A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an (international) agreement, protocol, covenant, convention or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same.

Treaties can be loosely compared to contracts: both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law.

Modern usage

A treaty is an official, express written agreement that states use to legally bind themselves. A treaty is that official document which expresses that agreement in words; and it is also the objective outcome of a ceremonial occasion which acknowledges the parties and their defined relationships.

Bilateral and multilateral treaties

Bilateral treaties are concluded between two states or entities. It is possible however for a bilateral treaty to have more than two parties; consider for instance the bilateral treaties between Switzerland and the European Union (EU) following the Swiss rejection of the European Economic Area agreement. Each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties. The parties are divided into two groups, the Swiss ("on the one part") and the EU and its member states ("on the other part"). The treaty establishes rights and obligations between the Swiss and the EU and the member states severally; it does not establish any rights and obligations amongst the EU and its member states.

A multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party. Multilateral treaties are often regional. Treaties of "mutual guarantee" are international compacts, e.g., the Treaty of Locarno which guarantees each signatory against attack from another.

Adding and amending treaty obligations

Reservations

Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification—''a party cannot add a reservation after it has already joined a treaty''.

Originally, international law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted the same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now generally permitted to the extent that they are not inconsistent with the goals and purposes of the treaty.

When a state limits its treaty obligations through reservations, other states party to that treaty have the option to accept those reservations, object to them, or object and oppose them. If the state accepts them (or fails to act at all), both the reserving state and the accepting state are relieved of the reserved legal obligation as concerns their legal obligations to each other (accepting the reservation does not change the accepting state's legal obligations as concerns other parties to the treaty). If the state opposes, the parts of the treaty affected by the reservation drop out completely and no longer create any legal obligations on the reserving and accepting state, again only as concerns each other. Finally, if the state objects and opposes, there are no legal obligations under that treaty between those two state parties whatsoever. The objecting and opposing state essentially refuses to acknowledge the reserving state is a party to the treaty at all.

Amendments

There are three ways an existing treaty can be amended. First, formal amendment requires States parties to the treaty to go through the ratification process all over again. The re-negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining the legal obligations of states, one party to the original treaty and one a party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of the legal obligations under the treaty. Minor corrections to a treaty may be adopted by a procès-verbal; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e. where the text adopted does not correctly reflect the intention of the parties adopting it.

Protocols

In international law and international relations, a protocol is generally a treaty or international agreement that supplements a previous treaty or international agreement. A protocol can amend the previous treaty, or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol; sometimes this is made clearer by calling it an "optional protocol", especially where many parties to the first agreement do not support the protocol.

Some examples: the United Nations Framework Convention on Climate Change (UNFCCC) established a framework for the development of binding greenhouse gas emission limits, while the Kyoto Protocol contained the specific provisions and regulations later agreed upon.

Execution and implementation

Treaties may be seen as 'self-executing', in that merely becoming a party puts the treaty and all of its obligations in action. Other treaties may be non-self-executing and require 'implementing legislation'—a change in the domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes.

The division between the two is often not clear and is often politicized in disagreements within a government over a treaty, since a non-self-executing treaty cannot be acted on without the proper change in domestic law. If a treaty requires implementing legislation, a state may be in default of its obligations by the failure of its legislature to pass the necessary domestic laws.

Interpretation

The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted “in good faith” according to the “ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose.” International legal experts also often invoke the 'principle of maximum effectiveness,' which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties.

No one party to a treaty can impose its particular interpretation of the treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding an additional clause to the treaty – this is commonly called an 'authentic interpretation'.

International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish the meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself.

Consequences of terminology

One significant part of treaty making is that signing a treaty implies recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law. Hence, nations can be very careful about terming an agreement to be a treaty. For example, within the United States agreements between states are compacts and agreements between states and the federal government or between agencies of the government are memoranda of understanding.

Another situation can occur when one party wishes to create an obligation under international law, but the other party does not. This factor has been at work with respect to discussions between North Korea and the United States over security guarantees and nuclear proliferation.

The terminology can also be confusing because a treaty may and usually is named something other than a treaty, such as a convention, protocol, or simply agreement. Conversely some legal documents such as the Treaty of Waitangi are internationally considered to be documents under domestic law.

