Reference.....
35K
/dependencies
Mr. Gilmour
ANGLO-INDIAN TRADE AGREEMENT 1939
1. This Agreement evidently now operates as a bilateral international agreement between the UK on the one part and India on the other.
2.
It seems to impose obligations upon the UK as regards things to be done not only in the UK but also in the Colonies, the Associated States, the BSIP, Brunei and in principle also the Persian Gulf States. Whether it has in practice been treated as applying in these various dependencies is a question of fact on which I have no information.
3. It might also operate as between India on the one part and any of the former dependencies of the UK that has become independent between its conclusion in 1939 and the present time, but once again I have no information as to whether in practice it is regarded as applicable by any of these independent countries. so far as it does so operate as a matter of law (as to which I express no opinion) its continued operation would not be affected by determination as between the UK and its present dependencies and India.
4.
The Commodities
in
Department will no doubt consider whether any form of consultation need take place between HMG and the Governments of the Colonies, Associated States, Brunei and the Gulf States before notice of termination is given. There appears to be no legal requirement for such consultation. However as regards, in particular the Associated States and the Gulf States, such consultation may well be a political necessity.
5. It seems desirable in principle that a notice of termination should indicate expressly that it is intended to be effective not only as respects the UK but as respects the other UK/dependies to which (after any necessary consultations) we regard it as applying.
14 May, 1971
A.RR.
AR RUSHFORD
Deputy Legal Adviser,
Main A, ext. 118