Dépositaire: une impartialité sous surveillance. L’exemple de la Suisse (Claude Schenker)

This contribution deals first with the functions of the depositary of a treaty, as provided for by international law and from a practical point of view. It scrutinizes the fundamental depositary’s duty to act impartially at all time, especially the strict distinction between the roles of a State acting as depositary and party to a treaty. The text’s subject is about sensitive issues, when the depositary is required to recognize or deny the ability to act in connection with a treaty. In particular, it covers the question of entities whose state quality is challenged and examines which procedure could resolve the issue with erga omnes validity. Examples from the practice of the Swiss depositary, more or less difficult cases or even anecdotes enrich the present work.