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1 The Origins of Article 102 of the Charter: “Open Covenants of Peace, Openly Arrived At” 1 The Origins of Article 102 of the Charter: “Open Covenants of Peace, Openly Arrived At”
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2 The Implementation of Article 102: Toward Open Diplomacy? 2 The Implementation of Article 102: Toward Open Diplomacy?
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2.1 The General Assembly of the United Nations: Operationalizing Article 102 2.1 The General Assembly of the United Nations: Operationalizing Article 102
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2.2 The Secretariat of the United Nations: Managing the Registration and Publication Process 2.2 The Secretariat of the United Nations: Managing the Registration and Publication Process
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2.3 The Role of the International Court of Justice: Considering the Legal Effect of (Non) Registration 2.3 The Role of the International Court of Justice: Considering the Legal Effect of (Non) Registration
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3 A View of the International Treaty Framework through Article 102 of the Charter 3 A View of the International Treaty Framework through Article 102 of the Charter
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3.1 Global Trends in Treaty-Making 3.1 Global Trends in Treaty-Making
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3.2 Key Challenges in Treaty-Making: Lessons from the Practice of the Secretariat 3.2 Key Challenges in Treaty-Making: Lessons from the Practice of the Secretariat
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3.2.1 A thematic analysis of treaty-making: The predominance of commercial matters 3.2.1 A thematic analysis of treaty-making: The predominance of commercial matters
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3.2.2 Treaty-Making Capacity of Territorial Entities 3.2.2 Treaty-Making Capacity of Territorial Entities
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3.2.3 Treaty-Making Capacity of International Organizations 3.2.3 Treaty-Making Capacity of International Organizations
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4 The Impact of Article 102 and Priorities for Reform 4 The Impact of Article 102 and Priorities for Reform
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33 The Role of the United Nations in Promoting Transparency in the International Treaty Framework: a view through the registration and publication of treaties under article 102 of the charter of the united nations
Get accessJonathan Agar is a Legal Officer with the UN Office of Legal Affairs.
Christel Mobech is a Human Rights Officer with the UN High Commissioner for Human Rights and a former Associate Legal Officer in the Treaty Section at the UN Office of Legal Affairs
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Published:02 July 2019
Cite
Abstract
This chapter explores the role played by the United Nations in promoting transparency in the international treaty framework, as mandated under Article 102 of the Charter on the registration and publication of treaties. Beginning with an exploration of the historical origins of Article 102, an overview is provided of the role played by the different organs of the Organization in the registration and publication process. Drawing on the thousands of entries in the UN electronic treaty database, as well as the practice of the Secretariat of the United Nations in exercising its functions under Article 102, the chapter further explores some key trends in global treaty-making activity. Finally, consideration is given to the challenges faced by the Organization in realizing the aims of Article 102 and how the registration and publication process could be reinvigorated through action by member states in the General Assembly.
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