TNAG-0616-FCO40-764-Policy-of-UK-on-status-of-Hong-Kong-1977 — Page 241

B.

2.

OTHER TERRITORIAL REGIMES, Article 12 of the draft ILC Articles provides:

111.

A succession of States does not as such affect:

a. obligations relating to the use of any territory, or to restrictions upon its use, established by a treaty for the benefit of any territory of a

foreign State and considered as attaching to the territories in question;

b. rights established by a treaty for the benefit of any territory and

relating to the use, or to restrictions upon the use, of any territory of foreign State and considered as attaching to the territories in question.

A succession of States does not as such affect:

a. obligations relating to the use of any territory, or to restrictions upon

its use, established by a treaty for the benefit of a group of States or of all States and considered as attaching to that territory;

b. rights established by a treaty for the benefit of a group ofk States or of all States and relating to the use of any territory, or to restrictions upon its use, and considered as attaching to that territory. "

Paragraph 1 of this Article covers such matters as rights of passage and navigation rights granted for the benefit of a foreign State; paragraph 2 covers treaties which "internationalise" parts of territory, a river, a canal etc. The Article does not apply to treaties establishing military bases, which are subject to the same rules of succession as other treaties.

Again I should be grateful for background notes on territorial regimes of this kind, which were established by a treaty concluded by a predecessor State and which are the subject of current disputes, or disputes which are not being actively pursued, bặt in relation to which the legal position has never been agreed. Examples of treaties

in the Article 12 category are the Belbases Agreements and the Nile Waters Agreement.

3.

These background notes should please be with me in draft by close of play on Friday, 11 March.

3

17 February 1977.

c.c.

Miss Wilmshurst, Legal Advisers Miss Whitehead, Research Department

NJ G Bowie

United Nations Department