1967, has been (i) that dependent territories to whichthe Treaty is to apply are named specifically in the UK instrument of ratification and (ii) that a Treaty ratified solely in respect of 'the United Kingdom of Great Britain and Northern Ireland' is not treated as applying to dependent territories. The NMTs are circulated of course beforehand to enquire whether they wish to be bound by this Treaty. Those that answer in the negative are simply not included on the list, and then cannot be added later. No other State or organisation has objected to this practice.
5. The ILO falls within the first exception where the constituent instrument of the organisation, the Constitution, establishes a different intention from the general rule that a Member State is bound in respect of all its territory. For ease This of reference I attach a copy of Article 35 to this minute. clause is quite different from either the traditional territorial application clause described above or the modern system of not mentioning dependent territories.
6.
7.
The following features are worth noting:-
(a)
(b)
(c)
(d)
The basic principle is an undertaking by Members to apply Conventions they have ratified to NMTs (paragraph 1). There are two exceptions.
The first exception is where the subject matter of the Convention is within the sey- governing powers of the territory. Then the Member must bring the Convention to the attention of the territory's government with a view to the enactment of local legislation, again encouraging participation of the NMT. Thereafter the Member may declare acceptance of the Convention's obligations for that territory (paragraph 4).
The second exception is where the Convention is inapplicable owing to local conditions. In such a case modifications may be made as necessary to adapt the Convention.
Under paragraphs 3, 6 and 7 the Member State has the power, in the various different circumstances where it has accepted the obligations of a Convention on behalf of a NMT, to vary or terminate the acceptance of those obligations on behalf of that territory.
(e) By paragraph 8 the Member State is required
to report regularly on the position with regard to any territory which has not
accepted the obligations and explain why not.
This adds up to a set of provisions which, uniquely so far as
I am aware, encourage and facilitate the acceptance and performance of international obligations in relation to individual NMTs taking account of their separate identities.
18.