Ending treaty obligations

Withdrawal

Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification. Many treaties expressly forbid withdrawal. Other treaties are silent on the issue, and so if a state attempts withdrawal through its own unilateral denunciation of the treaty, a determination must be made regarding whether permitting withdrawal is contrary to the original intent of the parties or to the nature of the treaty. Human rights treaties, for example, are generally interpreted to exclude the possibility of withdrawal, because of the importance and permanence of the obligations.

If a state party's withdrawal is successful, its obligations under that treaty are considered terminated, and withdrawal by one party from a bilateral treaty of course terminates the treaty. When a state withdraws from a multi-lateral treaty, that treaty will still otherwise remain in force between the other parties, unless, of course, otherwise should or could be interpreted as agreed upon between the remaining states parties to the treaty.

Suspension and termination

If a party has materially violated or breached its treaty obligations, the other parties may invoke this breach as grounds for temporarily suspending their obligations to that party under the treaty. A material breach may also be invoked as grounds for permanently terminating the treaty itself.

A treaty breach does not automatically suspend or terminate treaty relations, however. The issue must be presented to an international tribunal or arbiter (usually specified in the treaty itself) to legally establish that a sufficiently serious breach has in fact occurred. Otherwise, a party that prematurely and perhaps wrongfully suspends or terminates its own obligations due to an alleged breach itself runs the risk of being held liable for breach. Additionally, parties may choose to overlook treaty breaches while still maintaining their own obligations towards the party in breach.

Treaties sometimes include provisions for self-termination, meaning that the treaty is automatically terminated if certain defined conditions are met. Some treaties are intended by the parties to be only temporarily binding and are set to expire on a given date. Other treaties may self-terminate if the treaty is meant to exist only under certain conditions.

A party may claim that a treaty should be terminated, even absent an express provision, if there has been a fundamental change in circumstances. Such a change is sufficient if unforeseen, if it undermined the “essential basis” of consent by a party, if it radically transforms the extent of obligations between the parties, and if the obligations are still to be performed. A party cannot base this claim on change brought about by its own breach of the treaty. This claim also cannot be used to invalidate treaties that established or redrew political boundaries.

Invalid treaties

There are several reasons an otherwise valid and agreed upon treaty may be rejected as a binding international agreement, most of which involve problems created at the formation of the treaty. For example, the serial Japan-Korea treaties of 1905 1907 and 1910 were protested; and they were confirmed as "already null and void" in the 1965 Treaty on Basic Relations between Japan and the Republic of Korea.

''Ultra vires'' treaties

A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under that state's domestic law. States are reluctant to inquire into the internal affairs and processes of other states, and so a “manifest” violation is required such that it would be “objectively evident to any State dealing with the matter". A strong presumption exists internationally that a head of state has acted within his proper authority. It seems that no treaty has ever actually been invalidated on this provision.

Consent is also invalid if it is given by a representative who ignored restrictions he is subject to by his sovereign during the negotiations, if the other parties to the treaty were notified of those restrictions prior to his signing.

According to the preamble in The Law of treaties, treaties are a source of international law. If an act or lack thereof is condemned under international law, the act will not assume international legality even if approved by internal law. This means that in case of a conflict with domestic law, international law will always prevail.

Misunderstanding, fraud, corruption, coercion

Articles 46–53 of the Vienna Convention on the Law of Treaties set out the only ways that treaties can be invalidated—considered unenforceable and void under international law. A treaty will be invalidated due to either the circumstances by which a state party joined the treaty, or due to the content of the treaty itself. Invalidation is separate from withdrawal, suspension, or termination (addressed above), which all involve an alteration in the consent of the parties of a previously valid treaty rather than the invalidation of that consent in the first place.

A state's consent may be invalidated if there was an erroneous understanding of a fact or situation at the time of conclusion, which formed the "essential basis" of the state's consent. Consent will not be invalidated if the misunderstanding was due to the state's own conduct, or if the truth should have been evident.

Consent will also be invalidated if it was induced by the fraudulent conduct of another party, or by the direct or indirect "corruption" of its representative by another party to the treaty. Coercion of either a representative, or the state itself through the threat or use of force, if used to obtain the consent of that state to a treaty, will invalidate that consent.

