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Depositaries Of Treaties

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Chapter Summary

A depositary is considered a "trustee" and "instrument" of the parties to the treaty. Article 76 also covers the case where States designate a depositary in respect of bilateral treaties of informal agreements, for example, an exchange of notes between two or more States, or of multilateral treaties with a limited number of parties. States are free to designate the depositary of a treaty either in the treaty itself (which is the rule) or in some other manner. Article 76 lists various traditional examples as to the choice of the depositary, in particular one or more States, an international organisation or the chief administrative officer of the organization. Article 76 does not regulate the international responsibility of a depositary. The article gives the depositary a legal status and reflects its important position in the successful operation of a modern multilateral treaty.

Keywords: Article 76; depositaries of treaties; States

10.1163/ej.9789004168046.i-1058.459
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