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Second and Third Studies Prepared by the Secretariat Document:- A/CN.4/243 and Add.1 Succession of States in respect of bilateral treaties - second and third studies prepared by the Secretariat Topic: Succession of States with respect to treaties Extract from the Yearbook of the International Law Commission:- 1971, vol. II(2) Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations SUCCESSION OF STATES: (a) Succession in respect of treaties [Agenda item 2(a)] DOCUMENT A/CN.4/243 AND ADD.l * Succession of States in respect of bilateral treaties: second and third studies prepared by the Secretariat [Air transport agreements and Trade agreements] [Original text: English] [9 April and 24 March 1971] CONTENTS Page List of abbreviations 117 NOTE 118 n. Air transport agreements (document A/CN.4/243) Paragraphs INTRODUCTION 1-10 118 A. CASES OF INDEPENDENCE OF FORMER NON-METROPOLITAN TERRITORIES 11-84 121 (a) Fonner non-metropolitan territories for the international relations of which the United Kingdom was responsible 11-70 121 1. India and Pakistan 11-19 121 France—India Agreement of 1947 12-14 121 Netherlands—India Agreement of 1947 15-16 121 United States—India Agreement of 1946 17-19 122 2. Ceylon 20 122 United States—United Kingdom Agreement of 1946 20 122 3. Israel 21-24 123 Netherlands—United Kingdom Agreement of 1946 21 123 United States—United Kingdom Agreement of 1946 22-24 123 4. Ghana 25-28 123 France—United Kingdom Agreement of 1946 25 123 United Kingdom—Lebanon Agreement of 1951 26 123 United States—United Kingdom Agreement of 1946 27-28 123 5. Federation of Malaya 29 124 Thailand—United Kingdom Agreement of 1950 29 124 6. Cyprus 30-38 124 United Kingdom—Greece Agreement of 1945 30-31 124 United Kingdom—Israel Agreement of 1950 32 125 United Kingdom—Lebanon Agreement of 1951 33-35 125 United Kingdom—Syria Agreement of 1954 36-37 125 United Kingdom—Turkey Agreement of 1946 38 125 7. Nigeria 39-46 125 Belgium—United Kingdom Agreement of 1951 39 125 United Kingdom—Federal Republic of Germany Agreement of 1955 40 126 United Kingdom—Ghana Agreement of 1958 41 126 United Kingdom—Lebanon Agreement of 1951 42 126 United Kingdom—Libya Agreement of 1953 43 126 United Kingdom—Portugal Agreement of 1945 44 126 United Kingdom—Spain Agreement of 1950 45 126 United States—United Kingdom Agreement of 1946 46 126 * A few minor changes have been made in the original text of this document. Ill 112 Yearbook of the International Law Commission, 1971, vol. II, part two Paragraphs Page 8. Jamaica and Trinidad and Tobago 47-58 127 United Kingdom—Canada Agreement of 1949 47 127 France—United Kingdom Agreement of 1946 48-50 127 Netherlands—United Kingdom Agreement of 1946 51-52 127 United States—United Kingdom Agreement of 1946 53-58 127 9. Kenya 59-61 128 Agreements of 1952 and 1946 between the United Kingdom and Denmark, Norway and Sweden 59 128 United Kingdom—Ethiopia Agreement of 1958 60 128 United Kingdom—Israel Agreement of 1950 61 128 10. Botswana and Lesotho 62-63 129 United States—United Kingdom Agreement of 1946 62-63 129 11. Gambia 64 129 United Kingdom—Portugal Agreement of 1945 64 129 12. Guyana 65-66 129 Netherlands—United Kingdom Agreement of 1946 65 129 United States—United Kingdom Agreement of 1946 66 129 13. Barbados 67-68 129 United Kingdom—Canada Agreement of 1949 67 129 United States—United Kingdom Agreement of 1946 68 129 14. Cyprus, Gambia, Malta, Mauritius, Sierra Leone, Swaziland, United Republic of Tanzania and Zambia 69-70 130 United States—United Kingdom Agreement of 1946 69-70 130 (b) Former non-metropolitan territories for the international relations of which France was responsible 71-82 130 15. Senegal 71-78 130 Argentina—France Agreement of 1948 72 130 France—Federal Republic of Germany Agreement of 1955 73 131 France—Italy Agreement of 1949 74 131 France—Switzerland Agreement of 1945 75 131 France—United Kingdom Agreement of 1946 76-77 131 United States—France Agreement of 1946 78 131 16. Madagascar 79-80 131 France—United Kingdom Agreement of 1946 79 131 United States—France Agreement of 1946 80 132 17. People's Republic of the Congo 81-82 132 United States—France Agreement of 1946 81-82 132 (c) Former non-metropolitan territory for the international relations of which Belgium was responsible 83 132 18. Democratic Republic of the Congo 83 132 United States—Belgium Agreement of 1946 83 132 (d) Former non-metropolitan territory for the international relations of which New Zealand was responsible 84 132 19. Western Samoa 84 132 United Kingdom—New Zealand Agreement of 1961 84 132 B. CASES OTHER THAN CASES OF INDEPENDENCE OF FORMER NON-METROPOLITAN TERRITORIES 85-176 132 1. Union of Newfoundland with Canada (1949) 85-101 133 Belgium—United Kingdom Agreement 92 133 Netherlands—Uni ted Kingdom