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Chapter Summary

The negotiations of Article 12 of the Supplementary Convention agitated the raw nerve which existed within the United Nations system in the mid-1950s. This raw nerve was exposed with regard to the negotiations of Article 12 as, one the one hand, States (primarily Western in orientation) which sought to have a 'territorial clause' which made a distinction between consent to be bound for the metropolitan territory and for overseas territories, and on the other hand, by States which opposed such a 'colonial clause', seeking instead a provision which applied to all territories, whether metropolitan or overseas. These lines of argument were apparent from the start of the negotiation process, with the 1954 British Draft Convention proposing that the metropolitan Power notify the Secretary-General when various overseas territories had become bound by a supplementary convention.

Keywords: colonial clause; overseas territories; territorial clause



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