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XVI

United Nations—Treaty Series

1946–1947

(c) Treaties or international agreements transmitted by a party not a Member of the United Nations which were entered into before or after the coming into force of the Charter which were not included in the treaty series of the League of Nations, provided: however, that this paragraph shall be applied with full regard to the provisions of the Resolution of the General Assembly of 10 February 1946 set forth in the Annex to these Regulations.

Article 12 of the Regulations further provides for the publication, in a single series, of treaties or international agreements registered under Article 102 of the Charter as well as of those filed and recorded. The present volume, which is divided into two parts and three annexes, marks the beginning of the publication of the United Nations treaty series.

Part I is devoted to treaties or international agreements concluded by one or more Members of the United Nations after 24 October 1945, the date of the entry into force of the Charter, and registered either on the initiative of one party, or ex officio by the Secretariat, under the provisions of Article 4 of the Regulations.

The exact meaning of the term “treaties and international agreements” has been the subject of discussion. In this connection, the Secretariat thought it necessary to conform to the interpretation of the term “agreement” given in the report of Committee IV/2 of the San Francisco Conference which includes “unilateral engagements of an international character which have been accepted.”^[1]

The Secretariat considered that in this category were included both declarations of acceptance of the optional Clause of the Compulsory Jurisdiction of the International Court of Justice, made by States under Article 36, paragraph 2, of the Statute of the Court, and also instruments of adherence to the United Nations submitted by new Members, which involve their acceptance of the obligations of the Charter.

Part II of the volumes in the United Nations treaty series is devoted to the publication of treaties which are not subject to registration and which are filed and recorded under Article 10 of the Regulations.

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↑ The Committee has proposed the adoption of the term “agreement” in preference to the term “engagement” which may fall outside the strict meaning of the word “agreement.” The word “agreement” must be understood as including unilateral engagements of an international character which have been accepted by the State in whose favour such an engagement has been entered into. (U. N. C. I. O., Report of Committee IV 2, document 933, page 705).

The League of Nations registered declarations of acceptance of the optional Clause of the Compulsory jurisdiction of the Permanent International Court of justice.

[1] The Committee has proposed the adoption of the term “agreement” in preference to the term “engagement” which may fall outside the strict meaning of the word “agreement.” The word “agreement” must be understood as including unilateral engagements of an international character which have been accepted by the State in whose favour such an engagement has been entered into. (U. N. C. I. O., Report of Committee IV 2, document 933, page 705).

The League of Nations registered declarations of acceptance of the optional Clause of the Compulsory jurisdiction of the Permanent International Court of justice.

[1]