TNAG-1117-FCO40-1391-Future-of-the-Dependent-Territories-1982 — Page 156

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TERMINOLOGY

the time of, or very soon after, its inception) countries which are not members; and, when set against the solid grounds for saying that dependent countries are parts of the Commonwealth, the declaration of 1949 can carry little, if any, weight.

"The Commonwealth of Nations"

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91

There is some room for theoretical argument about the answer if the question asked is whether dependent territories are covered by the title the Commonwealth of Nations (as distinct from "The Commonwealth" simpliciter). It might be urged that the emphasis should be placed on "Nations," so that this expression means a number of nations looked at individually and not merely or primarily as' a single unit; that only independent countries can properly be called nations ; and that dependent territories are therefore not included. The subsidiary question posed above might likewise admit of a different answer: are the dependent territories inside the Com- monwealth of Nations, or not? Could one say they are outside it? To do so, the popular analogy of the club could be invoked, the argument being that by joining a club the individual does not make his dependants members.

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To that argument, however, there are cogent answers.

$4

(1) No one suggests that dependent territories are Members of the Commonwealth of Nations "; but in Commonwealth affairs a Member answers for and represents its dependent territories and they therefore share, albeit vicariously, at least some of the advantages and obligations of the Member. Under the British Nationality Act, 1948, recognition as Commonwealth citizens of the citizens of other Commonwealth countries extends to the dependencies of those countries.

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(2) Likewise in the international field. Territories may be depen- dent either wholly or in part, but one common factor is that their external affairs are under the control of the Members of the Commonwealth upon whom they are dependent. They are, there- fore, not international persons. But they have their own status in international law. The Commonwealth has its own position in inter- national affairs 40 and, indeed, one of the principal objects--or at

"

the

38 The use of the word nation by a people in referring to themselves may be

sanctioned by custom and formally recognised for local purposes: e.g., Basuto Nation "; sce the Basutoland (Constitution) Order in Council 1959, the Basutoland ss. 71 (1) and 72 (2). The Order also contains many references to National Council." But this has no bearing on nationality in the international

sense.

39 (11 & 12 G. 6, c. 56), s. 32 (3).

多要

40 The British Empire was one of the Principal Allied and Associated Powers parties to the Treaty of Versailles and a party to the supplementary treaties signed on June 28, 1919. This expression also appeared in the list of original Members of

any rate one of distinguish the cou the Commonwealth ignored. True, it monwealth to whe relations. But the

to their dependent

to speak, is shared sphere the Comm it together with d (3) The "club interpreting "the abbreviated form Commonwealth ·

same meaning. tories, so too mu

(4) Analogy i tation, and in th above, it canno Commonwealth

club too far.

Comparison wi

This is a q

terial statemen

the introductic monwealth as

as 1926, ther made by Gen of course, no has always en

Conclusion

There apr

if required to struction, wh Commonwea each Membe

the League No. 4, No. (Poland). 41 e.g..

Th

s. 8 (1) of : expressions April 1949, 42 Cmd. 2769,