79. United Kingdom of Great Britain and Northern Ireland
STATEMENT PREPARED BY THE SECRETARIAT OF THE UNITED NATIONS 1
1. In the United Kingdom there is no single document which can be referred to as "the Constitution", and the rules concerning the conclusion and ratification of treaties are the result of custom and usage. As a matter of law, the treaty-making power rests with the Crown. This power, however, may, according to British constitutional practice, only be exercised by Her Majesty on the advice of Her Ministers. So it was that, in 1815, when the Holy Alliance, between the Crowned Heads of Russia, Austria-Hungary, and Prussia was formed, and these rulers invited the King of Great Britain to become a party, the Prince Regent replied declining the invitation on the ground that such action would infringe the Constitutional principle stated above.
2. Where a treaty is to be made in the form of an agreement between Heads of States the Full Powers and the instrument of ratification are signed by the Queen. In the case of inter-governmental agreements the Full Power and the instrument of ratification are usually signed by the Secretary of State for Foreign Affairs, or, it may be, in exceptional cases, by the Prime Minister. Whatever the form of the treaty, and whether the Queen's signature is or is not required for such formal documents, her role today in the matter of treaty-making is a formal one, the actual decisions concerning the negotiation and contents of treaties being taken by her Ministers. As a general rule the Foreign Secretary takes these decisions, after consultation, where appropriate, with any government departments that may be interested. In some cases, according to the nature and importance of the treaty, he may consult the Cabinet. 2
3. Each successive Secretary of State for Foreign Affairs and each Per- manent Under-Secretary of State for Foreign Affairs receives, on taking up his duties, a "General Full Power" which authorizes him to treat "with any other Powers or States". Where an ambassador or other diplomatic agent, or a person appointed ad hoc, is to be authorized to negotiate and conclude a particular treaty he receives a “Special Full Power” the authority being limited to that particular treaty. These documents are prepared by the Treaty Formalities Section of the Foreign Office.
4. The doctrine of ministerial responsibility is illustrated by the procedure followed in relation to these instruments. A Full Power requiring the Queen's signature is submitted to Her Majesty together with another document called the Warrant for affixing "the Great Seal". The Queen signs both these documents and returns them to the Foreign Secretary. The latter (or in his absence any other Secretary of State) countersigns the Warrant but not the Full Power. (The Great Seal of the Realm authen-
1 This memorandum was prepared by the Secretariat on the basis of published information. It was then submitted to the British Foreign Office, who, subject to certain amendments, approved it.
* The Cabinet is the Council of Ministers holding offices of the highest importance. This body has supreme direction of policy and takes decisions binding on all departments of Government.
3 The Secretary of State is the Minister; the Permanent Under-Secretary is the civil service official who is in charge of the Foreign Office.
ficates the run rower as an official document, and the Foreign Secretary, by countersigning the Warrant, assumes ministerial responsibility for the decision to enter upon negotiations.) The Warrant is transmitted, after counter signature by the Foreign Secretary, to another Minister of the Crown-the Lord Chancellor, who has custody of the Great Seal, and who, being so authorized by the Warrant, causes the Great Seal to be affixed to the Full Power. The same procedure is followed in the case of instruments of ratification.
5. The procedure described above is confined to treaties concluded in the form of agreements between Heads of States. does not apply to inter-governmental agreements, which do not require any intervention by Her Majesty or any use of the Great Seal. In the case of such agreements Full Powers are issued by the Foreign Secretary under his own signature and seal of office. Accessions to treaties are not signed by or in the name of Her Majesty, nor are they passed under, the Great Seal Accession is effected either by a formal instrument signed on behalf of the Government of the United Kingdom or by a written notification through the diplomatic channel.
6. As regards inter-departmental agreements (i.e., agreements concluded directly between the Government Departments of different States) these agreements are, generally speaking, arrangements which concern matters of private law rather than matters of an international legal character (e.g., arrangements for, or in connexion with, the purchase of goods, or for the sale on a commercial basis of materials or supplies) and are not such as would be normally registrable under Article 102 of the Charter of the United Nations. An example of such an agreement is the Agreement of 29 August 1949 between the United Kingdom Minister of Food and the Norwegian Director of Fisheries regarding the landings of fresh white fish in the United Kingdom from Norwegian fishing vessels. This Agreement was signed, on the one part, by an Assistant Secretary to the Ministry of Food on behalf of the Minister of Food and, on the other part, by the Norwegian Director of Fisheries.
7. Agreements of this kind are normally negotiated directly between representatives of the United Kingdom Government Department concerned and the corresponding representatives of the other Government Depart- ment. Although the Foreign Office is generally kept informed of negotiations concerning such agreements, formal Full Powers for their signature are not issued by the Secretary of State. There have been occasions when another Government Department has requested that one of H.M. Ambas- sadors should sign a particular agreement on behalf of the Minister of the Department concerned and authority for this course has been conveyed by official dispatch addressed to the Ambassador.
8. In its relations with other members of the British Commonwealth of Nations the Government of the United Kingdom follows the principles agreed upon at the Imperial Conference of 1930 which are as follows: (1) Any of Her Majesty's Governments conducting negotiations should inform the other Governments of Her Majesty in case they should be interested, and give them an opportunity of expressing their views, if they think that their interests may be affected.
(2) Any of Her Majesty's Governments should, if it desires to express any views, do so with reasonable promptitude.