by our practice as regards the ratification of treaties since 1967. The essential features of this practice are as follows:
6.
(-a) the United Kingdom no longer presses for the inclusion of express provisions on territorial application in treaties under negotiation in a forum which is likely to be hostile eg the United Nations, although such provisions are still included with our support in treaties concluded in other bodies (for example, the Council of Europe);
.(b) where there is no express provision regarding
territorial application, our practice is to name expressly in the UK instrument of ratification the Dependent Territories to which the treaty is to apply;
(c) while initially in 1967 our instruments of ratification referred generally to "Territories under the territorial sovereignty of the United Kingdom", the practice developed of naming individual Dependent Territories in the instrument of ratification in cases where some but not all of them wished to be included (and occasionally of sending later notification to the depositary when a Dependent Territory not named at the time of ratification wished eventually to participate in the treaty);
(d) where a treaty is ratified solely in the name of "the United Kingdom of Great Britain and Northern Ireland", it has been the practice to regard that treaty as not applying to Dependent Territories, in the absence of any contrary indication.
In the case of the Channel Islands and the Isle of Man, practice had already been made the subject of a declaration notified to all other governments and to international organisations. in conformity with a Circular Despatch of 16 October 1950 (see DSP Vol 66, Annex 3). Renewed consideration has recently been given to whether, in order to place the position of the UK on a stronger and more definitive basis, a similar declaration should be made with regard to UK treaty practice in relation to Dependent Territories more generally. It has however been decided that it is preferable not to make such a declaration at this stage. If it were to be made, and then challenged, the UK would be in a weaker position than if the declaration had not been made at all. If however it is not made, we can rely on a practice which has been maintained quite consistently for 17 years and which has never been the subject of a challenge.
7. To ensure that the present practice is maintained with consistency in future, however, it has been agreed that a system should come into operation, in the first instance for a trial period of six months, whereby NTD's legal adviser will have a coordinating role over the application of treaties to Dependent Territories. In particular:
(a) when a treaty is signed and published, NTD will remind the lead department of the question of territorial application, and of the need to consult Dependent Territories. The lead department will consult their legal adviser in the usual way;
CONFIDENTIAL
/ (b)