Notes for guidance

COMPLIATION OF MULTILATERAL TREATIES APPLYING TO THE UK OVERSEAS TERRITORIES

1. Purpose
The purpose of this compliation is to meet the request from the United Kingdom Overseas Territories (UKOTs) for a list of treaties applying to those territories. The current compliation covers all multilaterals except those covered under the auspices of regional organizations such as Caricom for which records are not kept in the FCO. It does not cover bilateral treaties.

 

2. Presentation of Data
The information on each multilateral treaty is presented in reverse chronological order and on a common template.  The template contains provision for data to be inserted on each treaty concerning: Title, Date, Place of Signature, Current Depositary, the UK's position, the Date of Application to the UK, Territorial Provision, Extension to the OTs, Method and Date of Extension; and Notes. The Notes are intended to provide assistance by citing, for example, linkage with other agreements. ILO Conventions are listed separately in reverse chronological order.

 

You should be aware that when browsing via the "by date" criterion, a blank entry in the "method of extension" box indicates there has been no extension.

3. Initial Cut-Off Point
The information in the first edition covered the period up to 31 December 1999, but it is revised as and when relevant information is received by the FCO Treaty Section.

 

4. How the Compliation was produced
The date was derived from the following sources:

 

a) Parry's An Index of British Treaties 1101 -1968 (3 volumes);

b) Harris and Shepherd's An Index of British Treaties, Volume 4 - this covers the period 1969 -1988 and contains informatin updating the entries in volumes 2 and 3 of the Index;

c) Bowman and Harris, Multilateral Treaties - Index and Current Status (1984), covering selected Treaties from 1856 - June 1983;

d) Bowman and Harris, Multilateral Treaties - Index and Current Status, Eleventh Cumulative Supplement (1995) covering the period 1984 - 1994 and updating the entries for the treaties covered in the principal volume;

e) Computer records provided by the Treaty Section of the FCO. The records related to searches on: "Anguilla", "St.Kitts including Anguilla in some cases", "St.Christopher-Nevis including St.Christopher-Nevis-Anguilla", "Bermuda", "British Antarctic Territory", "British Indian Ocean Territory", "British Virgin Islands", "Cayman Islands", "Falkland Islands including Dependencies", "South Georgia including South Sandwich Island", "Gibraltar", "Jamaica", "Leeward Islands", "Monserrat", "Pitcairn including Pitcairn Group", "St. Helena including Dependencies", "Ascension", "Tristan" and "West Indies";

f) The information held on computer in the FCO Treaty Section;

g) The Treaty Registers of the FCO.

5. Method and Date of Extension
Treaties which are extended to UKOTs at the time of application to the UK are described as extended "By Ratification", "By Approval" or "by Accession" as appropriate. Treaties which were extended to the UKOTs at a subsequent time are described as applying "By Extension". The accompanying date is normally that of extension. The relevant provisons of the particular treaty determine the date on which extension becomes effective. It may be the same date as extension or up to a year later. It may be an even longer period if the extension takes place before the treaty itself has come into force. In cases of inconsistency between dates in the different sources, the date on the FCO computer has been used.

in a number of cases treaties which have been extended to particular UKOTs have been denounced. Some such treaties have been included in this compliation with reference to any replacement conventions being indicated in the accompanying notes. Again, the date of denunciation is given. The effective date of the denunciation may, in accordance with the relevant treaty, be a later date.

6. International Labour Organization (ILO) Conventions
The majority of ILO Conventions contain no provision concerning declarations or application to non-metropolitan territories; such declarations are governed by the provisions of Article 35 of the ILO Constitution. ILO Conventions are extended or declared applicable to OTs, or specifically declared inapplicable, or where the subject matter of the Convention is within the self governing powers of the OT, the decision on application of the Convention may be reserved to that Territory. Some Conventions are shown aas being extended with modifications ("with mods").

 

7. The Treatment of United Kingdom Overseas Territories for the purposes of this compliation

 

7.1 British Indian Ocean Territory (BIOT) and the Sovereign Base Areas (SBAs)
For the purpose of this compliation, references to BIOT and the SBAs are omitted except where treaties are expressly extended to them. Thus, they are not included in the list of extensions to the treaties which applied, for example, to all parts of the British Empire.

