Treaties and Conventions

The Treaties and Conventions area of www.jerseylaw.je is work in progress. Some existing conventions are still being checked and will be loaded in due course together with new International instruments extended to Jersey.
 
The Bailiwick of Jersey is a Crown Dependency with its own autonomous parliament and judicial system. Her Majesty in Council has ultimate responsibility for the good government, defence and international representation of Jersey.
 
Jersey is able to enter into international instruments its own right only in limited circumstances under letters of entrustment from the United Kingdom. Therefore, for the majority of international Treaties and underlying Protocols which Jersey wishes to enter into, ratification is only possible if the UK is ratifying or has previously ratified a Treaty or Protocol, and such ratification has been extended, at the request of the Government of Jersey, to include Jersey.
 
Historically, there was a presumption that the UK's ratification of international instruments included the Crown Dependencies unless the contrary was expressed. However, the presumption was displaced on 16th October 1950 by Foreign Office Circular No. 118, known informally as the "Bevin Declaration" after Ernest Bevin, the Foreign Secretary at the time, who signed it. The Circular which was despatched to Sovereign States all around the world set out that, "it would be more consistent with the constitutional position of [the Crown Dependencies] to regard them for international purposes as not forming part of the United Kingdom". Thus, where the UK has ratified an international instrument subsequent to 16th October 1950, it would not have included the Crown Dependencies unless they were expressly included (individually or collectively) in the relevant instrument. Thus, despite a mistaken assumption in the 1960s and early 1970s that certain practices contradicted this position, Treaties post-1950 are deemed to have only been extended to Jersey if Jersey was expressly included at the time of ratification or later by virtue of a Territorial Application declaration.
 
Nevertheless, this general rule remains complicated by the advent of "silent Treaties" which did not have the provision for Sovereign States to extend ratification to territories for whose international relations they are responsible. Despite this, the practice has continued that the UK will specify whether it is ratifying on its own behalf or also on the behalf of the Crown Dependencies and Overseas Territories. Accordingly, this has been recognised by the UN as constituting a "different intention" to the default position in the Vienna Convention where all Treaties are deemed to be binding upon parties in respect of their entire territories.
 
Using evidence gathered by External Relations, the Law Officers' Department has analysed whether or not existing Treaties apply or have been extended to Jersey by considering the evidence in light of the principles set out above. Where conclusions on application can be reached, the results are set out here for general information but are for reference only and should not be relied upon as legal advice as to the applicability or otherwise of any international instrument to Jersey.
 
Accordingly, no warranty is given as to the reliability of the conclusions within and therefore no liability is, or can be, accepted for any loss arising from any reliability placed upon them. Independent legal advice should always be sought by any person seeking to rely on any conclusion as to a Treaty's applicability or otherwise. Scroll down to see the list
 
×
Search

 

 

Agreement on the Conservation of African-Eurasian Migratory Waterbirds
Convention for the Protection of Human Rights and Fundamental Freedoms
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
Convention for the Protection of the Architectural Heritage of Europe
Convention For The Protection Of The World Cultural And Natural Heritage
Convention for the Reciprocal Recognition of Proof Marks of Small-Arms
International Convention for the Suppression of Terrorist Bombings
International Convention for the Suppression of the Financing of Terrorism
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
Convention for the Unification of certain Rules relating to International Carriage by Air
Convention on Biological Diversity
Agreement on the Conservation of Populations of European Bats
Convention on Environmental Impact Assessment in a Transboundary Context
Convention on Extradition
Convention on Offences and certain other Acts Committed on board Aircraft
Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration Custody of Children
Convention on Salvage
Convention on the Civil Aspects of International Child Abduction
Convention on the Conservation of Migratory Species of Wild Animals
Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage
Convention on the Law Applicable to Trusts and on their Recognition
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
Convention on the Law of the Sea
Convention on the Marking of Plastic Explosives for the purpose of Detection
Convention on the Organisation for Economic Co-operation and Development
Convention On The Physical Protection Of Nuclear Material
Convention on the Prevention and Punishment of the Crime of Genocide
Convention on the Prevention of Marine Pollution of Wastes and other Matter
European Convention on the Protection of the Archaeological Heritage
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations
Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances
Convention On The Recovery Abroad Of Maintenance
Convention On The Rights Of The Child
European Convention on the Suppression of Terrorism
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
Convention On The Taxation Of Road Vehicles Engaged In International Passenger Transport
Convention On Wetlands Of International Importance Especially As Waterfowl Habitat (Ramsar Convention)
Criminal Law Convention on Corruption
Customs Convention Concerning Welfare Materials for Seafarers
Customs Convention on the Temporary Importation of Packings
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Customs Convention on the Temporary Importation of Professional Equipment
European Agreement For The Prevention Of Broadcasts Transmitted From Stations Outside National Territories
European Agreement On Continued Payment Of Scholarships To Students Studying Abroad
European Agreement on the Exchange of Tissue-Typing Reagents [17 September 1974]
European Convention on State Immunity
European Convention On The Adoption Of Children
European Cultural Convention
Berne Convention For The Protection Of Literary And Artistic Works Of September 1886