An “exchange of notes” is the recording of a routine contract that had many similarities to the private law contract. The agreement consists of the exchange of two documents, each of the parties being in possession of the document signed by the representative of the other. According to the usual procedure, the State that bought the text of the offering State to register its responsibility. Signatories to the letters may be government ministers, diplomats or heads of departments. The note exchange technique is often used in a handful of thoughts, either because of its quick procedure or sometimes to avoid the legislative approval process. Article 102 of the Charter of the United Nations provides that “any treaty or international instrument concluded by a Member of the United Nations after the entry into force of the present Charter shall be registered with and published by the Secretariat as soon as possible”. Treaties or arrangements that are not registered may not be invoked before any organ of the United Nations. Registration promotes transparency and public accessibility of contractual texts. Article 102 of the Charter and its predecessor, Article 18 of the Covenant of the League of Nations, have their origin in one of Woodrow Wilson`s fourteen points, in which he outlined his idea of the League of Nations: “Open open peace alliances, according to which there would be no private international agreements of any kind, but diplomacy will always take place openly and in public.” Provisional application of a treaty that has entered into force may take place when a State undertakes to implement provisionally the obligations of the treaty, while its national ratification/accession procedures have not yet been completed. The State`s intention would be to ratify or maintain the treaty once its national legal requirements have been met. Provisional application may be stopped at any time.
On the other hand, a State which has agreed to be bound by a treaty by ratification/accession or by final signature is subject to the rules of withdrawal provided for in the treaty in question (art. 54, 56, Vienna Convention on the Law of Treaties of 1969). The term “modification” refers to the formal modification of the contractual provisions that concern all parties to the agreement concerned. These amendments must be made with the same formalities as those made when the contract was initially constituted. Many multilateral treaties set out specific requirements for the adoption of amendments. In the absence of such provisions, the amendments must be agreed to by all parties. After the conclusion of a contract, written documents containing formal proof of consent to the undertaking as well as reservations and declarations shall be placed in the custody of a depositary. Except as otherwise provided in the Treaty, the deposit of instruments of ratification, acceptance, approval or accession shall justify the consent of a State to be bound by the Treaty. For contracts concluded with a small number of parties, the depositary is usually the Government of the State in whose territory the contract was signed. Sometimes different States are chosen as custodians. Multilateral treaties generally designate an international organization or the Secretary-General of the United Nations as depositaries.
The depositary must accept all notifications and documents relating to the treaty, verify that all formal requirements are met, file them, register the contract and notify the parties concerned of all relevant acts. . . .