Treaties, States Parties and Commentaries
  • Print page
Commentary of 1987 
[p.1117] Article 101 -- Registration

3872 As we saw with respect to Article 95 ' (Entry into force) ' the Protocol entered into force on 7 September 1978 after ratification by Ghana and accession by Libya. It was duly transmitted by the depositary to the Secretariat of the United Nations for registration and publication. In accordance with Article 102, paragraph 1, of the United Nations Charter, every treaty and every international agreement entered into by any Member of the United Nations must be [p.1118] transmitted to the Secretariat as soon as possible for registration and publication. (1)

3873 The said Article 102 of the Charter provides in paragraph 2 that the States Parties to a treaty may not invoke it before any organ of the United Nations unless it has been duly registered by the Secretariat. (2)

3874 The publication in the ' United Nations Treaty Series ' is made in the authentic languages of the treaty and in any case in English and French. The growing volume of treaties due for publication has resulted in a serious backlog in the publication of the ' United Nations Treaty Series, ' greatly exceeding the period of one year between registration and publication considered normal. The General Assembly considered what measures should be taken during its thirty-third session (1978) (3) and subsequent sessions.

3875 In fact, although the Protocol was registered in 1979, it was not yet published on 31 December 1984.

3876 Paragraph 2 of this article only requires the notification to the Secretariat of the United Nations of ratifications, accessions and denunciations. Obviously successions should also be notified. (4) The same applies for any amendments adopted in accordance with Article 97 ' (Amendment) ' and Article 98 ' (Revision of Annex I) ' once such amendments have entered into force. It would be desirable that declarations under Article 90 ' (International Fact-Finding Commission), ' paragraph 2(a), and Article 96 ' (Treaty relations upon entry into force of this Protocol), ' paragraph 3, be also notified.

' B.Z. '

NOTES (1) [(1) p.1118] On this article of the Charter, cf. L.M. Goodrich, E. Hambro, A.P. Simons, ' Charter of the United Nations, Commentary and Documents ' (3rd ed.), New York and London, 1969, pp. 610-614;

(2) [(2) p.1118] For the role of the United Nations for the benefit of international humanitarian law and its application, cf. commentary Art. 89, supra, pp. 1034-1035;

(3) [(3) p.1118] On the basis of a report of the Secretary-General of 2 October 1978, A/33/258, item 119 of the agenda, "Registration and publication of treaties and international agreements pursuant to Article 102 of the Charter of the United Nations";

(4) [(4) p.1118] For the concepts of ratification, accession and succession, cf. commentary Arts. 93 and 94, supra, pp. 1071-1072 and 1075;