CONFIDENTIAL
8. With regard to the GATT the two words which require
examination are "autonomy" and "establishing". "Autonomy'
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is not a precise word but, however loosely it may be used,
it carries the concept of a measure of self-government
or freedom of action. "Full autonomy" could imply full
legal or constitutional power; but it could also mean
"practically unrestricted" within the relevant field. The
Article appears to have been used in the past in respect of
newly independent territories (a territory which "acquires
full autonomy" is sponsored by the responsible contracting
party) but it also seems capable of applying to a non-
independent territory (a territory which "possesses full autonomy" sponsored by the responsible contracting party")
and preliminary soundings of the GATT Secretariat would
indicate that they at any rate believe it is available for
territories which are not independent. That consideration,
however, does not dispose of the issue.
ther
It leaves
open for question whether in judging "full autonomy" for the
purposes of the Article, it is necessary to have regard to th
constitutional relationship.
9. The word "establishing" is perhaps more helpful.
ambiguous:
"evidencing".
it may mean either "determining" or
effect of both.
Indeed it may have the
If the responsible authority of the
It is
sponsoring contracting party asserts that the particular
territory is autonomous in a particular respect it may both
be evidence of that fact and, if accepted by the relevant
organs or authorities of the GATT, determine it.
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CONFIDENTIAL
On this
/assumption