ABSTRACT
The Channel Islands occupy a unique position, both in constitutional law and in the law of the European Communities. The Court of Justice of the European Communities, when confronted with another dispute about maritime jurisdiction, restated the proposition that the United Kingdom bears responsibility for the islands on the international plane. The brevity and simplicity of wording of Article 4 of Protocol No.3 conceal the difficulties to which that principle gives rise. In authorising the Council to adopt safeguard measures in case of necessity, Article 5 of the Protocol contemplates that difficulties might appear “on either side in relations between the Community and European territories”. Article 5 of the Protocol could form a suitable vehicle for an authorisation; but equally, the authorisation could be contained in the new Community provisions governing intra-Community trade in milk, foreshadowed in Council Directive 85/397 of 5 August 1985.
