Page image

16

2. Inter-governmental Agreements (i) Negotiation and Signature The Government, not His Majesty, is the contracting party in these agreements. Credentials are issued under the signature and seal of the Minister of External Affairs. These credentials may be conveniently referred to as " Governmental Full Powers," to distinguish them from " Royal Full Powers." Though the Full Powers normally authorize a plenipotentiary to sign any agreement resulting from the negotiations, such agreement —if it provides for ratifiction—is no more than a projet and signature of it does not in itself commit the Government to carry out the agreement or even necessarily to ratify it. (ii) Ratification In the case of those agreements which are subject to ratification the necessary instruments of ratification are issued under the signature and seal of the Minister of External Affairs. If, however, an agreement involves a charge on the revenue or a change in the domestic law, legislation is required to give effect to its provisions. A development in New Zealand is illustrated by the procedure followed in the case of the Treaties of Peace with Italy, Roumania, Bulgaria, Hungary, and Finland. Before the Executive Council was asked to issue an Order in Council authorizing the Minister of External Affairs to sign and seal the ratifications the Government introduced into each House of Parliament a resolution approving ratification. 3. Cook Islands and Western Samoa All international agreements to which New Zealand is a party automatically apply to the Cook Islands, which- are within the boundaries of New Zealand as defined by an Order in Council under the Colonial Boundaries Act, 1895 (Imperial). If a treaty is to cover the trust territory of Western Samoa its operation must be specifically extended.