Had Shakespeare only taken a closer interest in treaty procedures, he would surely have had Polonius add: ‘nor a depositary’. This chapter will attempt to de-mystify the role of the depositary. Although not of much concern to others, and little appreciated, the exacting and onerous duties of a depositary are vital to the effective functioning of any multilateral treaty. Yet, not all states, or even some international organisations, which act as depositaries are fully aware of their responsibilities, or how they should be carried out. On the other hand, their work can be made more difficult by lack of knowledge of the proper procedures.

The term ‘depositary’ means a person to whom something is entrusted. Even when used in the context of a treaty it is sometimes wrongly spelt, depository, which means a storehouse, often for household furniture.

Bilateral treaties

A bilateral treaty is usually signed in duplicate, so that each of the contracting states keeps one signed original. In the most exceptional case of a bilateral treaty having only one original text, the contracting states would have to decide which of them should keep it. Alternatively, they could deposit it with a third state or an international organisation. The depositary would then provide both states with a copy certified to be true and accurate. Apart from that, there should be little more for the depositary to do.