India: Status of Signature and Ratification of Multilateral Treaties Deposited with the UN Secretary-general Status as of 30 June 2015

Author(s):  
Stephen Mathias

Beginning in the mid-1970s, the UN General Assembly conducted a review of the multilateral treaty-making process. A 1980 Report of the Secretary-General on this review concluded that there was “extensive diversity” among the various procedures that had been utilized in treaty-making processes, including whether such processes made use of established entities or were ad hoc in nature, the extent to which this involved expert or representative bodies, and the extent of the involvement of the General Assembly. The only generalization that was seen to be possible was that such processes almost always involved a multistage process. This chapter assesses the conclusions of the Secretary-General’s 1980 Report in light of the practice of the intervening years, focusing, in particular, on the role of the Secretariat in the treaty-making process, and adopting for the purposes of its analysis the five stages in the multilateral treaty-making process as identified in the Secretary-General’s 1980 Report: initiation of treaty-making, formulation of multilateral treaties, adoption of multilateral treaties, post-adoption concerns, and supplementing and updating treaties. This chapter also briefly discusses other treaty-making activities of the Secretariat.


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):  
Arancha Hinojal-Oyarbide

While the responsibilities of the depositary of a multilateral treaty are indispensable to the treaty functioning, the role of the depositary is commonly unknown. The chapter discusses the role and key features of the practice of the UN Secretary-General, as depositary of multilateral treaties, in the aspects that correspond to the general depositary functions as codified in the Vienna Convention on the Law of Treaties. Beginning at the turn of the century, the UN Secretary-General—by far the largest depositary in the world—began to engage in initiatives that have modernized and expanded the traditional depositary role. The UN Secretary-General has increasingly been involved in treaty-making during treaty negotiations, and in promoting participation in and dissemination of UN treaties, including through treaty events. The chapter also discusses key features of the depositary role in those aspects that are more innovative and peculiar to the UN Secretary-General.


2002 ◽  
Vol 30 (3) ◽  
pp. 397-425 ◽  
Author(s):  
Palitha T.B. Kohona

The United Nations Treaty Collection on the Internet (UNTC) now contains, in addition to the major documents, the United Nations Treaty Series (UNTS) and the Multilateral Treaties Deposited with the Secretary-General, the texts of treaties recently deposited with the Secretary-General in the authentic languages, the titles of all treaties deposited with Secretary-General in the six official languages, depositary notifications issued by the Secretary-General in his capacity as depositary of multilateral treaties, documentation compiled in connection with three special treaty events held in 2000 and 2001 by the United Nations, the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties, the Treaty Handbook, information on treaty related technical assistance provided by the Treaty Section of the United Nations and photographs taken at treaty ceremonies in chronological order. Many of these documents were added to the UNTC over the last two years.


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