Agreement of 1946 93 134 United Kingdom—Norway Agreement of 1946 and United Kingdom—Sweden Agreement of 1946 94-96 134 United Kingdom—United States Bases Agreement of 1941 97-99 134 United States—United Kingdom Agreement of 1946 100-101 135 2. Formation of Malaysia (1963) and separation of Singapore (1965) 102-151 135 (a) Effect of formation of Malaysia 109-125 135 (i) Agreements granting rights in respect of territory of the Federation of Malaya 110-112 136 United Kingdom—Federation of Malaya Agreement of 1957 110 136 Thailand—United Kingdom Agreement of 1950 111-112 136 (ii) Agreements granting rights in respect of other territories of Malaysia 113-125 136 United Kingdom—Australia Agreement of 1958 113-115 136 Succession of States 113 Paragraphs Page United Kingdom—Ceylon Agreement of 1949 116-117 137 India—United Kingdom Agreement of 1951 118 137 United Kingdom—Indonesia Agreement of 1960 119-121 137 United Kingdom—Japan Agreement of 1952 122-123 137 Netherlands—United Kingdom Agreement of 1946 124 138 United States—United Kingdom Agreement of 1946 125 138 (b) Effiect of separation of Singapore 126-151 138 Australia—Malaysia Agreement of 1964 126-128 138 United Kingdom—Ceylon Agreement of 1949 129 138 Denmark—Malaysia Agreement and Norway—Malaysia Agreement of 1965 130-132 139 United Kingdom—Federal Republic of Germany Agreement of 1955 133 139 France—Malaysia Agreement of 1964 134-135 139 India—United Kingdom Agreement of 1951 136 139 United Kingdom—Indonesia Agreement of 1960 137 140 Japan—Malaysia Agreement of 1965 138-143 140 Netherlands—Malaysia Agreement of 1964 144-146 141 Malaysia—New Zealand Agreement of 1965 147 141 Thailand—United Kingdom Agreement of 1850 148-149 141 United States—United Kingdom Agreement of 1946 150-151 141 3. Formation of the United Arab Republic (1958) and separation of the Syrian Arab Republic (1961) 152-175 142 Australia—Egypt Agreement of 1952 156 143 Belgium—Egypt Agreement of 1949 157 143 Ceylon—Egypt Agreement of 1950 158 143 Egypt—Sweden Agreement of 1949; Egypt—Norway and Egypt—Denmark Agreements of 1950; Syria—Denmark Agreement of 1955; Syria—Norway Agreement of 1956 159-160 143 Egypt—France Agreement of 1950 161 144 Egypt—Greece Agreement of 1950 162 144 India—Bgypt Agreement of 1952 163 144 Iraq—Egypt Agreement of 1955 164 144 Egypt—Jordan Agreement of 1952 165 144 Egypt—Netherlands Agreement of 1949 and Netherlands—Syria Agreement of 1950 166-167 144 Egypt—Switzerland Agreement of 1950 and Switzerland—Syria Agreement of 1954 168-170 145 Egypt—United Kingdom Agreement of 1951 and United Kingdom—Syria Agreement of 1954 171-712 145 United States—Egypt Agreement of 1946 and United States—Syria Agreement of 1947 173-175 146 4. Dissolution of the Federation of Mali (1960) 176 146 France—Federation of Mali Agreement of 1960 176 146 SUMMARY 177-192 146 A. Cases of independence of former non-metropolitan territories 177-187 146 B. Cases other than cases of independence of former non-metropolitan territories 188-192 148 m. Trade agreements (document A/CN.4/243/Add.s) INTRODUCTION 1-4 149 A. CASES OF INDEPENDENCE OF FORMER NON-METROPOLITAN TERRITORIES 5-105 150 (a) Former non-metropolitan territories for the international relations of which the United Kingdom was responsible 5-56 150 1. Australia, Canada, New Zealand and South Africa 5-18 150 Colombia—United Kingdom Treaty (1825) as confirmed by United Kingdom—Vene- zuela Convention on Amity, Commerce and Navigation (1834) 11 151 Colombia—United Kingdom Treaty of Commerce and Navigation (1866) 12 152 Denmark—Great Britain Treaties of Peace and Commerce of 1660-61 and 1670 .. 13 152 France—United Kingdom Convention respecting the Commercial Relations between Canada and France (1907) and Supplementary Convention (1909) 14 152 Honduras—United Kingdom Treaty of Commerce and Navigation (1910) 15 152 Italy—United Kingdom Treaty of Commerce and Navigation (1883) 16 152 Muscat—United Kingdom Treaty of Friendship, Commerce and Navigation (1891) 17 152 Switzerland—United Kingdom Treaty of Friendship, Commerce and Establishment (1855) 18 153 114 Yearbook of the International Law Commission, 1971, vol. n, part two Paragraphs Page 2. Ireland 19-20 153 Italy—United Kingdom Treaty of Commerce and Navigation (1883) and Portugal— United Kingdom Treaty of Commerce and Navigation (1914) 19 153 United Kingdom—United States Convention of Commerce and Navigation (1815) . 20 153 3. Iraq 21 154 France—United Kingdom San Remo Oil Agreement (1920) and France—United Kingdom Convention concerning the Mandates for Syria and the Lebanon, Palestine and Mesopotamia (1920) 21 154 4. Jordan 22 154 Syria and Lebanon—Transjordan Customs Agreement (1923) 22 154 5. India 23-29 154 Argentina—United Kingdom Treaty of Amity, Commerce and Navigation (1825) .
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