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5 results

  • 18 - The Depositary

  • Jeremy Hill, Formerly Legal Counsellor, Foreign, Commonwealth and Development Office, London
  • Book:
    Aust's Modern Treaty Law and Practice
    Published online:
    13 April 2023
    Print publication:
    06 April 2023, pp 333-345

  • Summary

    The depositary keeps custody of the original text of the treaty, prepares certified texts and performs a number of other important functions relating to the verification and notification of acts relating to the treaty. The principal functions are listed in Article 77 of the Vienna Convention on the Law of Treaties, but treaties may include specific provisions on the role of the depositary. Under Article 78, unless a treaty otherwise provides, states shall make notifications to the depositary or, if there is none, direct to the states to which they are intended. The depositary has a duty to act impartially. Often, bilateral treaties will not have a depositary but, if they do, the duties will be confined to custody or provision of certified texts. Multilateral treaties will almost always have a depositary, since they play an essential role in ensuring that the necessary formalities and procedures are performed. The depositary for many multilateral treaties is the UN Secretary-General or the chief administrative officer of a relevant international organisation. If a state is the depositary, the functions should be performed by its foreign ministry. The function in respect of correction of errors is examined in more detail.

  • 4 - Managing and Using Treaty Collections

  • Jill Barrett, Queen Mary University of London, Robert Beckman, National University of Singapore
  • Book:
    Handbook on Good Treaty Practice
    Published online:
    27 January 2020
    Print publication:
    12 March 2020, pp 123-157

  • Summary

    For any State or IO, the accurate and efficient management of treaty records is of fundamental importance. This chapter looks at the how’s and whys of keeping treaty records, where the information comes from and what treaty officials do with it. It looks at ways of managing all treaty-related information and permanently preserving treaties and associated documents, and what one needs to consider when doing so. It addresses what different users might need treaty information for, and the ways in which they might use it. It looks first at internal users such as the Treaty Office and those closely associated with it, such as legal advisers and policy makers within the government or IO. It then considers the needs of ‘external users‘ in effect, everyone else. Lastly, it considers the role of depositaries.

  • OVERSEAS TERRITORIES IN THE WTO

  • Matthew Kennedy
  • Journal:
    International & Comparative Law Quarterly / Volume 65 / Issue 3 / July 2016
    Published online by Cambridge University Press:
    02 May 2016, pp. 741-761
    Print publication:
    July 2016

  • In the wake of the Faroe Islands fishing dispute, this article seeks to clarify the status of overseas territories in the World Trade Organization (WTO). The article considers the rule of public international law regarding the territorial application of treaties, the impact of territorial limitations in WTO goods and services schedules and the treaty actions of individual States responsible for the international relations of overseas territories. The article then explores the implications of WTO rights and obligations in respect of Members' overseas territories, including limitations on free riding and preferential treatment.

  • CUSTODY CHAINS AND ASSET VALUES: WHY CRYPTO-SECURITIES ARE WORTH CONTEMPLATING

  • Eva Micheler
  • Journal:
    The Cambridge Law Journal / Volume 74 / Issue 3 / November 2015
    Published online by Cambridge University Press:
    24 August 2015, pp. 505-533
    Print publication:
    November 2015

  • Computerisation facilitates instantaneous and direct links between all of us in our work and social lives. At the same time, and counter-intuitively so, securities are increasingly held indirectly through chains of custodians that operate between issuers and investors. This disconnects investors from issuers and can significantly reduce the value of assets. The regulatory framework does not prevent this effect. UK-regulated holders of client securities should be required to hold these directly in the name of the investor. At an international level, it is worth asking whether the technology underlying bitcoin and other cryptocurrencies can be used to create an un-intermediated securities ledger connecting investors and issuers directly.