, acceptance or approval

Definitive SignatureDefinitive Signature AccessionAccession Declarations, Reservations, NotificationsDeclarations, Reservations, Notifications Deposit of InstrumentsDeposit of Instruments

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SignatureSignature

When? When? What States and What States and

entities can sign? entities can sign? Are there limits on Are there limits on participation participation (regional (regional commission commission members, etc.)?members, etc.)?

Who can sign on Who can sign on behalf of a State?behalf of a State?

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SignatureSignatureWho can sign on behalf of a State?Who can sign on behalf of a State?

Head of State Head of State Head of GovernmentHead of Government Minister for Foreign Minister for Foreign

AffairsAffairs Acting or Acting or Ad InterimAd Interim

Head of State or Head of State or Government or Government or Minister for Foreign Minister for Foreign AffairsAffairs

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SignatureSignatureFull PowersFull Powers

All other representatives wishing to sign All other representatives wishing to sign treaties must be in possession of treaties must be in possession of

FULL POWERSFULL POWERS

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SignatureSignatureRequirements for full powersRequirements for full powers

A valid instrument of full powers must A valid instrument of full powers must contain the following elements:contain the following elements: Authorize signature Authorize signature Identify the treaty specificallyIdentify the treaty specifically Specify full name and title of individual Specify full name and title of individual

authorized to signauthorized to sign Issued and signed by Head of State or Issued and signed by Head of State or

Government or MFA or by a person Government or MFA or by a person exercising the power of one of the exercising the power of one of the three authorities three authorities ad interim;ad interim;

Dated Dated

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SignatureSignatureVenueVenue

Appointment for Appointment for signature in the Treaty signature in the Treaty SectionSection Facsimile No: 1 Facsimile No: 1

(212) 963-3693(212) 963-3693 Phone No: 1 (212) Phone No: 1 (212)

963-5047963-5047

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SignatureSignatureAnnual Annual Treaty EventsTreaty Events

Millennium Summit (2000) Focus 2001: Women and Children Treaty Event: Multilateral Treaties on

Terrorism (10 to 16 November 2001) Focus 2002: Sustainable Development Focus 2003: Treaties Against

Transnational Organized Crime and Terrorism

Focus 2004: Treaties on the Protection of Civilians

Focus 2005: Responding to Global Challenges

Focus 2006: Crossing Borders Focus 2007: Towards Universal

Participation and Implementation Treaty Event 2008: Dignity and Justice

for All of Us Treaty Events 2009 and 2010: Towards

Universal Participation and Implementation

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Simple SignatureSimple SignatureLegal Implications Legal Implications

Simple signature means signature which is Simple signature means signature which is subject to ratification.subject to ratification.

No positive legal obligations under the treaty No positive legal obligations under the treaty upon signature.upon signature.

Indicates a State’s intention to take steps to Indicates a State’s intention to take steps to express its consent to be bound. express its consent to be bound.

Creates an Creates an obligationobligation in the period between in the period between signature and ratification/acceptance/approval signature and ratification/acceptance/approval to refrain in good faith from acts that would be to refrain in good faith from acts that would be contrary to the object and purpose of a treaty. contrary to the object and purpose of a treaty.

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SignatureSignatureReviewReview

Is the treaty open for signature?Is the treaty open for signature? Does the treaty allow your State to Does the treaty allow your State to

sign?sign? Who will sign?Who will sign? Are full powers required?Are full powers required? Appointment for signature.Appointment for signature.

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SignatureSignatureProblem 1Problem 1

Your Government would like to Your Government would like to sign the sign the International International Convention for the Protection of Convention for the Protection of all Persons from Enforced all Persons from Enforced Disappearance. You have been Disappearance. You have been presented with draft full powers presented with draft full powers for review. What do you for review. What do you advise? advise?

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SignatureSignatureModel Instrument of Full PowersModel Instrument of Full Powers

Full PowersFull Powers(To be signed by the Head of State, Head of Government or (To be signed by the Head of State, Head of Government or

Minister for Foreign Affairs)Minister for Foreign Affairs)

I, [name and title of the Head of State, Head of Government or I, [name and title of the Head of State, Head of Government or Minister for Foreign Affairs],Minister for Foreign Affairs],

HEREBY AUTHORISE [name and title] to sign the [title of HEREBY AUTHORISE [name and title] to sign the [title of treaty] on behalf of the Government of [State].treaty] on behalf of the Government of [State].

Done at [place] on [date].Done at [place] on [date].

[Signature and [Signature and title]title]

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Consent to be BoundConsent to be Bound

To become party To become party to a treaty, to a treaty,

a State must a State must express its express its

consent to be consent to be bound bound

by a treaty at by a treaty at international international

law. law.

