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In other words, Article 56 does not cover the question of the territorial extent of the Brussels Convention.
6. Article 60 of the Brussels Convention is the principal article dealing with its territorial extent. As amended, it provides that:-
"This Convention shall apply to the European territories of the Contracting States
•
Not withstanding the [foregoing] paragraph, this Convention shall not apply to:
(2) any European territory situated outside the United Kingdom for the international relations of which the United Kingdom is responsible, unless the United Kingdom makes a declaration to the contrary in respect of any such territories".
So far as I am aware, no such declaration has been made. Our instrument of ratification is silent on this point. The net position, therefore, is that the Brussels Convention does not purport to deal with the relations between any of the Contracting States and the UK's dependent territories. It would appear to have effect only between the metropolitan territories of the principal Contracting Parties.
7.
Object and purpose of the Brussels Convention
It is therefore not clear whether the Brussels Convention completely replaces the earlier bilateral Conventions, or whether the latter remain in place to the extent that they concern relations between the UK's dependent territories and the other States parties to these Conventions. In the circumstances, it would seem reasonable to have regard to Article 31 of the Vienna Convention on the Law of Treaties, which requires that a treaty is to be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. The object and purpose of Brussels Convention was to simplify the formalities governing the reciprocal recognition and enforcement of judgment of the Courts of the Parties to the Treaty establishing the European Economic Community. Its aim was to strengthen in the Community the legal protection of persons therein established. It was considered necessary for that purpose to determine the international jurisdiction of the Court of Community countries, and to facilitate recognition and enforcement of the judgments of these courts. On the basis of these objects (as stated in the preamble to the Brussels Convention), it would seem reasonable to conclude that the Contracting Parties to the Brussels Convention intended to deal only with reciprocal enforcement of judgments within Europe. (Article 60 bears this out.) It would also
/ be reasonable
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