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date: 07 March 2021

Abstract and Keywords

This chapter reviews options for treaty-making at the UN from the point of view of negotiating parties. The focus is on the negotiation of treaties within the UN itself, with examples taken from a range of UN organs, rather than from codification conferences. A large number of treaties have been negotiated within or under the auspices of various UN organs, and a variety of processes and rules of procedure have been employed. The roles of the UN Secretariat and the UN International Law Commission (ILC) are highlighted. Each negotiation is different, and flexibility is of the essence. The importance of good preparation, choice of decision-making procedures, and the human element is emphasized. The UN remains at the heart of multilateral treaty-making, including as regards “law-making” treaties.

Keywords: “Law-making” treaties, preparation, decision-making, rules of procedure, human element, Secretariat, International Law Commission, ILC

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