A Study Of The Treaty Registration System

Since the period of the League of Nations,the international community began to have the rule for treaties registration and publication,which aims to abolish the practice of secret treaties and ensure the openness of treaties.On January 14,2019,the General Assembly of the United Nations adopted a draft resolution entitled strengthening and promoting the framework of international treaties,recalling Article 102 of the Charter of the United Nations,reiterating the importance of registering and publishing treaties,and stressing that the rules for the implementation of Article 102 should continue to be updated to assist States in fulfilling their obligations under the rules.This resolution reflects that the registration system of treaties plays an important role in promoting the development of modern international law.As a member of the United Nations and a party to the Vienna Convention on the Law of Treaties,China has also signed many treaties,but being lack of relevant theoretical research.Therefore,it is necessary to study the treaty registration system.Starting from the origin of the treaty registration system,this Dissertation combs the emergence of the treaty registration system in the period of the League of nations and the development of the system in the period of the United Nations.Through legislation and practice,it summarizes the characteristics and problems of the system in various periods and discusses the development of the system through comparison.Then,based on the practice of the system,this paper analyzes the problems in the practice of treaty registration in China and puts forward some suggestions.This paper holds that,in the development of the system,Article 102 cancels the non-binding provisions of unregistered treaties in the League of nations,adding the requirements of "entry into force" and "contracting parties having the legal capacity to conclude treaties",which is consistent with the development of modern treaty law theory.In practice,the purpose of the treaty registration system has been expanded.On the basis of absorbing the purpose of eliminating secret treaties,the treaty registration system in the period of the United Nations further developed the United Nations treaty convention,which helped to promote the dissemination of international law of treaties.Therefore,the implementation difficulties of the Secretariat also changed to how to realize the "as soon as possible" registration and publication of treaties.In the application of the provisions,the controversial point of the relevant cases of the International Court of justice has shifted from whether the provisions are applicable to non-member states to whether the court can invoke unregistered treaties.However,China's registration practice has some problems left over from the inconsistency of registration and contracting subjects,which should be amended through subsequent actions.Moreover,the official data of the United Nations show that the practice of China's treaty registration is too few.The government should pay attention to the benefits of treaty registration and register its own treaties more actively.