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THE PRESENT LEGAL POSITION 107
United Kingdom in certain administrative and technical fields under con­
stitutional law and practice.1
There appears to be no one rigid form for expressing the ‘colonial
clause’ in treaties.2
The United Kingdom has encouraged the practice of allowing some
of her overseas territories which are self-governing to become separate
parties to agreements ‘creating international organisations’.3 The
formalities of concluding such agreements are, of course, being exe­
cuted by the United Kingdom:1 On this principle, self-governing terri­
tories and other foreign overseas territories (i.e., protectorates and
protected States) arc, in some respects, allowed to acquire separate
memberships in International Organisations.5 The practice of allow­
ing such territories to join, as separate members, International Or­
ganisations is, in principle, based on the recognition that they possess
‘a measure of treaty-making power’ and a degree of international
personality.6 It may be desirable to mention some instances where an
originally non-self-governing territory is granted by the Crown a self-
government and certain aspects of international personality, including
the right to enter into treaties, or certain categories of treaties, with
foreign States. More recent examples of this practice are (i) The
Federation of Rhodesia and Nyasaland; (ii) The State of Singapore.
In the case of (i), a joint announcement in London in April 1957 be­
tween the Government of the Federation of Rhodesia and Nyasaland
and the Government of the United Kingdom stated that
the Federal Constitution provides that matters of External affairs may, from
time to time, be entrusted to the Federation.7
As regards (ii), the Constitution of the State of Singapore (formerly
Singapore colony) entrusts to the State the conduct of certain classes
of foreign relations, including entering into some treaties, as follows:
Section 73 (1) & (2) states that:
(1) The Government of Singapore, acting with the assent of the United
Kingdom, shall be responsible for the conduct of matters concerning the
trade and cultural relations of Singapore with other Countries.8
1 Fawcett, op. cit., p. 106.
3 For illustrations, see U.N.L.S., op. cit., p. 124.
3 Fawcett, op. cit., p. 101.
4 Sec Oppcnhcim, p. 882; Fawcett, op. cit., p. 102.
6 Ibid. 6 Oppcnheim, p. 884.
7 House of Commons Debates, vol. 569, col. 537, 2 May 1957; See also Lauter-
pacht, E., ‘Contemporary Practice of the United Kingdom in the Field of Inter­
national Law, Part IV’, I.C.L.Q., 6 (1957), p. 506.
8 See The State of Singapore Act, 1958, 6 & 7 Eliz., 2.C.59; The Singapore
(Constitution) Order in Council, 1958, S.1.1958, No. 1956. Sec also Lauterpacht, E.,
‘Contemporary Practice of the United Kingdom in the Field of International Law,
Part Vir, I.C.L.Q., 8 (1959), p. 146.