Opinion Number. 1835

Subject

TERMINATION OF WORLD WAR 2WHETHER PROCLAMATION REQUIRED TO TERMINATE STATE OF WAR WITH ITALY, ROMANIA, BULGARIA, HUNGARY AND FINLAND: RATIFICATION OF TREATIES OF PEACE: COMMONWEALTH GAZETTE NOTICE OF DEPOSIT OF RATIFICATIONS OF TREATIES OF PEACE: PROPOSED ADVICE TO COMMONWEALTH DEPARTMENTS IN RELATION TO PEACE TREATIESS

Date
Client
The Secretary, Department of External Affairs

I refer to your memorandum dated 12th May, 1948, requesting my views whether a Proclamation will be required to terminate the state of war with Italy, Roumania, Bulgaria, Hungary and Finland when the ratifications of the Treaties of Peace with these countries have been deposited.

(2)  As a matter of law, a Proclamation would be unnecessary. However, it appears desirable that the fact of the deposit of the ratifications should be notified in the Commonwealth Gazette with an intimation as to the dates on which the respective Treaties take effect. The date on which the Treaties come into effect is dealt with in my memorandum of even date in reply to your memorandum I.C. 47/30/9, dated 19th May, 1948.1

(3)  The notice could be signed by the Minister for External Affairs and should, if practicable, appear in the Gazette on the date on which the ratifications are deposited. A draft of a notice in respect of the Italian Treaty is attached.2

(4)