THE PRACTICE OF THE SECRETARY GENERAL OF THE UNITED NATIONS AS DEPOSITARY OF MULTILATERAL TREATIES (S000177)

The combination between the need for states to become parties of treaties deposited with the Secretary General of United Nations to strengthen international law and community and the complexities of multilateral treaties have made him become the main depositary. In addition, his practice as depositary has progressively developed. This is because he is required to find satisfactory solutions for problem raised by states. Thus, it is very interested in looking the development of Secretary General's practice as depositary of multilateral treaties.

There are 3 aims of this thesis. The first is to explain the function of the depositary and the second is to explain the depositary performance conducting his duty relating to binding instrument. While, the third is to explain the depositary's practice in coping with a case, which is when a treaty is silent as to possible reservations or the treaty contains provisions as to reservations.

In order to obtain data for thisthesis, library research is conducted. This library research is conducted to obtain secondary data by using primary,secondary, tertiary sources. This will also depict the development of the Secretary's practice of as depositary of multilatera treaties including its legal history and synchronization.

The result of research shows that there is evolution concerning the specific methods and procedures according to which the Secretary-General, as depositary, would perform his functions. These functions are not specifically provided under article 77 of Vienna Convention and the treaty concerned. It also shows that the Secretary-General establishes strict rules regarding deposit of binding instrument.In addition, when a multilateral treaty does not contain any provisions relating to reservations, there are two alternatives ways can be applied which are rigid and flexible systems.

Given the extreme importance that those functions must be performed in a legally correct and consistent manner, it is recommended to establish comprehensive codification of the Secretary General function as the depositary. It can be done by compiling functions stated in the Vienna Convention and all his practices so farthat do not mention in the Convention before. The aim of this is to prevent matters that might lead to unnecessary complications resulting from possible difference and inconsistent the depositary's practice.