Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Innovation and Skills, pursuant to the Answers of 25 February 2016 to Questions 27493 and 27494, and with reference to Article 29 of the UN Convention on Contracts for the International Sale of Goods, what the evidential basis is for the Government's conclusion that the Transatlantic Trade and Investment Partnership does not automatically apply to British Overseas Territories and Crown Dependencies.

The Government’s position, set out in the answers to Questions 27493 and 27494, is based on the wording of the treaties (Article 52 of the Treaty on European Union, Article 355 of the Treaty on the Functioning of the European Union and the 1972 Treaty of Accession of Denmark, Ireland and the UK to the European Economic Community) and the longstanding practice of the UK.

Article 29 of the UN Convention on Contracts for the International Sale of Goods is not relevant to the status of British Overseas Territories and the Crown Dependencies. Article 29 of the Vienna Convention on the Law of Treaties provides that “Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory.” The British Overseas Territories and the Crown Dependencies are not part of the UK, and the UK has consistently adopted the position that treaties made by the UK do not extend to British Overseas Territories or the Crown Dependencies, unless this is done expressly. The first expression of this position was set out in the “Bevin Despatch” (Foreign Office Circular 118, 16 October 1950).