3.The legislation may set out the treaty in a schedule only for purposes of informationor reference.
Antarctic Treaty Act 1967 (UK). The advantage is that the treaty is easily accessible tothe statute law users.
4.The legislation may set out the treaty in a schedule and endow it or part of it withthe force of law.
Organization of Eastern States Act 1986 (Antigua and Barbuda), International Sales Act1967 (UK), Consular Relations Act 1968 (UK), Non-Citizens (Registration, Immigrationand Expulsion) (Amendment) Act 1980 (Sierra Leone), Refugee Protocol (1951), ClimateChange Response Act 2002 (New Zealand), Terrorism Suppression Act 2002 (NewZealand). The schedule includes SC Resolution 1373 (2001). Uniformity is likely to beachieved under this method.
5.The legislation may give effect to a treaty without reproducing it in a schedule.
International Transport Convention Act 1983 (UK) and Civil Aviation Act 1985 (SaintChristopher and Nevis), and National Conservation and Environmental Protection Act1996 (Saint Christopher and Nevis).
6.The legislation may empower a Minister to give effect to a treaty by way of subsidiary legislation.
National Conservation and Environmental Protection Act 1996 (Saint Christopher and Nevis), Shipping Act (Canada), Canada Post Corporation Act (Canada), Marine PollutionPrevention Act 1982 (Sri Lanka), and the Shipping Act 1981 (Barbados) and NationalParks and Wildlife Conservation Act 1975 (Australia).
3. Which legislative technique is more suitable?
It is difficult to state with precision which legislative technique is more suitable to implement theEPA at national level. Sir Henry de Waal, QC, former First Parliamentary Counsel (UK) saidthat the suitability of a particular legislative technique depends to a large extent on the subject-matter of the treaty. As a result, no golden rule can be laid down regarding the desirability of theuse of one technique in preference to another. It is therefore necessary to choose the mostsuitable legislative technique that will help to ensure compliance with the objectives of the EPAhaving regard to its content and complexity.Out of the six legislative techniques outlined above, it seems to me that the most appropriatelegislative technique is to incorporate the EPA by reference without reproducing it as a Scheduleto an Act of Parliament and give effect to some of the provisions of the EPA and other treatiesreferred to therein by way of subsidiary legislation. (Legislative Techniques 5 and 6).