11 - Territorial application

Summary

It comes with the territory.

Because of its very nature, in order to be effective a treaty like the Charter of the United Nations has to apply to all the territory of the parties. Other treaties will, by their terms, identify explicitly or by necessary implication the territory of the parties to which they relate. Some treaties clearly apply to the activities of a party or its nationals outside its territory. A party to the Antarctic Treaty 1959, which applies to the area south of 60° south latitude, is required to apply the Treaty to its nationals in that area. But even that Treaty and its sister treaties, as well as many other treaties, have to have legal force also in the metropolitan territory of the parties. The Antarctic Treaty Environmental Protocol 1991 applies to the Antarctic Treaty area, but requires controls over the organisation of Antarctic expeditions to be exercised in the territory of a party. The European Convention on Human Rights 1950 protects the rights of everyone within the territory of a party or ‘subject to its jurisdiction’, thus including persons who are not nationals of the party but are within its jurisdiction, including under the control of its armed forces abroad, in one of its embassies or consulates, ships flying its flag or aircraft registered with it. In fact, all treaties will require some action within the territory of the parties, though not always legislation.