I am grateful to my hon. Friend. He will know that I do not normally encourage him to go on longer than he feels that he wants to, but I seek his view on one matter. He has made an important point about memorandums of understanding falling outside the definition of a treaty. He also said the same thing about missile siting agreements. However, on the face of it—I am not an international lawyer—the definition of a treaty in clause 28(1) would include a memorandum of understanding, if it is""a written agreement…between States or…international organisations, and…binding under international law.""
I ask myself why, if a memorandum of understanding is binding, does it not come within the statutory definition of a treaty? I would welcome my hon. Friend's guidance.
Constitutional Reform and Governance Bill
Proceeding contribution from
Viscount Hailsham
(Conservative)
in the House of Commons on Tuesday, 19 January 2010.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Constitutional Reform and Governance Bill.
About this proceeding contribution
Reference
504 c210 Session
2009-10Chamber / Committee
House of Commons chamberSubjects
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