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2 results

  • 11 - Territorial Application

  • Jeremy Hill, Formerly Legal Counsellor, Foreign, Commonwealth and Development Office, London
  • Book:
    Aust's Modern Treaty Law and Practice
    Published online:
    13 April 2023
    Print publication:
    06 April 2023, pp 207-221

  • Summary

    Does a treaty apply to all of a party’s territory? How is territory defined? In the absence of an express definition or other contrary intention, the territory comprises the metropolitan territory of a state and any other territory under its sovereignty. But practice varies. Many bilateral treaties have provisions expressly extending them to overseas territories or enabling such extension by notification or subsequent agreement. Multilateral treaties may also include an express territorial application clause. UK practice from 1967 has been to apply multilateral treaties only to its metropolitan territory unless it makes a specific declaration of extension to any of its overseas territories. On rare occasions, a state may conclude a treaty only so that it applies to a specific overseas territory. The issues posed for federations are discussed, together with certain methods by which the problems can be reduced: territorial clauses, federal clauses and federal reservations. The case of the Hong Kong and Macao Special Administrative Regions is also analysed.

  • OVERSEAS TERRITORIES IN THE WTO

  • Matthew Kennedy
  • Journal:
    International & Comparative Law Quarterly / Volume 65 / Issue 3 / July 2016
    Published online by Cambridge University Press:
    02 May 2016, pp. 741-761
    Print publication:
    July 2016

  • In the wake of the Faroe Islands fishing dispute, this article seeks to clarify the status of overseas territories in the World Trade Organization (WTO). The article considers the rule of public international law regarding the territorial application of treaties, the impact of territorial limitations in WTO goods and services schedules and the treaty actions of individual States responsible for the international relations of overseas territories. The article then explores the implications of WTO rights and obligations in respect of Members' overseas territories, including limitations on free riding and preferential treatment.