3.4. Full powers

A diplomatic agent to whom a particular negotiation is entrusted for the conclusion of a treaty or convention, or an agent who deputed to take part in a congress or conference for a similar purpose, requires as a general rule a special authorization, called full power, from the head of the state whom he represents; or may be from its government, if the proposed treaty arrangement to be between governments.

Full powers to ratify a treaty or to accede to a treaty are t obsolete, presumably because ratification and accession are the acts of governments themselves.

At a time when most states were governed by more or lest; absolute monarchs, when weeks and months were consumed in travelling from one capital to another, and when there was no mode of communication faster than a horse, a full power invested its recipient with power to bind his principal, provided that he acted within the limits of its authority. Today a full power means something quite different; it invests the agent with power to negotiate and to sign a treaty but not with power to bind his principal, except in those cases where the signing of a treaty alone suffices for this purpose.

When the representatives of the negotiating states enter upon their task, the first step is the mutual submission of their full powers for verification. In the case of a multipartite negotiation, the duty of verification falls upon the "headquarters government" or, in the case of treaties concluded under the auspices of the United Nations, upon its Secretariat, assisted in each case by a small committee of plenipotentiaries. It would be useless to enter upon negotiations without this assurance that the representative present were duly authorized to speak and sign on behalf of their states or governments. It is not essential that the full powers should be actually exchanged and retained by the opposite party. Sometimes certified copies are retained, and sometimes the full powers issued ad hoc are handed to the "headquarters government", which preserves them in the archives of the treaty. Practice is not uniform.

The full powers vary greatly in form, according to the particular constitution or the settled practice of the country which issues them. Differences may also exist according to the degree of Importance ascribed to the treaty, or whether it is to be concluded between heads of state or, on the other hand, between governments. The essential feature of all such documents is that they should show by their terms that the representative to whom they are Issued is invested with all necessary authority on the part of the slate concerned to take part in the negotiations pending, and to conclude and sign, subject if necessary to ratification, the treaty Instrument which may result from these negotiations.

EXHIBIT 75

SPECIAL

FULL POWER

(issued by the Queen,

Great Britain)

(Her Majesty's signature)

Elizabeth the second,

BY THE GRACE OF GOD OF THE UNITED KINGDOM

OF GREAT BRITAIN AND NORTHERN IRELAND AND

OF HER OTHER REALMS AND TERRITORIES QUEEN, HEAD OF THE COMMONWEALTH,

DEFENDER OF THE FAITH,

&c, &c, &c.

To all and singular to whom these Presents shall come, Greeting!

Whereas, for the better treating of and arranging any matters which are now in discussion, or which may come into discussion, between Us, in respect of Our United Kingdom of Great Britain and Northern Ireland and ... relative to [here follows a general description of the subject matter of the negotiations], We have judged it expedient to

invest a fit person with Full Power to conduct the said discussion on Our part in respect of Our United Kingdom of Great Brita and Northern Ireland; Know Ye, therefore, that We, reposing especial Trust and Confidence in the Wisdom, Loyalty, Diligence and Circumspection of Our ... , have named, made, constituted and appointed, as We do by these Presents name, make, constitute and appoint him Our undoubted Commissioner, Procurator and Plenipotentiary in respect of Our United Kingdom of Great Britain and Northern Ireland; Giving to him all manner of Power and Authority to treat, adjust and conclude with such Minister Ministers, Plenipotentiary or Plenipotentiaries as may be vested with similar Power and Authority on the part of ... any Treaty, Convention, Agreement, Protocol or other Instrument that may tend to the attainment of the above-mentioned end, and to sign for Us, and in Our name, in respect of Our United Kingdom; Great Britain and Northern Ireland, everything so agreed upon and concluded, and to do and transact all such other matters as may appertain thereto, in as ample manner and form, and with equal force and efficacy, as We Ourselves could do, if personally present; Engaging and Promising, upon Our Royal Word, that whatever things shall be so transacted and concluded by Our s Commissioner, Procurator and Plenipotentiary, in respect of Our United Kingdom of Great Britain and Northern Ireland, shall, subject if necessary to Our Ratification, be agreed to, acknowledged and accepted by Us in the fullest manner, and that We will never suffer, either in the whole or in part, any person whatsoever to infringe the same, or act contrary thereto, as far as it lies in Our power.

In witness whereof We have caused Our Great Seal to be affix to these Presents, which We have signed with Our Royal Hand.

Given at Our Court of Saint James, the ... day of... in the Year of Our Lord, One thousand Nine hundred and......and in the….Year of Our Reign.

( Wafer Great Seal)

EXHIBIT 76

SPECIAL

FULL POWER

(issued by the President,

USA)

(name in full),