1 overview of international treaty law, the un office of legal affairs and treaty section mandates...
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Overview of International Overview of International Treaty Law, the UN Office of Treaty Law, the UN Office of
Legal Affairs Legal Affairs and Treaty Section mandates and Treaty Section mandates
Ms. Annebeth RosenboomMs. Annebeth RosenboomChiefChief
Treaty SectionTreaty SectionOffice of Legal AffairsOffice of Legal Affairs
United NationsUnited Nations
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OVERVIEW OVERVIEW
1. Types of law and international law1. Types of law and international law
2. The position of treaties in international 2. The position of treaties in international lawlaw
3. Treaties3. Treaties
4. The Office of Legal Affairs4. The Office of Legal Affairs
5. The Treaty Section’s objectives and 5. The Treaty Section’s objectives and activitiesactivities
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International Law and the International Law and the importance of treatiesimportance of treaties
In the last decades, relations among In the last decades, relations among States have become increasingly complex States have become increasingly complex – heightening the need to strengthen and – heightening the need to strengthen and promote international law and the rule of promote international law and the rule of law at the national and international law at the national and international levels. levels.
The United Nations Secretary-General has, in numerous statements and reports, consistently emphasized the importance of participation in and the domestic implementation of treaty-based norms and international legal principals.
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LAW
National Law Foreign Law International Law
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International LawInternational Law
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Sources of international law
(Art. 38 of the Statute of the ICJ)
TreatiesInternational
custom
Generalprinciples
of law
Judicial decisions
and teachings
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Treaties
Bilateral treaties
Multiple bilateral treaties
Multilateraltreaties
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The Vienna Convention 1969 defines a treaty as
"an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation" (article 2(1)(a)).
What is a “Treaty”
Congress of ViennaCongress of Vienna(1814-1815)(1814-1815)“There is always an alternative “There is always an alternative to conflict”to conflict”
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Rule of LawRule of Law
The international The international rule of law rule of law contributes to order contributes to order and stability, and and stability, and enhances each enhances each nation’s nation’s independence and independence and security.security.
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Rule of Law and the Treaty Rule of Law and the Treaty FrameworkFramework
SG Ban Ki-Moon is SG Ban Ki-Moon is making the rule of law making the rule of law an important theme of an important theme of his tenure. He has his tenure. He has stated that stated that “[t]ogether, by “[t]ogether, by participating in the participating in the international treaty international treaty framework, we can framework, we can succeed in advancing succeed in advancing our mission of building our mission of building a global society based a global society based on respect for the rule on respect for the rule of law.”of law.”
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UN Office of Legal AffairsUN Office of Legal Affairs
The Office of the Legal CounselThe Office of the Legal Counsel The General Legal DivisionThe General Legal Division The Codification DivisionThe Codification Division The International Trade Law Division, The International Trade Law Division,
the Division of Ocean Affairs and Law the Division of Ocean Affairs and Law of the Seaof the Sea
The Treaty Section The Treaty Section
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UN Office of Legal AffairsUN Office of Legal Affairs The Office of Legal Affairs advises on many The Office of Legal Affairs advises on many
areas of international law, including the areas of international law, including the establishment of peacekeeping missions, the establishment of peacekeeping missions, the relationships between the UN and States and relationships between the UN and States and private entities, mandates given to the UN, private entities, mandates given to the UN, privileges and immunities, and more. privileges and immunities, and more.
OLA provides secretariat duties (6OLA provides secretariat duties (6thth Committee (Legal) of the GA, ILC meetings) Committee (Legal) of the GA, ILC meetings) and gives advice on rules of procedure to the and gives advice on rules of procedure to the UN organs.UN organs.
OLA also includes 2 divisions that work on OLA also includes 2 divisions that work on specific areas: trade law (UNCITRAL specific areas: trade law (UNCITRAL secretariat) and the law of the sea. secretariat) and the law of the sea.
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Treaty SectionTreaty SectionObjectivesObjectives
Contribute to the rule of law Contribute to the rule of law by:by:• Improving access to treaties and Improving access to treaties and
treaty related information;treaty related information;• Promoting broader State Promoting broader State
participation in the multilateral participation in the multilateral treaty framework;treaty framework;
• Enhancing understanding of Enhancing understanding of technical and legal aspects of technical and legal aspects of participating in treaties and participating in treaties and registering treaties with the registering treaties with the Secretariat.Secretariat.
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Treaty Section ActivitiesTreaty Section Activities Assist States in signing and becoming party to Assist States in signing and becoming party to
treatiestreaties Advise on issues and questions of Advise on issues and questions of
international treaty lawinternational treaty law Perform the function of the SG as depositary Perform the function of the SG as depositary
for multilateral treatiesfor multilateral treaties Advise on reservations, declarations and final Advise on reservations, declarations and final
clauses to treatiesclauses to treaties Register treaties submitted under Article 102 Register treaties submitted under Article 102
of the UN Charterof the UN Charter Publish treaties in the UN Publish treaties in the UN Treaty SeriesTreaty Series Provide capacity-building trainings and Provide capacity-building trainings and
organize special treaty eventsorganize special treaty events
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UN General Assembly support UN General Assembly support for treatiesfor treaties
The 2005 Outcome Document of the The 2005 Outcome Document of the General Assembly High-Level Summit General Assembly High-Level Summit supported the annual Treaty Event supported the annual Treaty Event and specifically encouraged “States and specifically encouraged “States that have not yet done so to consider that have not yet done so to consider becoming parties to … treaties” in a becoming parties to … treaties” in a range of subject areas.range of subject areas.
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Action plans and follow-upAction plans and follow-up Over the following days, keep in mind Over the following days, keep in mind
challenges your government may face in challenges your government may face in the area of treaties and their the area of treaties and their implementation.implementation.
Please note those substantive areas your Please note those substantive areas your government wishes to work on and steps government wishes to work on and steps you may like to take.you may like to take.
On the last day, we will discuss and create On the last day, we will discuss and create plans that will also include ways the UN plans that will also include ways the UN family of offices and organizations may family of offices and organizations may assist your governments with becoming assist your governments with becoming party to treaties, implementing them and party to treaties, implementing them and registering them with the UN.registering them with the UN.
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Copyright 2009 by the United Nations. All Copyright 2009 by the United Nations. All rights reserved. Printed in the United rights reserved. Printed in the United States of America. No part of this States of America. No part of this publication may be reproduced, stored in a publication may be reproduced, stored in a retrieval system, or transmitted in any retrieval system, or transmitted in any form by any means, i.e., electronic, form by any means, i.e., electronic, mechanical, photocopying, recording, or mechanical, photocopying, recording, or otherwise, without the written permission otherwise, without the written permission of the United Nations.of the United Nations.
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