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Consent to be BoundConsent to be BoundHow?How?

Definitive Signature Definitive Signature Simple Signature Simple Signature

followed by followed by Ratification, Ratification, Acceptance or Acceptance or ApprovalApproval

AccessionAccession

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Consent to be BoundConsent to be BoundHow?How?

Succession Succession An undertaking at international law

whereby a State

assumes the rights and

obligations under a treaty previously

applied to its territory by a

predecessor State.

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Consent to be BoundConsent to be BoundDomestic “Ratification”Domestic “Ratification”

A State is not a party to a treaty by A State is not a party to a treaty by simply “ratifying” a treaty simply “ratifying” a treaty domestically.domestically.

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Consent to be BoundConsent to be BoundDomestic “Ratification”Domestic “Ratification”

States must ensure domestic States must ensure domestic legislative requirements are legislative requirements are completed prior to consenting to be completed prior to consenting to be bound;bound;

State cannot claim that its consent to State cannot claim that its consent to be bound is invalid due to violation of be bound is invalid due to violation of its internal law (VCLT, art. 46(1)).its internal law (VCLT, art. 46(1)).

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Consent to be BoundConsent to be BoundBasic requirements for a valid Basic requirements for a valid

instrumentinstrument Identify treatyIdentify treaty Declaration of undertakingDeclaration of undertaking

Expression of intent of the Government to be Expression of intent of the Government to be bound by the treaty and to undertake bound by the treaty and to undertake faithfully to observe and implement its faithfully to observe and implement its provisionsprovisions

Issued and signed Issued and signed Head of State or Government or the MFA Head of State or Government or the MFA

or by a person exercising the power of or by a person exercising the power of one of the three authorities one of the three authorities ad interim;ad interim;

DatedDated

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Consent to be BoundConsent to be BoundProblem 2Problem 2

The following document has The following document has been lodged for deposit with been lodged for deposit with the Secretary-General. the Secretary-General. Should this document be Should this document be accepted in deposit as a valid accepted in deposit as a valid binding instrument?binding instrument?

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Consent to be BoundConsent to be BoundModel Instrument of Ratification, Acceptance or ApprovalModel Instrument of Ratification, Acceptance or Approval

Ratification/Acceptance/ApprovalRatification/Acceptance/Approval(To be signed by Head of State, Head of Government or Minister for Foreign Affairs)(To be signed by Head of State, Head of Government or Minister for Foreign Affairs)

WHEREAS the [title of treaty] was adopted at [place] on [date],WHEREAS the [title of treaty] was adopted at [place] on [date],

AND WHEREAS the said [treaty] has been signed on behalf of the AND WHEREAS the said [treaty] has been signed on behalf of the Government of [State] on [date],Government of [State] on [date],

NOW THEREFORE I, [name and title of the HS, HG or MFA] declare that NOW THEREFORE I, [name and title of the HS, HG or MFA] declare that the Government of [State], having considered the above [treaty], the Government of [State], having considered the above [treaty], [ratifies/accepts/approves] the same and undertakes faithfully to [ratifies/accepts/approves] the same and undertakes faithfully to perform and carry out the stipulations therein contained.perform and carry out the stipulations therein contained.

IN WITNESS WHEREOF, I have signed this instrument of IN WITNESS WHEREOF, I have signed this instrument of [ratification/acceptance/approval] at [place] on [date].[ratification/acceptance/approval] at [place] on [date].

[Signature][Signature]

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Consent to be BoundConsent to be BoundProblem 3Problem 3

The following document has The following document has been lodged for deposit with been lodged for deposit with the Secretary-General. the Secretary-General. Should this document be Should this document be accepted in deposit as a valid accepted in deposit as a valid binding instrument?binding instrument?

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Consent to be BoundConsent to be BoundAdditional requirements for a valid Additional requirements for a valid

instrumentinstrument

Optional DeclarationsOptional Declarations Mandatory DeclarationsMandatory Declarations NotificationsNotifications ReservationsReservations

Authorized?Authorized? Prohibited?Prohibited? Silent?Silent?

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Consent to be BoundConsent to be BoundOptional and Mandatory Optional and Mandatory

DeclarationsDeclarations Legally binding and must be Legally binding and must be

included in a duly signed included in a duly signed instrument of ratification, instrument of ratification, acceptance, etc. or signed in their acceptance, etc. or signed in their own right.own right.

Often such declarations must be Often such declarations must be made upon ratification, made upon ratification, acceptance, approval or accession. acceptance, approval or accession.

