RESPONSIBILITY OF STATES
1914, and this is presently the case with the British Empire, the dominions
of which have the right to enter into treaties. All of the British dominions
signed the Treaty of Versailles and form part of the League of Nations.
This mere fact of international association, which involves a series of rights
and obligations, implies a certain element of responsibility which could not
very well be altogether disregarded.
In the domain of foreign affairs, the self-governing Dominions, with the
exception of Newfoundland, are recognized as possessing an international
status by the Covenant of the League of Nations. In the Assembly of that
body, Great Britain, Canada, Australia, New Zealand, South Africa, the
Irish Free State and India are members upon an equality with other nations
of the world. They take part in the election of the judges of the Permanent
Court of International Justice, and their right to sit in the Council is ad-
mitted, although that right has not yet been exercised. The provisions of the
report (the report of the Committee on Inter-Imperial relations of the Im-
serial Conference) in this matter are of great importance, recognizing that
the British Commonwealth of Nations may make a treaty as such, with a
single delegation for the whole; or that each member of the Commonwealth
may appoint delegates of its own; that the members, therefore, may negotiate
treaties as separate contracting parties, through their delegates; or that indi-
vidual members may make treaties by their plenipotentiaries, with the under-
standing, however, that the intention to do so should be communicated in
advance, and that before any treaties are concluded “which might involve
the other Governments in any active obligations” it must “obtain their definite
assent.” In view of these circumstances, it was natural that the report should
state in express terms the right of each autonomous State to appoint
Ministers plenipotentiary to the outside world. Ireland had already done so,
with the consent of Great Britain, and immediately after the adjournment,
Canada appointed its first Minister Plenipotentiary to Washington. The
Government of Australia, if the press is to be believed, expressed, imme-
diately upon the adjournment of the conference, its intention likewise of
sending a Minister Plenipotentiary to the United States.
In view of the foregoing situation, it may be stated that the mere conduct
of the foreign relations is not, in itself, sufficent to establish responsibility
on the part of the central government in all cases of federated states. In
the usual or ancient type of confederacy, however, it is undoubtedly applic-
able. And it is exclusively to this type of confederacy that the formula of
the Institute of International Law refers, when dealing with the direct and
indirect responsibility of the federal State in respect of the acts of the
associated States. This formula, however, does not include other kinds of
unions. Sir Thomas Barclay, a member of the Institute, pointed this out
when he stated: “It is gratifying to note that the question of the peculiar