Treaties & HR Elizabeth Wells Foreign & International LL August 2008

A Treaty … “… international agreement concluded between states … in written form and intended by them to be binding in international law, whether embodied in a single instrument or in two or more related instruments & whatever its particular designation .” Art.1 Vienna Convention on Law of Treaties

“… international agreement concluded between states … in written form and intended by them to be binding in international law, whether embodied in a single instrument or in two or more related instruments & whatever its particular designation .”

Art.1 Vienna Convention on Law of Treaties

Pacta sunt servanda “Every treaty in force is binding upon the parties to it and must be performed by them in good faith” Art.26 Vienna Convention on the Law of Treaties

“Every treaty in force is binding upon the parties to it and must be performed by them in good faith”

Art.26 Vienna Convention on the Law of Treaties

Not always so called! International convention or agreement, charter, pact, final act, covenant, accord, protocol, MOU or memorandum of understanding, protocol, constitution (of international organization), exchange of notes Usually these different names have no legal significance in international law

International convention or agreement, charter, pact, final act, covenant, accord, protocol, MOU or memorandum of understanding, protocol, constitution (of international organization), exchange of notes

Usually these different names have no legal significance in international law

Researcher’s needs text of the treaty or agreement status and parties information (signature/ratification/accession), entry into force date, later amendments (protocols) details of reservations

text of the treaty or agreement

status and parties information (signature/ratification/accession), entry into force date, later amendments (protocols)

details of reservations

E- is best? Since status information is ever changing, locating the current status of treaties and agreements has always been a challenging task for the researcher take care

Since status information is ever changing, locating the current status of treaties and agreements has always been a challenging task for the researcher

take care

Check e-sources for AUTHENTICITY Whose website? – how authoritative/ responsible is the host? CURRENCY What version is the text? – original or updated? Pdf (image) or typed? Up-to-date status, ratification, reservation details?

AUTHENTICITY

Whose website? – how authoritative/

responsible is the host?

CURRENCY

What version is the text? – original or updated? Pdf (image) or typed?

Up-to-date status, ratification, reservation details?

UN Treaty Collection Major electronic resource Authoritative in authentic languages with Eng/Fr translations FREE TO ALL – treaties 12345 Incl. UNTS – printed from 1946- In BLL at Internat 10 UN

Major electronic resource

Authoritative in authentic languages with Eng/Fr translations

FREE TO ALL – treaties 12345

Incl. UNTS – printed from 1946-

In BLL at Internat 10 UN

http://untreaty.un.org/ Quick access Currency problem

UNTC extras Current status of UN multilateral treaties Alphabetical index and limited keyword search index Texts of recently deposited multilateral treaties Chronological order with basic search

Current status of UN multilateral treaties

Alphabetical index and limited keyword search index

Texts of recently deposited multilateral treaties

Chronological order with basic search

Scroll down or use drop down menu here

Basic Search Screen

UNTC advanced searches Title Keyword Type of agreement Dates Participants Subject Organisation Popular name UN registration #

Title

Keyword

Type of agreement

Dates

Participants

Subject

Organisation

Popular name

UN registration #

Original agreement link to summary page

Scroll for more details Eg entry into force NB For Reservations you must use Status database Language choice for text

Full text

UNTC Status database Subject Browsing Full List –use edit find

Scroll down to reach details of Reservations

OHCHR website

www2.ohchr.org/english/law/ The Core + optional protocols

Non-exhaustive selection of HR instruments

Scroll right down to “ Also Available” for Ratifications/ Reservations & Status

Similar to UNTC Scroll for Reservations

Treaty Body database www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx Documents issued by the committees monitoring the application of the HR conventions

www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx

Documents issued by the committees monitoring the application of the HR conventions

Council of Europe:Treaty Office http://conventions.coe.int/ Web pages only use CETS numbering (1949-2003 o.s. ETS) In Library at Internat 025 Eur

http://conventions.coe.int/

Web pages only use CETS numbering

(1949-2003 o.s. ETS)

In Library at Internat 025 Eur

Menu includes Family Law- Rights of Children, HR

International Labour O Ilolex – db of International Labour Standards http://www.ilo.org/ilolex/english/

Ilolex – db of International Labour Standards

http://www.ilo.org/ilolex/english/

University of Minnesota UMN Human Rights Library http://www1.umn.edu/humanrts/index.html Includes full text of human rights treaties and other international instruments

UMN Human Rights Library

http://www1.umn.edu/humanrts/index.html

Includes full text of human rights treaties and other international instruments

Uni sites can have problems staying up to date

Treaty Gateways Advantages over search engines Mediated Specialised search facilities Direct links to texts of treaties Additional Information Citations to printed sources

Advantages over search engines

Mediated

Specialised search facilities

Direct links to texts of treaties

Additional Information

Citations to printed sources

www.eisil.org

Acronym

Use “More Information” for details

Links to reliable texts

www.asil.org/resource/treaty1.htm This page was revised and updated March 21, 2008.