Article 42

TERRITORIAL APPLICATION

This Convention shall apply to all non-metropolitan territories for the international relations of which any Party is responsible, except where the previous consent of such a territory is required by the Consti tution of the Party or of the territory concerned, or required by custom. In such case the Party shall endeavour to secure the needed consent of the territory within the shortest period possible, and when that consent is obtained the Party shall notify the Secretary-General. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. In those cases where the previous consent of the non-metropolitan territory is not required, the Party concerned shall, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which this Convention applies.

Commentary

1. Article 42 of the Single Convention is in substance identical with article 20 of the 1953 Protocol. There are some minor drafting changes, which, it is submitted, do not affect the meaning of the provision. The principal difference is that article 42 of the Single Convention uses the phrase "all nonmetropolitan territories" 1 for the longer phrase "all the non-self-governing, trust, colonial and other non-metropolitan territories" used in the article of the 1953 Protocol. This modification adopted by the Plenipotentiary Conference is due to the change in the international political climate which had taken place between 1953 and 1961.2

2. These provisions of the 1953 Protocol and the Single Convention differ from the "territorial" or "colonial" clauses in earlier narcotics treaties in that Parties have no discretion in regard to application to their dependent territories, as they had under the preceding treaties. 3 Only those nonmetropolitan territories whose consent is required can refuse to have the Protocol or the Single Convention applied to them. 4

3. Article 42 requires that a Party
(a) Apply the Convention to all its non-metropolitan territories whose previous consent is not needed, and declare them to the Secretary-General of the United Nations at the time of its signature, ratification or accession;
(b) Endeavour to secure within the shortest period possible the agreement of those of its non-metropolitan territories whose consent is needed under the terms of the Constitution of the Party or of the territory in question or by custom; and
(c) Notify to the Secretary-General each consent so obtained.

4. It is submitted that the required consent may also be given spontaneously by a non-metropolitan country without its having been requested to do so by the Party which is responsible for its international relations. Such consent may also be given prior to the signature, ratification or accession by the Party. It is suggested that in such a case the Party should, if possible, send to the Secretary-General notice of the consent which it has obtained so as to reach him not later than the time of deposit of its instrument of ratification or accession.

5. Article 42 provides that the Convention shall apply to a non-metropolitan territory where agreement is required from the date of receipt by the Secretary-General of the notification of its consent. It need not, however, be applied to such a territory prior to the date of its coming into force in respect of the Party in question pursuant to article 41, if the notification is received by the Secretary-General before that date.

6. Substantive provisions of the Single Convention which apply to nonparties also apply to those non-metropolitan territories of Parties to which the Convention does not apply pursuant to articles 42 and 46. 5

7. It may also be noted here that the Plenipotentiary Conference added a foot-note to paragraph 14 of its Final Act which reads as follows: "The Conference took note that the Convention was approved without prejudice to decisions or declarations in any relevant General Assembly resolution". In so doing the Conference had in mind article 42 of the Single Convention and the Declaration on the granting of independence to colonial countries and peoples, contained in resolution 1514 (XV) of the General Assembly of the United Nations. 6

8. For additional comments having a bearing on article 42, see also comments on article 1, para. 1, subpara. (y).

1 See the statements of the Legal Adviser of the Plenipotentiary Conference on "non-metropolitan territories", Records, vol. 1, pp. 167 and 169.

2 Records, vol. 1, pp. 167-170, 211 and 216.

3 For the "territorial" or "colonial" clauses in the narcotics treaties preceding the 1953 Protocol see foot-note 4 to the comments on article 1, para. 1, subpara. (y).

4 See also article 46; para. 1.

5 See article 12, paras. 2 and 3, article 13, para. 2, article 14, paras. 1 and 2, article 21, para. 4, article 24, para. 5, subpara. (b), article 31, para. 1 and article 49, para. 2, subpara. (b).

6 Records, vol. 1, pp. 211 and 216, and vol. II, p. 299.