Letter from Nicolas Michel, Under-Secretary General to the Secretary
General (Kofi Annan) introducing the 2005 treaty event at
the
United Nations
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Excellency,
I have the honour to refer to the Secretary-General’s letter of
invitation addressed to Heads of State and Government to participate in
this year’s annual treaty event, Focus 2005: Responding to Global
Challenges. This year’s event
will be held from 14 to 16 September 2005 at United Nations
Headquarters in New York during the High-Level Plenary meeting of the
sixtieth General Assembly. Consistent with the themes of the report of
the High-Level Panel on Threats, Challenges and Change, the treaty
event will highlight the treaties deposited with the Secretary-General
reflecting a broad array of interconnected concerns: ranging from
terrorism to organized crime and corruption, from human rights to those
addressing environmental and disarmament issues.
You may recall the successful treaty events which have been held
annually since the Millennium Summit. Consistent with this tradition,
the Treaty Section of the Office of Legal Affairs will organize another
high profile ceremony this year also. It is noted that, consistent with
the rules of international law and the practice of the
Secretary-General, a Head of State or Government or a Foreign Minister
does not require Full Powers to execute a treaty action in person.
Furthermore, where general Full Powers have been issued to a designated
person and have been
deposited with the Secretariat in advance, specific Full Powers are not
required for that person.
However, where an action relating to a treaty deposited with the
Secretary-General is to be undertaken by a person other than the Head
of State or Government or the Foreign Minister, duly executed Full
Powers are necessary. Secretary-General’s requirements for a valid
instrument of Full Powers include:
• Title of the treaty must be identified;
• Full name and title of the person duly authorized to sign the treaty
concerned (in the case of signature) or the relevant instrument (in the
case of ratification, acceptance, approval or accession) must be
specified;
• Date and place of signature; and
• Signed by the Head of State, Head of Government or Minister for
Foreign Affairs.
Full Powers should be submitted for verification to the Treaty Section
well in advance of the intended date of the treaty action. Further
information on Full Powers can be obtained from the Treaty Handbook and
the Summary of Practice of the Secretary-General as Depositary of
Multilateral Treaties (ST/LEG/7/Rev.1). These documents are also
available on the “United Nations Treaty Collection on the Internet”
(UNTC) at http://untreaty.un.org.
Information on the status of treaties deposited with the
Secretary-General may be obtained from the Multilateral Treaties
Deposited with the Secretary-General: Status as at 31 December 2004
(ST/LEG/SER.E/23) or from the UNTC, which is updated daily.
The Secretary-General in his letter requested advice on the nature of
any assistance that may be required by a State in order to undertake
treaty actions or to give internal effect to the relevant treaty
obligations. In this
connection, I draw your attention to the web site containing
information on legal technical assistance available within the United
Nations system (see http://www.un.org/law/technical/technical.htm).
Also, during May 2005, the Treaty Section of the Office of Legal
Affairs will conduct a Workshop at Headquarters on treaty law and
practice customized to meet the needs of government officials in
relation to treaties against terrorism and organized crime. Advice
before 1 September 2005 on your Government’s intention to sign, ratify
or accede to any of the multilateral treaties deposited with the
Secretary-General would assist us in making the necessary arrangements,
including for appropriate media coverage. It is requested that
appointments be made by contacting the Treaty Section of the Office of
Legal Affairs at telephone: (212) 963-5047; fax: (212) 963-3693; or
e-mail: treaty@un.org.
Accept, Excellency, the assurances of my highest consideration.
Nicolas Michel
Under-Secretary-General