United Nations General Assembly Resolution 97
|←UN General Assembly Resolution 96||UN General Assembly Resolution 97 (1946)
||UN General Assembly Resolution 98→|
REGISTRATION AND PUBLICATION OF TREATIES AND INTERNATIONAL AGREEMENTS: REGULATIONS TO GIVE EFFECT T0 ARTICLE 102 OF THE CHARTER OF THE UNITED NATIONS
[Adopted by the General Assembly at its sixty-fifth plenary meeting, on 14 December 1946 (Resolution No. 97) (I)]
The General Assembly,
Considering it desirable to establish rules for the application of Article 102 of the Charter of the United Nations which provides as follows:
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.
Recognizing, in making provision therefor, the importance of orderly registration and publication of such treaties and international agreements and the maintenance of precise records:
Adopts accordingly, having given consideration to the proposals of the Secretary-General submitted pursuant to the resolution of the General Assembly of 10 February 1946, the following regulations:
1. Every treaty or international agreement, whatever its form and descriptive name, entered into by one or more Members of the United Nations after 24 October 1945, the date of the coming into force of the Charter, shall as soon as possible be registered with the Secretariat in accordance with these regulations.
2. Registration shall not take place until the treaty or international agreement has come into force between two or more of the parties thereto.
3. Such registration may be effected by any party or in accordance with article 4 of these regulations.
4. The Secretariat shall record the treaties and international agreements so registered in a Register established for that purpose.
1. When a treaty or international agreement has been registered with the Secretariat, a certified statement regarding any subsequent action which effects a change in the parties thereto, or the terms, scope at application thereof, shall also be registered with the secretariat.
2. The Secretariat. shall record the certified statement so registered in the register established under article article 1 of these regulations.
1. Registration by a party, in accordance with article article 1 of these regulations, relieves all other parties of the obligation to register.
2. Registration effected in accordance with article article 4 of these regulations relieves all parties of the obligation no register.
1. Every treaty or international agreement subject to article article 4 of these regulations shall be registered ex officio by the United Nations in the following cases:
(a) Where the United Nations is a party to the treaty or agreement;
(b) Where the United Nations has been authorized by the treaty or agreement to effect registration
2. A treaty or international agreement subject to article 1 or there regulations may be registered with the Secretariat by a specialized agency in the following cues:
(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;
(c) Where the specialized agency has been authorized by the treaty or agreement to effect registration.
1. A party or specialized agency, registering a treaty or international agreement under article 1 or article 4 of these regulations, shall certify that the text is a true and complete copy thereof and includes all reservations made by parties thereto.
2. The certified copy shall reproduce the text in all the languages in which the treaty or agreement was concluded and shall be accompanied by two additional copies and by a statement setting forth. in respect of each party:
(a) The date on which the treaty or agreement has come into force:
(b) The method whereby it has come into force (for example: by signature, by ratification or acceptance, by accession, et cetera).
The date of receipt by the Secretariat of the United Nations of the treaty or international agreement registered shall be deemed to be the date of registration, provided that the date of registration of a treaty or agreement registered ex officio by the United Nations shall be the date on which the treaty or agreement first came into force between two or more of the parties thereto.
A certificate of registration signed by the Secretary-General or his representative shall be issued to the registering party or agency and also to all signatories and parties to the treaty or international agreement registered.
1. The register shall be kept in the five official languages of the United Nations. The register shall comprise, in respect of each treaty or international agreement, a record of:
(a) The serial number given in the order of registration;
(b) The title given to the instrument by the parties;
(c) The names of the parties between whom it was concluded;
(d) The dates of signature, ratification or acceptance, exchange of ratification, accession, and entry into force;
(e) The duration;
(f) The language or languages in which it was drawn up;
(g) The name of the party or specialized agency which registers the instrument and the date of such registration;
(h) Particulars of publication in the treaty series of the United Nations.
2. Such information shall also be included in the Register in regard to the statements registered under article article 2 of these regulations.
3. The texts registered shall be marked "ne varietur" by the Secretary-General or his representative. and shall remain in the custody of the Secretariat.
The Secretary-General, or his representative, shall issue certified extracts from the Register at the request of any Member of the United Nations or any party to the treaty or international agreement concerned. In other cases he may issue such extracts at his discretion.
Filling and recording
The Secretariat shall file and record treaties and international agreements, other than those subject to registrations under article 1 of these regulations, if they fall in the following categories:
(a) Treaties or international agreements entered into by the United Nations or by one or more of the specialized agencies;
(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, but which were not included in the treaty series of the League of Nations;
(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 which were not included in the treaty series of the League of Nations, provided, however, that this paragraph shall be applied with full regard to the provisions of the resolution of the General Assembly of 10 February 1946 set forth in the Annex to these regulations.
1. The Secretariat shall publish as soon as possible in a single series every treaty, or international agreement which is registered, or filed and recorded, in the original language or languages, followed by a translation in English and in French. The certified statements referred to in article 2 of these regulations shall be published in the same manner.
2. The Secretariat shall, when publishing a treary or agreement under paragraph 1 of this article, include the following information; the serial number in order of registration or recording; the date of registration or recording; the name of the party or specialized agency which registered it or transmitted it for filing; and in respect of each party the date on which it has cone into force and the method whereby it has come into force.
The Secretariat shall publish every month a statement of the treaties and international agreements registered, or filed and recorded, during the preceding month, giving the dates and numbers of registration and recording.
Resolution adopted by the General Assemby on 10 February 1946 on registration and international agreements
The Executive Secretary sent a circular letter to the Members of the United Nations on 8 November 1945 informing them that from the date of the entry into force of the Charter, treaties and international agreements would be received and filed on a provisional basis until the adoption of detailed regulations prescribing the procedure to he followed in the registration and publication of treaties and international agreements under the provisions of Article 102 of the Charter. The Executive Secretary also invited the Governments of Members to transmit to the Secretariat for filing and publication, treaties and international agreements not included in the treaty series of the League of Nation and entered into in recent years before the date of the entry into force of the Charter.
It is desirable, as a matter of practical convenience, that arrangements should be made for the publication of any treaties cr international agreements which non-member States may voluntarily transmit and which have not been included in the treaty series of the League of Nations. These arrangements should not, however, extend to treaties or international agreements transmitted by any non-member State such as Spain, the Government of which has been founded with the support of the Axis Powers and does not, in view of its origin, its nature, its record and its close association with the aggressor Sates, possess qualifications necessary to justify membership in the United Nations under the provisions of the Charter.
Therefore, the General Assembly instructs the Secretary-General:
1. To submit to the General Assembly proposals for detailed regulations and other measures designed to give effect to the provisions of Article 102 of the Charter;
2. To invite the Govermnents of Members of the United Nations to transmit to the Secretary-General for filing and publication, treaties and international agreements entered into in recent years, but before the date of entry into force of the Charter, which had not been included in the League ot Nations treaty series, and to transmit for registration and publication, treaties and international agreements entered into after the date of entry into force of the Charter;
3. To receive, from the Governments of non-member States, treaties and international agreements entered into both before and after the date of entry into force of the Charter, which have not been included in the League of Nations treaty series and which they may voluntarily transmit for filing and publication; and to dispose of them in accordance with the foregoing provisions, and subject to such detailed regulations and other measures as may hereafter be adopted.
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