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The Obligation to Register Treaties and International Agreements with the United Nations

Published online by Cambridge University Press:  28 March 2017

R. B. Lillich
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Abstract

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Type
Editorial Comment
Information
American Journal of International Law , Volume 65 , Issue 5 , October 1971 , pp. 771 - 773
Copyright
Copyright © American Society of International Law 1971

References

1 U.N. Charter, Art. 102, par. 1 (emphasis added).

2 Eagleton, “The Handling of Treaties by the Secretariat of the United Nations,“ Report of the Committee to Study Legal Problems of the United Nations, 1951 Proceedings, American Society of International Law 139.

3 See Authors’ Introduction to 2 R. Lillich and B. Weston, International Claims: Their Settlement by Lump Sum Agreements (to be published by the Syracuse University Press during 1972 in the Procedural Aspects of International Law Series). Some states, of course, may contend that lump-sum settlements, which often contain a high content of commercial and economic matters, are not subject to the registration requirement. Most states have registered at least one such settlement, however, indicating that general practice regards them as treaties for purposes of Art. 102.

4 League of Nations Covenant, Art. 18. While very similar to Art. 102(1), this article contains a final sentence not included in its successor: “No such treaty or international engagement shall be binding until so registered.“

5 Brandon, “Analysis of the Terms ‘Treaty’ and ‘International Agreement’ for Purposes of Registration under Article 102 of the United Nations Charter,” 47 AJ.I.L. 49, 69 (1953).

6 Hudson, “The Registration and Publication of Treaties,” 19 AJ.I.L. 273 (1925).

7 Ibid,at 288.

8 Barcelona Traction, Light & Power Co., Ltd. Case, [1970] I.C.J. Rep. 3; 64 A.J.I.L. 653 (1970); 9 Int. Legal Materials 227 (1970).

9 See Lillich, “The Rigidity of Barcelona,” 65 A.J.I.L. 522 (1971). See also round table discussion in 65 A.J.I.L. (September) 333 (1971).

10 Letter from Sr. Pedro Bermejo, First Secretary, Spanish Embassy, to the author, March 4, 1971.

11 [1967] J.O. 9761; [1968] R.G.D.I.P. 299; 45 Journal du Droit International 172 (1968).

12 See note 4 above.

13 N. Bentwich and A. Martin, A Commentary on the Charter of the United Nations 178 (1950).

14 Ibid.

15 U.N. Doc. A/Conf. 39/27 at 42 (1969), reprinted in 63 A.J.I.L. 875, 901 (1969).

16 Of the nine lump-sum settlements concluded by the United Sates since World War II, only the most recent, the United States-Canadian Agreement of Nov. 18, 1968, [1968] U.S.T. 7863, T.I.A.S., No. 6624, has not been published in the U.N. Treaty Series.

17 See, e.g.,Report of the Committee on Publications of the Department of State and the United Nations, 64 A.J.I.L. (September) 293 (1970).