TNAG-2297-FCO40-3321-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 34

All Legal Advisers

GNT 374/10

RECEIVED IN REGISTRY

28 JAN 1985

DESK OFFICER

INDEX

PA

REGISTRY

Action Takep

н

い

Aleace

Ar 28/1

MKCOSI/A

plw GNT 37/4/18-524

Now see 3.

Darkn

if

28 May.

THE APPLICATION OF TREATIES TO UNITED KINGDOM DEPENDENT TERRITORIES: ARTICLE 29 OF THE VIENNA CONVENTION ON THE LAW OF TREATIES

1. We have recently been considering, in consultation with Nationality and Treaty Department, certain aspects of UK practice in relation to the application of treaties to UK Dependent Territories, having regard to the provisions of Article 29 of the Vienna Convention on the Law of Treaties.

2. The Vienna Convention was ratified by the UK on 25 June 1971 and entered into force on 27 January 1980. Article 29 provides:

"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".

3.

-

Although the Article was deliberately drafted in wide and non-controversial terms in an attempt to avoid the "colonialist" implications seen by some in expressions such as "dependent territories" - its effect is clear that, unless a different intention is established, a treaty will be binding upon a party in respect of its non-metropolitan as well as its metropolitan territory. In this respect, the Vienna Convention is also reflective of customary international law. In the case of the UK, this means that treaties will, in the absence of the establishment of a different intention, apply to UK Dependent Territories (an expression which in this context includes the Channel Islands, the Isle of Man, the colonies and the Sovereign Base Areas of Akrotiri and Dhekelia).

4. Given that the circumstances in which an exclusion of the general rule may be established are in no specific way limited, the view can justifiably be taken that this may arise:

(a)

(b)

from the express terms of a treaty;

by way of implication from the content or character of a treaty; or

(c) from any of the other matters relevant in international law,

including, in particular, statements made by a state when negotiating, signing or ratifying a treaty.

It may therefore be that the general rule is excluded in the case of a particular state by specific statements made by that state in respect of a particular dependent territory or in respect of a particular treaty, or even as a result of that state's practice with regard to the ratification of treaties generally.

5. There are, at the lowest, respectable grounds for arguing that in the case of the UK a "different intention" is established

/by

CONFIDENTIAL