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29 Brit. Y.B. Int'l L. 186 (1952)
Validity of Non-Resigered Treaties

handle is hein.journals/byrint29 and id is 192 raw text is: THE VALIDITY OF NON-REGISTERED TREATIES By MICHAEL BRANDON Of the Inner Temple, Barrister-at-Law; Legal Department, United Nations Secretariat' THE principle of registration of treatiesz accepted in Article 18 of the Covenant of the League of Nations has been carried forward by Article 102 of the Charter of the United Nations which reads as follows: 'i. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it. '2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph i of this Article may invoke that treaty or agreement before any organ of the United Nations.' Little attention has been paid to the sanction provided in paragraph 2 of this Article concerning the non-registration of treaties which come within the scope of paragraph i, and it is proposed therefore to inquire here into the effect of that sanction upon the validity under international law of treaties which have not been registered. In order to determine what experience can be gained from the precedent afforded in Article i8 of the Covenant,' it is convenient to refer to the corresponding sanction contained in that Article, which reads as follows: 'Every Treaty or International Engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such Treaty or International Engagement shall be binding until so registered.' I. The sanction contained in Article 18 of the Covenant During the existence of the League of Nations a considerable literature was devoted to the task of analysing and elucidating the phrase 'no such Treaty or International Engagement shall be binding until so registered'.4 ' The views expressed in this article are the personal views of the author. 2 The term 'treaty' has been used throughout this study to include every type of treaty, inter- national agreement, engagement or instrument, written or otherwise, whatever its form and descriptive name. I Reference will not be made, however, to the system of registration of treaties adopted by the Organization of American States, on which see Hudson in American Journal of International Law, 38 (1944), pp. 98-99. 4 See Lambiris, 'L'enregistrement des traitds d'apr~s Particle x8 du Pacte de la Socidt6 des Nations', in Revue de droit international et de ldgislation comparde, 7 (3rd ser., !9z6), pp. 697-709, at p. 705.

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