Jacaylbaro Posted March 25, 2008 The Somali Republic, (The Act of UNION) All the persons who on July 1, 1960 were citizens of Somaliland or Somalia became citizens of the Somali Republic. The custom tariffs applicable in the two territories before the Union remained unchanged. However, in the case of import duty in the territory to which the goods moving from North to South or vice versa, where the import duty in the territory to which the goods were proceeding was higher than in the other a duty equal to the difference between the two rates was charged. An important question that had to be settled was whether the Somali Republic became the successor state with respect to treaties and other rights and obligations pre-existing the Union This matter was dealt with in Article 4 of the Act of Union as Follows: 1-All rights lawfully vested in or obligations lawfully incurred by the independent Governments of Somaliland and Somalia or by any person on their behalf, shall be deemed to have been transferred to and accepted by the Somali Republic upon the establishment of the Union. 2- When ever such rights or obligations arise from any international agreement their acceptance by the Somali Republic shall be subject to Article 67 of the Constitution). According to this provision the Somali Republic accepted to be the Successor State only with respect to rights and obligations incurred by the independent governments of Somaliland and Somalia. Since the independent of Somalia coincided with the formation of the Union, there never existed an independent Government of Somalia. Consequently, Article 4 of the Act of Union had no practical application with respect to the Southern Regions of the Republic. In the North, on the other hand, there was an independent government of State of Somaliland for five days before the Union. During that brief period State of Somaliland acquired the following rights and obligations, which were then transferred to the Somali Republic by virtue of the Act of Union: 1-Those vested until June 26, 1960 in Her Majesty for the purpose of the Government of the Protectorate of Somaliland. 2-Those arising from three agreements between Somaliland and the United Kingdom, i.e. (2) the Agreement regarding interim arrangements in respect of the Somaliland Scouts; (1) the Interim Agreement for a United Kingdom Aid Mission, (3) the Public Officers Agreement. In addition to the Act of Union, the question of treaty succession was covered in an exchange of letters annexed to the treaty of friendship signed on July 1, 1960 by representatives of the Italian Republic and the Somali Republic. It was agreed obligations deriving from International Instruments concluded by the Italian Government on behalf of Somalia during the trusteeship administration, i.e. between December 2, 1950 and June 30, 1960. Thus the undertaking assumed by the Somali Republic with respect to treaty succession was confined to the three above mentioned agreements with the United Kingdom and the treaties and agreements concluded by Italy during ten-year trusteeship. As to other international instruments preceding independence, it seems clear that Somali Government intended to retain its freedom of action. Axdigan waxaa ku cad in dal iyo dawlad la yidhaado Somalia (Soomaaliya) ay ugu danbeysey 30/06/1960, wixii ka danbeeyey waxaa dalka la odhan jirey Jamhuuriyadda Soomaaliyeed (Somali Republic) ee ma aha Somalia ama Jamhuuriyadda Soomaaliya. Haddiise la yidhaahdo Somalia (Soomaaliya) waxay noqonaysaa Goboladii 1950 ilaa 30/06/1960 wixii ka horreeyey 01/07/1960 la odhan jirey Somalia ee ka madax banaanaaday Talyaaniga 01/07/1960. Labadii magac ee kala ahaa: Somaliland iyo Somalia waxaa la laabay 01/07/1960, waxaana lala baxay: Somali Republic) Jamhuuriyadda Soomaaliyeed) sida ku cad axdiga. Markaa ha la ogaado reer Somalia inay iyagu kala gooyeen Somali Republic (Jamhuuriyaddi Soomaaliyeed), ee aan lagu eedayn ,reer Somaliland. xigasho axdigii Jamhuuriyadda A.. Warsame Quote Share this post Link to post Share on other sites
