CODE 18-77
CONFIDENTIAL
Reference
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З
HKC181/12
#RCEIVED
30 APR 1990
¡Y
From: Jill Barrett
Legal Advisers
Fel out
Date:
23 April 1990
да висоли.
2614.
DESK OFFICE
INLES
Ms Major,
PA IKD
ISTRY Action Taken
INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT (IASTA) AND SUCCESSION OF STATES IN RESPECT OF TREATIES: HONG KONG TELNO 4238
1.
The answer to the question in paragraph 1 of TUR is that, according to the latest information available in the library of the UN in New York, eight States have now ratified or acceded to the Vienna Convention on Succession of States in respect of Treaties (Dominica acceded on 24.6.88). The Convention is therefore not yet in force, and is unlikely to be in the near future.
2. With regard to the defensive line proposed in paragraph 3 of TUR, to be used if the Chinese raise compatibility with the Convention, obviously the first two points (that neither the UK nor the PRC are signatories) are correct and should dispose of the matter. The third argument relating to Article 15 seems correct to me, but of marginal relevance. It would indeed be nonsensical for Article 15 to apply to the JD and the proposed devolution agreement, but that has no bearing on the main issue, namely, its application to treaty relations with third States. therefore suggest the deletion of HK's third point altogether.
I suggest that the defensive points instead continue as follows:··
3.
(A) 4 (3)
a
b (4)
C (5)
(6)
I
The Convention is not yet in force (for any States) and is unlikely to be in the near future.
The Convention does not represent customary international law; there are in fact no clear rules of customary international law in this area.
Even if any relevant part of the Convention did represent customary international law, States remain
free to vary their obligations by agreement. (A)
As for Articles 8 and 9, I agree with the argument suggested in paragraph 4 of TUR.
GENAAS
CONFIDENTIAL
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