TNAG-2523-FCO40-3684-Application-of-political-and-diplomatic-multilateral-treatie-1992 — Page 29

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declaration

ICJ. that only

accepting the compulsory jurisdiction of the We believe, therefore, that we will have to accept valid PRC reservations will apply. Our line should be that, although, generally we are concerned in the TRO Sub-group with the continued application of all existing IROS (i.e. subject to UK reservations (if any)), we have to accept that, in certain limited cases, there is no practical way

in which a particular reservation can be applied to the Hong Kong SAR,

but not to the PRC as a whole.

4.

We

have

not discussed the question O £ reservations or declarations in the attached papers as, up until now, the Chinese side have chosen to set this question aside for discussion in the context of agreement on the practical mechanism that will be employed to

the continued effectiveness of multilateral IROS after 1997.

It may also be preferable, in these circumstances, LO make such a concession at a later stage rather than in the discussion papers themselves.

The

Charter

(15.7-15.8)

5. also

need

The

of

the United Nations and ICJ Statute

We have put these two together in one paper and included items 15.9-15.10 to emphasize the practical for continued application.

General Convention and the Convention on the Privileges and Immunities of the Specialized Agencies (15.9-15.10)

6.

Two points need to be noted here :

the

the Conventions.

(i) the PRC has purported to enter a reservation to General Convention regarding section 30, Article VIII

to the corresponding provision in the Specialized Agencies Convention which concerns the competence of the ICJ in disputes concerning the interpretation or application of The UK objected to these reservations on the grounds that parties do not have the right under the Conventions to enter such reservations. As we understand it, if thal assertion is correct, the reservations are invalid and,

therefore, ineffective. Care will, therefore, need to be taken to ensure that in providing for the continued application of these Conventions we do not in anyway seem to endorse the application of this reservation;

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