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i n t e r nat i o na l l aw
clear that the internal constitutional structure is crucial in endowing the
unit concerned with capacity. What, however, turns this into international
capacity is recognition.
An issue recently the subject of concern and discussion has been the
question of the domestic implementation of treaty obligations in the case
of federations, especially in the light of the fact that component units
may possess legislative power relating to the subject-matter of the treaty
concerned. Although this issue lies primarily within the field of domestic
constitutional law, there are important implications for international law.
In the US, for example, the approach adopted has been to insert ‘federal’
reservations to treaties in cases where the states of the Union have exer-
cised jurisdiction over the subject-matter in question, providing that the
Federal Government would take appropriate steps to enable the compe-
tent authorities of the component units to take appropriate measures to
fulfil the obligations concerned.
112
In general, however, there have been
few restrictions on entry into international agreements.
113
The question as to divided competence in federations and international
treaties has arisen in the past, particularly with regard to conventions of
the International Labour Organisation, which typically encompass areas
subject to the law-making competence of federal component units. In
Canada, for example, early attempts by the central government to ratify
ILO conventions were defeated by the decisions of the courts on consti-
tutional grounds, supporting the views of the provinces,
114
while the US
has a poor record of ratification of ILO conventions on similar grounds
of local competence and federal treaty-making.
115
The issue that arises
therefore is either the position of a state that refuses to ratify or sign a
treaty on grounds of component unit competence in the area in question
or alternatively the problem of implementation and thus responsibility
where ratification does take place. In so far as the latter is concerned, the
issue has been raised in the context of article 36 of the Vienna Conven-
tion on Consular Relations, 1963, to which the US is a party, and which
requires, among other things, that states parties inform a foreigner under
arrest of his or her right to communicate with the relevant consulate. The
International Court of Justice has twice held the US in violation of this
112
See e.g. the proposed reservations to four human rights treaties in 1978,
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