Art.27 Depositary

Author(s):  
Casey-Maslen Stuart ◽  
Clapham Andrew ◽  
Giacca Gilles ◽  
Parker Sarah

This chapter analyses Article 27 of the ATT. The provision designates the Secretary-General of the UN as the Depositary of the ATT. This is in accord with the 1969 Vienna Convention on the Law of Treaties, which expressly allows the Chief Administrative Officer of an international organization to be designated as the Depositary of a treaty, and for the designation to be made in the treaty itself. Given the fact that the ATT was negotiated within the UN, it was never in doubt that the Secretary-General of the United Nations would be designated the Depositary. The Depositary carries out functions with respect to the Convention, among others to allow states to sign it, as well as to accept and record instruments of ratification, acceptance, approval, and accession. The chapter concludes with a brief description of these functions.

2005 ◽  
Vol 99 (2) ◽  
pp. 433-450 ◽  
Author(s):  
Palitha T. B. Kohona

This Note will examine developments in the practice of the United Nations secretary-general on reservations and declarations to treaties, particularly since 1994 when the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties was last updated. This period was marked by some notable developments in the previous practice, especially in connection with human rights treaties.The Vienna Convention on the Law of Treaties of 1969 (Vienna Convention) provides the framework for the functions of the secretary-general in his role as depositary of multilateral treaties. Most aspects of the law relating to reservations and declarations to treaties are also codified in the Vienna Convention.Over five hundred multilateral treaties are deposited with the secretary-general. The complex requirements relating to these treaties and the concerns of the many disparate states that may undertake treaty actions with regard to them have significantly influenced his practice. He is also conscious of the political sensitivities surrounding his decisions and the need to protect his own integrity and impartiality.


Author(s):  
Bantekas Ilias

This chapter examines Article 41 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). In accordance with article 76(1) of the Vienna Convention on the Law of Treaties, the designation of the depositary of a treaty may be made by the negotiating states, either in the treaty itself or in some other manner. Practice, as is the case with Article 41 CRPD, suggests that depositories are designated in the body of the treaty. The depositary is expected to undertake certain functions and assume several powers under customary international law, none of which are explained in the depositary provisions of multilateral treaties. The functions and powers of the depositary should be distinguished from other functions and powers entrusted to the same entity under other provisions of the same treaty.


1970 ◽  
Vol 64 (5) ◽  
pp. 838-852 ◽  
Author(s):  
Shabtai Rosenne

The purpose of this article is to bring up to date the present writer’s previous article on “The Depositary of International Treaties” published in this Journal, in the light of the deliberations of the United Nations Conference on the Law of Treaties in 1968 and 1969 and the changes there made in the texts. The relevant provisions now appear as Articles 76, 77 and 78 of the so-called Vienna Convention on the Law of Treaties, corresponding to Articles 71, 72 and 73 of the draft articles on the law of treaties of the International Law Commission.


1990 ◽  
Vol 30 (279) ◽  
pp. 473-476
Author(s):  
Yves Sandoz

Law and war make poor bedfellows — particularly since the adoption of the Charter of the United Nations — and it is to be hoped that one day the former will prevail definitively over the latter. The United Nations Secretary-General has done the Review the honour of contributing a paper to this special issue devoted to prohibitions or restrictions on the use of certain conventional weapons. (See p. 469). In his message he reminds us that war has not yet been completely subjugated by the law and that every effort remains to be made in that direction. Alas, war — and hence the law of war — are still very topical subjects at the moment.


2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.


Author(s):  
Bantekas Ilias

This chapter examines Article 48 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). A state may express its consent to no longer be bound by a treaty to which it is a party by way of denunciation, withdrawal, or suspension of the treaty in question. Article 48 CRPD does not expressly allow states to withdraw from or suspend the operation of the Convention. Although it only provides for denunciation through a written notification the effect of which commences a year after it is received by the depositary, Article 48 CRPD is silent as to whether a state may denounce the entire Convention or also parts of it. This matter is dealt with under the general provisions of the Vienna Convention on the Law of Treaties, which reflect customary international law.


Author(s):  
Schabas William A

This chapter comments on Article 114 of the Rome Statute of the International Criminal Court. Article 114 states that the expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court. Article 114 has been described as an attempt to avoid a practice resulting from the United Nations Convention on the Law of the Sea whereby the Secretary-General pays for meetings of States Parties and other bodies out of the general budget. Thus, should the Secretary-General host meetings, any expenses incurred, for example for Secretariat services, must be paid by the Court, not the United Nations.


1971 ◽  
Vol 65 (5) ◽  
pp. 736-756 ◽  
Author(s):  
S. E. Nahlik

Many interesting articles have already been published on the preparatory work for the United Nations Conference on the Law of Treaties, on the Conference itself, and, of course, on the Convention signed at Vienna on May 23, 1969. The American Journal of International Law has printed a number of them, among the most important being the excellent study by Ambassador Richard D. Kearney and Mr. Robert E. Dalton. The authors rightly referred to the Vienna Convention as the “Treaty on Treaties,” its object being to codify all, or nearly all, legal problems that may arise in connection with treaties, and the very definition of a “treaty,” as introduced by the convention, being much broader in scope than the traditional meaning of this term.


1953 ◽  
Vol 7 (2) ◽  
pp. 229-242 ◽  
Author(s):  
Robert H. Cory

If there is truth in the assertion that the strength of the United Nations depends upon the support of public opinion within member states, the responsibility of those organs of the United Nations which supervise public information activities of the Secretariat is an important one. To those concerned with the future of international organization an analysis of the scope and limitations of the information programs which have developed in the first six years of the history of the United Nations should be of primary value. What are the problems which national delegates to the United Nations face in making decisions about the way in which an international secretariat should attempt to influence public opinion? What is the process by which such decisions are made in the administrative framework of the United Nations and the Specialized Agencies? What outcomes in terms of increased international cooperation can be expected from the information activities of United Nations Secretariat?


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