ABSTRACT

This chapter aims to establish the significance which may be attached to the fact that an agreement between entities each of which is a subject of international law has been registered with the Secretariat of the United Nations in determining whether or not that agreement is a treaty. It suggests that the opinions which the actors which concluded an agreement may subsequently hold regarding the juridical nature of that agreement—and the attitudes which they may evince on that issue—are relevant to a determination of whether or not that agreement is a treaty. Alongside, but distinct from, registration, the General Assembly of the United Nations has instituted a system of "filing and recording" for at least certain of those treaties which fall outside the scope of Article 102 (1) of the Charter. A Specialized Agency has no duty to transmit to the Secretariat for filing and recording treaties to which it is party.