Sixth Committee (Legal) — 78th session
Strengthening and promoting the international treaty framework (Agenda item 87)
- Authority: resolution 76/120
Documentation
- A/C.6/78/L.4 — Draft resolution [see also Programme budget implications – A/C.6/78/L.20]
Summary of work
Background (source: A/78/100)
At its seventieth session, under the agenda item entitled “The rule of law at the national and international levels”, the General Assembly invited the Secretary- General to review the regulations giving effect to Article 102 of the Charter of the United Nations and to submit the result of that review to the Sixth Committee for consideration (resolution 70/118). Accordingly, the Secretary-General presented the review in his report on strengthening and coordinating United Nations rule of law activities (A/71/169).
At its seventy-first session, the Assembly requested the Secretary-General to further elaborate on a review of the regulations giving effect to Article 102 of the Charter, taking into account recent developments, and to prepare a report on the registration and publication of treaties and international agreements pursuant to Article 102 of the Charter, to be submitted well in advance of the seventy-second session of the General Assembly (resolution 71/148).
At its seventy-second session, the Assembly took note of the report of the Secretary-General entitled “Review of the regulations to give effect to Article 102 of the Charter of the United Nations” (A/72/86) and stressed that the regulations should be useful and relevant to Member States (resolution 72/119).
In a letter dated 7 June 2018 addressed to the Secretary-General (A/73/141), the Permanent Representatives of Argentina, Austria, Brazil, Italy and Singapore to the United Nations requested the inclusion of a new item entitled “Strengthening and promoting the international treaty framework” in the provisional agenda of the seventy-third session.
At its seventy-third session, the Assembly requested the Secretary-General to provide, at its seventy-fifth session, a report, following broad consultations with Member States, with information on practice and possible options to review the regulations, taking into account outstanding issues identified by Member States, and decided to include the item in the provisional agenda of its seventy-fifth session (resolution 73/210).
At its seventy-fifth session, the Assembly decided to defer consideration of proposals to further amend the regulations to give effect to Article 102 of the Charter of the United Nations to the seventy-sixth session of the Assembly (resolution 75/144).
At its seventy-sixth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 32 delegations (see A/C.6/76/SR.9 and 10). The Assembly decided to undertake a thematic debate in the Committee to foster a technical exchange of views on practice relating to the strengthening and promoting of the international treaty framework, and invited Member States to focus their comments during the debate at the seventy-eighth session of the Assembly, on the subtopic “Best practices of depositaries of multilateral treaties” (resolution 76/120).
Consideration at the seventy-eighth session
The Sixth Committee considered the item at its 20th and 37th meetings on 19 October and 17 November 2023 (see A/C.6/78/SR.20, and 37).
Statements were made by the representatives of Saint Vincent and the Grenadines (on behalf of CELAC), Denmark (on behalf of Denmark, Finland, Iceland, Norway and Sweden (Nordic Countries)), Argentina (on behalf of Argentina, Austria, Brazil, Italy and Singapore), New Zealand (on behalf of Canada, Australia and New Zealand (CANZ)), Singapore, the United States of America, Switzerland, Belarus, Mexico, the United Kingdom of Great Britain and Northern Ireland, Colombia, the Philippines, South Africa, Cuba, China, El Salvador, Malaysia, Belgium, Nigeria and Cameroon.
Delegations highlighted the importance of the agenda item, noting that a strong international treaty framework provided critical support for the rule of law and the multilateral system founded upon international law. Delegations recalled that the objective of the agenda item was to reaffirm, promote and facilitate the registration and publication of treaties and international agreements under Article 102 of the Charter of the United Nations, as well as to provide an opportunity for Member States to have an exchange of views on treaty-making practice and identify trends and share best practices in treaty-making and other treaty-related topics.
Delegations welcomed the holding of a thematic debate to foster a technical exchange of views on practice relating to the strengthening and promoting of the international framework, in particular on the subtopic selected for the session “Best practices of depositaries of multilateral treaties”.
The duty of depositaries to act impartially was recalled, as it is central to ensuring the transparency and accessibility of international law. The fundamental importance of publicity in discharging depositary functions was also noted. It was also highlighted that while depositaries have developed their own practice, they should always be guided by the relevant provisions of the 1969 Vienna Convention on the Law of Treaties reflecting customary international law. It was noted that one of the best practices among depositaries is the use of technology in promoting greater transparency as well as in carrying out their functions more efficiently.
Delegations noted with appreciation that the Secretary-General of the United Nations acts as depositary of more than 600 multilateral treaties and instruments. It was noted that apart from performing the core depositary functions, the Secretary General – through the Office of Legal Affairs—engages in tasks that have modernized and expanded the traditional depositary role, including by providing advice and capacity building. It was noted that the publication entitled Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties provides important guidance on the depositary practice of the United Nations. The need to update that publication was also highlighted.
The important work of the Treaty Section of the Office of Legal Affairs in assisting member States was also emphasized. Delegations recalled the amendments to the regulations to give effect to Article 102 of the Charter adopted in 2018 and 2021. It was further recalled that the obligation to register treaties found in Article 102 of the Charter had not yet been met with universal compliance and that the extent of treaty registrations appeared to be geographically imbalanced. Delegations noted that the expanded use of technology could serve to promote access and universal participation in the registration of treaties, including through an online solution for treaty registration.
Delegations emphasized the importance of multilingualism as a core value of the Organization, and expressed their gratitude for the Secretariat’s efforts at addressing the backlog in the publication of the United Nations Treaty Series. Delegations also noted that, in addressing the various challenges to registration of treaties, it would be important to consider additional measures such as further capacity-building and technical assistance.
Archived videos and summaries of plenary meetings
20th meeting (19 October 2023, 3:00pm – 6:00pm) | Summary
37th meeting (17 November 2023, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 37th meeting, on 17 November 2023, the representative of Singapore, on behalf of the Bureau, introduced a draft resolution entitled “Strengthening and promoting the international treaty framework” (A/C.6/78/L.4). At the same meeting, the Committee adopted draft resolution A/C.6/78/L.4 without a vote.
Under the draft resolution, the General Assembly would, inter alia, recall Article 102 of the Charter of the United Nations and reaffirm the importance of the registration and publication of treaties, as well as their accessibility. The resolution would also reaffirm that multilingualism is a core value of the Organization, and reiterate its encouragement to the Secretary-General to develop, in consultation with and on the basis of feedback from Member States and within existing resources, an online treaty registration system to facilitate submissions of treaties for registration, as an additional option to the existing ways of submission in electronic or hard-copy format. Furthermore, the Assembly would once again welcome efforts to build the capacity of States in treaty law and practice, and invite States and interested organizations and institutions to make voluntary contributions towards the financing of workshops on treaty law and practice at the national and regional levels. The Assembly would also welcome the efforts made to develop and enhance the United Nations electronic treaty database; recognize the importance of the legal publications prepared by the Treaty Section of the Office of Legal Affairs; and call upon the Secretary-General to ensure the expedited publication of the United Nations Treaty Series. Finally, the Assembly would decide to undertake a regular thematic debate in the Sixth Committee to foster a technical exchange of views on practice relating to the strengthening and promoting of the international treaty framework, and invite Member States to focus their comments during the debate at the eightieth session of the General Assembly, on the subtopic “The role of technology in shaping treaty-making practice”.
Subsequent action taken by the General Assembly
This agenda item will be considered at the eightieth session (2025).
