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Commentary - Registration

[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;