RegistrationUnder Article 102 of the UN Charter课件.ppt

Registration Under Article 102 of the UN Charter 精品文档 Agenda Origins and Policy Objective of Article 102 Legal Implications of Article 102 What is a treaty? Registration Requirements Publication 精品文档 Article 102: Origins and Policy Objective Article 18 of the Covenant of the League of Nations: Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered. Objective is to ensure that all treaties remain in the public domain and thus assist in eliminating secret diplomacy. 精品文档 United Nations Charter Article 102 Paragraph 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. Paragraph 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. 精品文档 Legal Implications of Article 102 Each Member State has a legal obligation to register all international agreements/treaties concluded after the coming into force of the Charter. This obligation does not preclude international organizations with treaty-making capacity or non-Member States from submitting for registration treaties entered into with Member States. Secretariat is mandated to publish all agreements registered. 精品文档 Legal Implications of Article 102 Sanctions Registration is the prerequisite for a treaty or international agreement to be capable of being invoked before the ICJ or any other UN organ. Applies only to the parties of an unregistered agreement. Third parties can invoke the treaty; ICJ has not dealt with this issue. 精品文档 Important Note