CONFIDENTIAL
167451 MDHOAN 0405
5.
AS REGARDS ARTICLE 4 OF THAT COVENANT, HOWEVER, WE THINK THAT THERE ARE SUBSTANTIAL REASONS FOR NOT ATTEMPTING TO MAKE THIS AN ELEMENT IN THE CENSORS' CONSIDERATION. ARTICLE 4 PERMITS THE EXECUTIVE TO DEROGATE FROM THE OBLIGATIONS UNDER THE CONVENTION. WHETHER THE EXECUTIVE IS JUSTIFIED IN DEROGATING MAY BE A SUITABLE ISSUE TO BE DETERMINED BY AN INTERNATIONAL TRIBUNAL CHARGED WITH THE FUNCTION OF DETERMINING COMPLIANCE WITH THE COVENANT. THAT IS NOT THE SAME AS TO SUGGEST THAT SUCH AN ISSUE IS APPROPRIATE FOR DETERMINATION BY A DOMESTIC TRIBUNAL, SINCE THAT COULD CLEARLY PROVOKE A CONFLICT BETWEEN THE LEGISLATURE AND THE COURTS.
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MR FIFOOT, LEGAL ADVISERS
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CONFIDENTIAL