(c) In multilateral treaties where there is no territorial extension clause (eg UN treaties) UK practice is to append to our ratification a list of those territories to which it will apply as well as to the UK itself. The rule in Article 29 of the Vienna Convention on the law of treaties is that "unless a different intention appears from the treaty, or is otherwise established, a treaty is binding upon each party in respect of its entire territory" ie including any dependent territories. The lists we append to our ratification "otherwise establish" that some territories are left off. This practice has never given rise to objection. What the EFTA countries are asking for is something a good deal more restrictive upon us than the usual UN situation, which is highly unreasonable.
(a) the problem the EFTA countries profess to see is that they will find themselves bound to give effect to judgments of strange little places with dubious judicial standards, and that they will not know in advance which those places will be.
We can answer that in two parts, first by giving a list in advance of the territories to which we would expect to extend the Convention, and second by giving details of the administration of justice in the dependent territories and the supervision exercised by the UK itself.
3. In fulfillment of the first suggestion in (d) above, the list of territories which have expressed an interest in principle in having the Convention extended to them is Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Gibraltar, Hong Kong, Montserrat and Turks and Caicos Islands. The relevant Departments here have no objection to you giving this list to the Working Group on an indic- ative basis without, of course, committing ourselves.
4. On the second suggestion in (d), I am afraid we do not have ready to hand the kind of material on the administration of justice in the territories concerned which you have asked for. We will have to prepare it specifically for future meetings. But you can say in general terms that the constitutions of each territory make provision for a system of courts presided over by independent and properly qualified judges, and that a high importance is attached both by the local government and the UK to the proper administration of justice. It would be worth also making the point that it is surely in the interests of the EFTA countries that judgments of their own courts can be enforced in what have become, in at least some instances, major commercial centres, like Hong Kong and Bermuda.
CC:
I Mathers Esq, DTI
G Evans Esq, ECD (E), FCO C Leeks Esq, HKD, FCO E
K Chamberlain Esq, UKREP
Miss H Arthur, WIAD, FCO
yours ever,
Martin
MR Eaton
Legal Advisers
C Robertson Esq, Scottish Courts Administration
F Edgar Esq, Northern Ireland Court Service
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