In
international law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
, a depositary is a
government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
or
organization
An organization or organisation (English in the Commonwealth of Nations, Commonwealth English; American and British English spelling differences#-ise, -ize (-isation, -ization), see spelling differences) is an legal entity, entity—such as ...
to which a
multilateral treaty
A multilateral treaty or multilateral agreement is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservation (law), reservations. Ex ...
is entrusted.
The principal functions of a depositary are codified in Article 77 of the
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states.
Known as the "treaty on treaties", the VCLT establishes comprehensive, operational guidelines, rules, and proced ...
.
Belarus
The phrase “A true copy shall be kept in the
Archives of the Government of the
Republic of Belarus
A republic, based on the Latin phrase ''res publica'' ('public affair' or 'people's affair'), is a state in which political power rests with the public (people), typically through their representatives—in contrast to a monarchy. Although a ...
, which shall send to the Contracting Parties which have signed this Agreement (or the Treaty or the Protocol) a certified copy thereof” is contained in numerous documents of the
Commonwealth of Independent States
The Commonwealth of Independent States (CIS) is a regional organization, regional intergovernmental organization in Eurasia. It was formed following the dissolution of the Soviet Union, dissolution of the Soviet Union in 1991. It covers an ar ...
, in particular in the
Protocol to the Agreement on the Creation of the Commonwealth of Independent States, the
Charter of the Commonwealth of Independent States, the Agreement on the Status of the
Economic Court of the Commonwealth of Independent States, the
Treaty on the Creation of the Economic Union and the
Agreement on the Creation of a Free Trade Area of 1994.
Belgium
Belgium
Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...
's
Ministry of Foreign Affairs
In many countries, the ministry of foreign affairs (abbreviated as MFA or MOFA) is the highest government department exclusively or primarily responsible for the state's foreign policy and relations, diplomacy, bilateral, and multilateral r ...
serves as the depositary for multilateral treaties such as the treaty establishing
Eurocontrol
The European Organisation for the Safety of Air Navigation, commonly known as Eurocontrol (stylised ''EUROCONTROL''), is an international organisation working to achieve safe and seamless air traffic management across Europe. Founded in 1963, Eur ...
.
Canada
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
's
Global Affairs Canada
Global Affairs Canada (GAC; ; AMC)''Global Affairs Canada'' is the applied title under the Federal Identity Program; the legal title is Department of Foreign Affairs, Trade and Development (). is the department of the Government of Canada that ...
Treaty Law Division serves as the depositary for multilateral treaties such as the
Arctic Search and Rescue Agreement. Canada is also one of two depositaries for the
Treaty on Open Skies along with
Hungary
Hungary is a landlocked country in Central Europe. Spanning much of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia and ...
.
France
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
's
Ministry of Foreign and European Affairs serves as the depositary for multilateral treaties such as the
Geneva Protocol.
Italy
Italy
Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...
's
Ministry of Foreign Affairs
In many countries, the ministry of foreign affairs (abbreviated as MFA or MOFA) is the highest government department exclusively or primarily responsible for the state's foreign policy and relations, diplomacy, bilateral, and multilateral r ...
serves as the depositary for multilateral treaties such as the
Treaty of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signe ...
, which established the
European Economic Community
The European Economic Community (EEC) was a regional organisation created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbo ...
(a predecessor to the
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
).
New Zealand
New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
's
Ministry of Foreign Affairs and Trade serves as the depositary for multilateral treaties such as the
Trans-Pacific Strategic Economic Partnership Agreement and
Trans-Pacific Partnership
The Trans-Pacific Partnership (TPP), or Trans-Pacific Partnership Agreement (TPPA), was a proposed trade agreement between 12 Pacific Rim countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietn ...
.
