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CONFIDENTIAL
2
Page No.
3
(a)
The
of
consequence
an of
unlawful
repudiation
Party would
to be
release
a treaty by one the other Party of
any obligation further
to
perform the treaty. It would also give rise
LO
of rights to a number of
for reparations etc.
the "innocent" Party
2.
situation
these
very
basic
Applying
in which China abrogated the JD
that the
UK
was 11
breach
with the democracy proposals)
(for
principles
on the groundi
10
example
proceeding
would entitle the UK to
as a
material
basis ror
OI in part.
as a matter
invoke that abrogation (which would itself be a breach by the PRC see para 1(c) above) terminating the JD or suspending it in whole
the same time the UK might be entitled, of international law, to reparations, although in practice
is difficult to see how exactly we such reparations (see para 3 below),
it
would obtain any
3.
What,
could the
apart
icom
terminating
or
UK actually do,
15
suspending
china sought
the JD, Lerminate or suspend the JD? We could not, unfortunately, cake China 50 the International Court of Justice in
Hague because
the UK) accepted the
She would therefore
case going there and
not she has
(unlike
Compulsory jurisdiction of the Court.
have
Co
consent ΤΟ the
I cannot
imagine
that
she would do
zhat.
Nor would
likely to
agree
che
TO да
The dispute.
UK
to
arbitration with
the PRO
the UK
be
would
be therefore
left
over
with
political
and
economic
remedies
raising the
matter
with the UN, 07, EC and other international organisations.
4.
questions
the
II the JD was terminated,
would, of
status/validity
arlse
• course,
of
agreements
a
not
host of
would least
Other
Je
already
reached
CONFIDENTIAL
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Page No. 4
the
JLG.
Some (e.g.
Agreements)
multilateral my
treaties)
would
certainly be lost. others (Air Service Agreements, IPFAS,
Extradition
could,
in
survive theory, would obviously be at serious risk in practical terms.
5.
Du
More generally, the PRC would remain obliged,
customary international
law
(codified
in the
UN
under Charter) to settle the dispute with the UK in a peaceful
manner.
course,
}
that might work
How
depend
on
a
host
Of
in out
factors,
most
detail would, of
of
them
political (as opposed to legal).
६.
Co
But
present
I would emphasise that the above is not intended
a comprehensive picture of
you
might
like
the law on Inis.
have some
sort
Of
I thought preliminary feel for what
what we've got here at this stage.
advice in
I remain ready, of course, to give detailed the unlikely event (as I hope) that it becomes necessary.
IL/POL/5/1
c.c.
SCA PA
UKRED JLG
Jami.
(DM Edwards)
Law Officer (International Law;
18 November 1992
25 August 1992
HKC 01213
DIEU FT
DROI
Miss Arabella Warburton
Private Scretary to
Lord Howe of Aberavon
House of Lords
London SW1
см
Foreign & Commonwealth
Office
London SWIA 2AH
Telephone: 071- 270 2650
7
Dear Miss Warburton,
Thank you for your letter of 19 August to Peter Ricketts who is currently on leave. I am approaching others in the office who might have been contacted by Mr Cottrell to find out if anything arose which might be of assistance to Lord Howe in preparing for his interview.
Would it give you sufficient time if Peter Ricketts were to send you a reply at the beginning of September? If not please
let me know.
Yours sincerely,
Nigel Coss.
N J Cox
Hong Kong Department
let.Warb.Nig
JEB