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Consent to be BoundConsent to be BoundOptional DeclarationsOptional Declarations

E.g.: E.g.: International Covenant on Civil and International Covenant on Civil and Political RightsPolitical Rights Article 41: Article 41: A State Party A State Party may at any timemay at any time

declare that it recognizes the competence of declare that it recognizes the competence of the Human Rights Committee to receive and the Human Rights Committee to receive and consider communications to the effect that a consider communications to the effect that a State Party claims that another State Party is State Party claims that another State Party is not fulfilling its obligations under the Covenant.not fulfilling its obligations under the Covenant.

E.g.: Article 36, paragraph 2 of the E.g.: Article 36, paragraph 2 of the Statute Statute of the ICJof the ICJ recognizing as compulsory the recognizing as compulsory the jurisdiction of the Court. jurisdiction of the Court.

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Consent to be BoundConsent to be BoundMandatory DeclarationsMandatory Declarations

E.g.: E.g.: Optional Protocol to the Convention on Optional Protocol to the Convention on the Rights of the Child on the involvement the Rights of the Child on the involvement of children in armed conflict, 2000of children in armed conflict, 2000

Article 3(2): Article 3(2): Each State party Each State party shall shall deposit a deposit a binding declaration upon ratification of or binding declaration upon ratification of or accession to this Protocol that sets forth the accession to this Protocol that sets forth the minimum age at which it will permit voluntary minimum age at which it will permit voluntary recruitment into its national armed forces and a recruitment into its national armed forces and a description of the safeguards that it has adopted description of the safeguards that it has adopted to ensure that such recruitment is not forced or to ensure that such recruitment is not forced or coerced.coerced.

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Consent to be BoundConsent to be BoundNotificationsNotifications

Notifications typically provide information as Notifications typically provide information as required under a treaty.required under a treaty.

Distinction between declarations and notifications Distinction between declarations and notifications is not always made.is not always made.

E.g.: E.g.: International Convention for the Suppression International Convention for the Suppression of the Financing of Terrorismof the Financing of Terrorism Article 7 (3): Upon ratifying, accepting, approving or Article 7 (3): Upon ratifying, accepting, approving or

acceding to this Convention, each State Party acceding to this Convention, each State Party shall shall notifynotify the SG of the UN of the jurisdiction it has the SG of the UN of the jurisdiction it has established in accordance with paragraph 2 (Note that a established in accordance with paragraph 2 (Note that a State Party MAY establish jurisdiction over specified State Party MAY establish jurisdiction over specified offences in paragraph 2).offences in paragraph 2).

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Consent to be BoundConsent to be BoundNotificationsNotifications

E.g.: E.g.: UN Convention Against Transnational UN Convention Against Transnational Organized CrimeOrganized Crime

Notification under art. 5 (3):Notification under art. 5 (3): States whose domestic law States whose domestic law requires an additional element than the offences established requires an additional element than the offences established in accordance with the article must so notify the SG.in accordance with the article must so notify the SG.

Notification under art. 16(5):Notification under art. 16(5): For States that make For States that make extradition conditional on the existence of a treaty, shall extradition conditional on the existence of a treaty, shall inform the SG whether they will take this Convention as the inform the SG whether they will take this Convention as the legal basis for cooperation on extradition with other States legal basis for cooperation on extradition with other States Parties to this Convention. Parties to this Convention.

Notification under art. 18 (13):Notification under art. 18 (13): Designation of a central Designation of a central authority for purposes of receiving mutual legal assistance.authority for purposes of receiving mutual legal assistance.

Notification under art. 18 (14):Notification under art. 18 (14): Designation of language. Designation of language. Notification under art.Notification under art. 31(6):31(6): Designation of an authority Designation of an authority

that can assist other states in developing measures to that can assist other states in developing measures to prevent transnational organised crime.prevent transnational organised crime.

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Consent to be BoundConsent to be BoundReservationsReservations

A reservation is any statement - A reservation is any statement - however however phrased or namedphrased or named - which purports to exclude - which purports to exclude or modify the legal effect of a treaty provision.or modify the legal effect of a treaty provision.

Enable a state to participate in a treaty in Enable a state to participate in a treaty in which it would not be able to participate due to which it would not be able to participate due to an unacceptable provision or provisions.an unacceptable provision or provisions.

Legally binding and must be included in a duly Legally binding and must be included in a duly signed instrument of ratification, acceptance, signed instrument of ratification, acceptance, etc. or signed in their own right.etc. or signed in their own right.

Must be done upon signature or deposit. If Must be done upon signature or deposit. If done upon signature must be confirmed upon done upon signature must be confirmed upon ratification.ratification.

