INTERNATIONAL PERSONALITY
Stepping over the frontiers of the Commonwealth, we come to the last essential condition and consequence of transition to full independence. Colonial or protectorate status necessarily leaves responsibility for foreign affairs in the hands of the Mother Country, and a dependent country has no international personality.
When a territory is at a stage little short of independence, the conduct of external affairs within specified fields may be entrusted by the United Kingdom to the local Government—this is provided for in the Constitutions of the Federation of Rhodesia and Nyasaland, Singapore and the West Indies.1 But strictly, the local Government, acting in accordance with such arrangements, must act on an agency footing, because, even though a foreign country will probably be content to negotiate with the Government of a dependent territory, it will in the last resort look to the United Kingdom for the fulfilment of the territory’s obligations. On attaining independence, the new state becomes an international person, solely responsible for its own external relations. Its recognition as such is a matter for other countries. Nowadays, for most practical purposes, the determining factor is admission to the United Nations, which will probably take place a few days after the date of independence. It is for the Parliament and the Government of the United Kingdom to create the conditions necessary for recognition, and the machinery I have described is ample so long as established international principles are observed by other countries.It has occasionally been suggested that agreements concerning defence, made, on the attainment of independence, between the United Kingdom and the country concerned, amount to limitations on independence. That is patently absurd, unless it is equally true of a number of similar international arrangements, such as the stationing of American troops in Europe by agreement between the European countries and the United States, not to mention the distribution of Soviet troops over the countries behind the iron curtain.
Consequent upon the acquisition of international personality is succession to treaty rights and obligations. I need say no more than that in most cases an agreement has been made between the United Kingdom and the new States, providing for the assumption and
* Federation of Rhodesia and Nyasaland (Constitution) Order in Council, 1953, Art. 36(2) & Sch. 2, para. 1; Singapore (Constitution) Order in Council, 1958, s. 73; West Indies (Federation) Order in Council, 1957, Art. 56 (1) of the Constitution.
enjoyment by the latter of obligations and rights arising from international agreements. Such an agreement is, of course, binding only as between the parties, but for the most part other states appear to be willing to accept the position.