 

7.2 The Falklands Islands and Dependencies
In 1908, the Falkands Islands dependencies were defined in Letters Patent as including South Georgia and the South Sandwich Islands and the islands and mainland which became the British Antarctic Territory. From that date, it was United Kingdom practice to distinguish between the application of treaties to the "Falkland Islands" and to the "Falklands Islands and Dependencies". Therefore, from 1908 onwards, where there is a reference to the "Falkland Islands" alone, it is assumed that the treaty does not apply to the Falklands Islands Dependencies.

 

7.3 British Antarctic Territory (BAT)

The treatment of BAT is indistinguishable from the treatment of South Georgia and the South Georgia Islands. BAT was created in 1962 as a separate dependent territory and South Georgia and the South Georgia Islands became a separate dependent territory in 1985. BAT is therefore included in the list alongside South Georgia and the South Sandwich Islands for the period 1908-1962. After 1962 BAT is only included in the list when there was a separate extension to it.

 

7.4 Pitcairn or the Pitcairn Group
The position of Pitcairn or the Pitcairn Group seems to be that it was always a separate territory but administered from 1898-1952 by the High Commissioner for the Western Pacific and from 1952-1970 by the Governor of Fiji (who was also Governor of Pitcairn). The practice with respect to other territories administered by the High Commissioner for the Western Pacific such as the Solomon Islands was to extend treaties to them individually and it seems that very few or none were extended to Pitcairn. In 1952, Pitcarin was not integrated into Fiji nor did it become a dependency of Fiji. Therefore, for the purpose of the compliation, it is assumed that treaties extended to "Fiji" did not extend to "Pitcairn", unless expressly stipulated e.g the International Telecommunications Convention of 21.12.1959 was extended to 9.12.1961 to "Fiji (including Pitcairn)". The entries in this compliation reflect whether the extension was to "Pitcairn" or "Pitcairn, Henderson, Ducie and Oeno Islands".

 

7.5 St Helena and Dependencies
St Helena had no dependencies until 1922 (Ascension). The other dependencies (Tristan Da Cunha, Nightingale, Gough and Inaccessible Island) were added in 1938. Some treaties extended after 1922 specify "St Helena and Ascension", others "St Helena" and others "St Helena and Dependencies". For the purposes of this compliation, it is assumed that where a treaty applied to "St Helena" it does not include the St Helena Dependencies. The entries in this compliation reflect whether the extension was to "St Helena", "St Helena and Dependencies", "St Helena and Ascension", or "St Helena including Ascension and Tristan Da Cunha".

 

7.6 The Turks and Caicos Islands and the Cayman Islands
The Turks and Caiocs Islands were annexed to and became part of Jamaica in 1873 and the Cayman Islands were treated as part of Jamaica from 1863. This remained the position until the Cayman Islands and Turks and Caicos Islands Act 1958. For the purpose of this compliation it is assumed that, unless there is an express contrary intention, a treaty extended to "Jamaica" during the periods indicated above also applies to the Cayman Islands and the Turks and Caicos Islands.

 

7.7 Anguilla, Monserrat and the British Virgin Islands
Anguilla (as part of St Christopher/St Kitts-Nevis), the British Virgin Islands and Monserrat were part of the Leeward Islands Federation constituted by the Leeward Islands Act 1871, until 1956. For the purpose of this compliation, it is assumed that a treaty extended to the Leeward Islands during the relevant period applied to Anguilla, the British Virgin Islands and Monserrat. In 1957, the West Indies Federation came into being and included the Cayman Islands and the Turks and Caicos Islands (with Jamaica), Anguilla and Monserrat. The British Virgin Islands did not join. The Federation was dissolved in 1962. A small number of treaties was extended in this period to "The West Indies" and are assumed to apply to the territories which belonged to the West Indies Federation.

 

7.8 Bermuda
The position of Bermuda is straightforward.

 

7.9 Gibraltar
The position of Gibraltar is straightforward.

 

8. Updating and Disclaimer
Updating information will be reflected on the FCO website as appropriate.

 

The information contained in these listings is provided for guidance only. The FCO will not be responsible for any accidental errors or omissions contained therein. In cases of doubt, reference should be made to the appropriate depositary for each multilateral treaty in order to confirm the information provided.

 

The FCO Treaty Section will act to the best of its ability to amend any data which is proved to be incorrect as soon as possible.

 

For further details, please contact our Treaty Enquiry Service on: Tel: 0207 008 1109; Fax 0207 008 115, email: treaty.fco@gtnet.gov.uk.