Russia
Russia
Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
's
Ministry of Foreign Affairs
In many countries, the ministry of foreign affairs (abbreviated as MFA or MOFA) is the highest government department exclusively or primarily responsible for the state's foreign policy and relations, diplomacy, bilateral, and multilateral r ...
serves as the depositary for multilateral treaties such as the
Biological Weapons Convention
The Biological Weapons Convention (BWC), or Biological and Toxin Weapons Convention (BTWC), is a disarmament treaty that effectively bans Biological weapons, biological and toxin weapons by prohibiting their development, production, acquisition, ...
,
Nuclear Non-Proliferation Treaty
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperatio ...
and
Partial Nuclear Test Ban Treaty
The Partial Test Ban Treaty (PTBT), formally known as the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, prohibited all nuclear weapons testing, test detonations of nuclear weapons except for those co ...
.
Switzerland
Switzerland
Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
's
Federal Department of Foreign Affairs of Switzerland serves as the depositary for 78 multilateral treaties including the
Geneva Conventions
upright=1.15, The original document in single pages, 1864
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
.
United Kingdom
The
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
's
Foreign, Commonwealth and Development Office
The Foreign, Commonwealth and Development Office (FCDO) is the ministry of foreign affairs and a Departments of the Government of the United Kingdom, ministerial department of the government of the United Kingdom.
The office was created on 2 ...
currently acts as the depositary for documents such as
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space,
Constitution of UNESCO, and the
Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction.
Public copies are supplied by
The Stationery Office
The Stationery Office (TSO) is a British publishing company created in 1996 when the publishing arm of Her Majesty's Stationery Office was privatised. It is the official publisher and the distributor for legislation, command and house papers, s ...
and the
British Library
The British Library is the national library of the United Kingdom. Based in London, it is one of the largest libraries in the world, with an estimated collection of between 170 and 200 million items from multiple countries. As a legal deposit li ...
.
United States
The
United States Department of State
The United States Department of State (DOS), or simply the State Department, is an United States federal executive departments, executive department of the U.S. federal government responsible for the country's foreign policy of the United State ...
is currently the depositary for more than 200 multilateral treaties, including the
Charter of the United Nations
The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the G ...
,
Convention on International Civil Aviation
The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating international air trav ...
,
North Atlantic Treaty
The North Atlantic Treaty, also known as the Washington Treaty, forms the legal basis of, and is implemented by, the North Atlantic Treaty Organization (NATO). The treaty was signed in Washington, D.C., on 4 April 1949.
Background
The treat ...
,
Statute of the International Atomic Energy Agency,
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, and the
Treaty on the Non-proliferation of Nuclear Weapons
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperatio ...
.
Generally, the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
executes its responsibilities in accordance with the will of each individual treaty or, in lieu of such provision, as per the
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states.
Known as the "treaty on treaties", the VCLT establishes comprehensive, operational guidelines, rules, and proced ...
.
Most treaties for which the United States is the depositary government are held by the U.S. National Archives and Records Administration.
United Nations Secretary-General
The
United Nations Secretary-General
The secretary-general of the United Nations (UNSG or UNSECGEN) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the United Nations System#Six principal organs, six principal organs of ...
serves as the depositary for numerous multilateral treaties, including the
Chemical Weapons Convention
The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...
,
Comprehensive Nuclear-Test-Ban Treaty
The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is a multilateral treaty to ban nuclear weapons test explosions and any other nuclear explosions, for both civilian and military purposes, in all environments. It was adopted by the United Nati ...
,
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
and
United Nations Framework Convention on Climate Change
The United Nations Framework Convention on Climate Change (UNFCCC) is the UN process for negotiating an agreement to limit dangerous climate change. It is an international treaty among countries to combat "dangerous human interference with th ...
.
References
External links
SUMMARY OF PRACTICE OF THE SECRETARY-GENERAL AS DEPOSITARY OF MULTILATERAL TREATIESST/LEG/7/Rev.l United Nations, 1994 {{ISBN, 92-1-133477-2
International law
Treaties
Multilateral relations
Treaties drafted by the International Law Commission