COLONIAL
OFFICE
FROM THE SECRETARY OF STATE FOR THE COLONIES
C.O. Ref: IRD 205/140/01/20
CIRCULAR 1035/56:
SAVINGRAM
28th September, 1956.
INTERNATIONAL AGREEMENTS ENTERED INTO BY NON-
SELF-GOVERNING TERRITORIES
Mr. James Griffiths' circular despatch No. 25118/50 of 2nd May, 1950 and paragraph 6..of my circular saving No. 586/56 of 31st May, 1956.
Several recent cases have given rise to further examina- tion of paragraph 4 of my predecessor's circular despatch, and this has led to the conclusion that to regard the Governments of colonial territories as having an implied general authority to con- clude international agreements is not consistent with the general ̧, position that Her Majesty's Government are responsible for the international relations of the colonial territories. In order to establish the contractual capacity of the Government or an admini- strative department of a particular colonial territory to conclude a particular international agreement with a foreign Government or administrative department, registrable under Article 102 of the United Nations Charter, it is essential, therefore, that the agree- ment should contain, in the preamble, a statement to the effect that the colonial Government or administrative department con- cerned is acting with the authority and consent of Her Majesty's Government in the United Kingdom.
2. The definition set out in paragraphs 5 and 6 of my prede- cessor's despatch of the forms of international agreements which do or do not qualify for registration still applies, but a formal agreement which satisfies the substantive requirements of an international agreement should be registered irrespective of whether the parties are Governments or administrative departments. If for example, the form of parcel post agreement suggested in paragraph 4 (a) of my circular saving 586/56 is adopted for Parcel Post Agreements between Colonies etc. and the self-governing members of the Commonwealth, these agreements will fall to be registered with' ́ the United Nations.
/3.
(27)