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ReservationsReservations

Modification/Withdrawal possible at any time, Modification/Withdrawal possible at any time, but must be signed by Head of State, Head but must be signed by Head of State, Head of Government or Minister for Foreign Affairs. of Government or Minister for Foreign Affairs.

Treaties may be silent as to reservations (for Treaties may be silent as to reservations (for example, most Human Rights treaties).example, most Human Rights treaties).

Certain reservations may be Certain reservations may be allowed/prohibited.allowed/prohibited.

Or reservations may be altogether prohibited Or reservations may be altogether prohibited (Stockholm Convention, Rome Statute of the (Stockholm Convention, Rome Statute of the International Criminal Court).International Criminal Court).

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Consent to be BoundConsent to be BoundReviewReview

Definitive SignatureDefinitive Signature Is the treaty open for signature?Is the treaty open for signature? Does the treaty allow your State to sign?Does the treaty allow your State to sign? Who will sign?Who will sign? Are full powers required?Are full powers required?

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Consent to be BoundConsent to be BoundReviewReview

SignatorySignatory Ratification, Ratification, Acceptance or Acceptance or ApprovalApproval

Non-signatoryNon-signatory AccessionAccession Conditions for Accession?Conditions for Accession? Declarations/Notifications?Declarations/Notifications? Reservations?Reservations?

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Consent to be BoundConsent to be BoundProblem 4Problem 4

State B would like to become a party State B would like to become a party to the Optional Protocol to the to the Optional Protocol to the Convention on the Rights of the Child Convention on the Rights of the Child on the Involvement of Children in on the Involvement of Children in Armed Conflict. State B has signed Armed Conflict. State B has signed the Convention on the Rights of the the Convention on the Rights of the Child, but has not ratified it. You are Child, but has not ratified it. You are presented with an instrument. What presented with an instrument. What do you advise?do you advise?

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Consent to be BoundConsent to be BoundProblem 5Problem 5

State B would like to become party to State B would like to become party to the Convention on Prohibitions or the Convention on Prohibitions or Restrictions on the Use of Certain Restrictions on the Use of Certain Conventional Weapons which may be Conventional Weapons which may be deemed to be Excessively Injurious or deemed to be Excessively Injurious or to have Indiscriminate Effects, with to have Indiscriminate Effects, with Protocols I, II, III, IV and V, (Geneva, 10 Protocols I, II, III, IV and V, (Geneva, 10 October 1980). The relevant provisions October 1980). The relevant provisions of the Convention follow. The of the Convention follow. The instrument below has been submitted instrument below has been submitted for deposit. As a lawyer in your treaty for deposit. As a lawyer in your treaty office, what do you advise? office, what do you advise?

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Deposit of InstrumentsDeposit of InstrumentsPlace and MethodPlace and Method

Instruments become Instruments become effective only when effective only when deposited with SG at deposited with SG at UNHQ.UNHQ.

Or by personal delivery to Or by personal delivery to the SG or to his the SG or to his representative - the Legal representative - the Legal Counsel or the Chief of Counsel or the Chief of the Treaty Section.the Treaty Section.

By mail, by facsimile or By mail, by facsimile or by e-mail.by e-mail.

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Deposit of InstrumentsDeposit of InstrumentsPlace and MethodsPlace and Methods

Appointment for Appointment for deposit in the deposit in the Treaty SectionTreaty Section Facsimile No: 1 Facsimile No: 1

(212) 963-3693(212) 963-3693 Phone No:1 (212) Phone No:1 (212)

963-5047963-5047

During Annual During Annual Treaty EventTreaty Event

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Deposit of InstrumentsDeposit of InstrumentsDate of DepositDate of Deposit

Date when instrument Date when instrument is received at UNHQ is received at UNHQ either by SG, the Legal either by SG, the Legal Counsel, the Treaty Counsel, the Treaty Section or by the Mail Section or by the Mail Unit;Unit;

Deposit will produce its Deposit will produce its effect in accordance effect in accordance with provisions of a with provisions of a treaty. treaty.

Important when a State Important when a State is calculating EIF for is calculating EIF for participation in participation in meetings or elections.meetings or elections.

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Copyright NoticeCopyright Notice

Copyright 2010 by the United Nations. Copyright 2010 by the United Nations. All rights reserved. Printed in the All rights reserved. Printed in the United States of America. No part of United States of America. No part of this publication may be reproduced, this publication may be reproduced, stored in a retrieval system, or stored in a retrieval system, or transmitted in any form by any means, transmitted in any form by any means, i.e., electronic, mechanical, i.e., electronic, mechanical, photocopying, recording, or otherwise, photocopying, recording, or otherwise, without the written permission of the without the written permission of the United Nations. United Nations.