Peremptory norms

A treaty is null and void if it is in violation of a peremptory norm. These norms, unlike other principles of customary law, are recognized as permitting no violations and so cannot be altered through treaty obligations. These are limited to such universally accepted prohibitions as those against genocide, slavery, torture, and piracy, meaning that no state can legally assume an obligation to commit or permit such acts.

Role of the United Nations

The United Nations Charter states that treaties must be registered with the UN to be invoked before it or enforced in its judiciary organ, the International Court of Justice. This was done to prevent the proliferation of secret treaties that occurred in the 19th and 20th century. Section 103 of the Charter also states that its members' obligations under it outweigh any competing obligations under other treaties.

After their adoption, treaties as well as their amendments have to follow the official legal procedures of the United Nations, as applied by the Office of Legal Affairs, including signature, ratification and entry into force.

In function and effectiveness, the UN has been compared to the pre-Constitutional United States Federal government by some, giving a comparison between modern treaty law and the historical Articles of Confederation.

Relation between national law and treaties by country

Brazilian law

The Brazilian federal constitution states that the power to enter into treaties is vested in the president and that such treaties must be approved by Congress (articles 84, clause VIII, and 49, clause I). In practice, this has been interpreted as meaning that the executive branch is free to negotiate and sign a treaty, but its ratification by the president is contingent upon the prior approval of Congress. Additionally, the Federal Supreme Court has ruled that, following ratification and entry into force, a treaty must be incorporated into domestic law by means of a presidential decree published in the federal register in order to be valid in Brazil and applicable by the Brazilian authorities.

The Federal Supreme Court has established that treaties are subject to constitutional review and enjoy the same hierarchical position as ordinary legislation (''leis ordinárias'', or "ordinary laws", in Portuguese). A more recent ruling by the Supreme Court in 2008 has altered that scheme somewhat, by stating that treaties containing human rights provisions enjoy a status above that of ordinary legislation, though they remain beneath the constitution itself. Additionally, as per the 45th amendment to the constitution, human rights treaties which are approved by Congress by means of a special procedure enjoy the same hierarchical position as a constitutional amendment. The hierarchical position of treaties in relation to domestic legislation is of relevance to the discussion on whether (and how) the latter can abrogate the former and vice versa.

The Brazilian federal constitution does not have a supremacy clause with the same effects as the one on the U.S. constitution, a fact that is of interest to the discussion on the relation between treaties and state legislation.

United States law

In the United States, the term "treaty" has a different, more restricted legal sense than exists in international law. U.S. law distinguishes what it calls treaties from executive agreements, congressional-executive agreements, and sole executive agreements. All four classes are equally treaties under international law; they are distinct only from the perspective of internal American law. The distinctions are primarily concerning their method of approval (only the President can ratify or veto a treaty). Whereas treaties require advice and consent by two-thirds of the Senate, sole executive agreements may be executed by the President acting alone. Some treaties grant the President the authority to fill in the gaps with executive agreements, rather than additional treaties or protocols. And finally, congressional-executive agreements require majority approval by both the House and the Senate, either before or after the treaty is signed by the President.

Currently, international agreements are executed by executive agreement rather than treaties at a rate of 10:1. Despite the relative ease of executive agreements, the President still often chooses to pursue the formal treaty process over an executive agreement in order to gain congressional support on matters that require the Congress to pass implementing legislation or appropriate funds, and those agreements that impose long-term, complex legal obligations on the U.S.

See the article on the Bricker Amendment for history of the relationship between treaty powers and Constitutional provisions.

Treaties and indigenous peoples

Treaties formed an important part of European colonization and, in many parts of the world, Europeans attempted to legitimize their sovereignty by signing treaties with indigenous peoples. In most cases these treaties were in extremely disadvantageous terms to the native people, who often did not appreciate the implications of what they were signing.

In some rare cases, such as with Ethiopia and Qing Dynasty China, the local governments were able to use the treaties to at least mitigate the impact of European colonization. This involved learning the intricacies of European diplomatic customs and then using the treaties to prevent a power from overstepping their agreement or by playing different powers against each other.

In other cases, such as New Zealand and Canada, treaties allowed native peoples to maintain a minimum amount of autonomy. In the case of indigenous Australians, unlike with the Māori of New Zealand, no treaty was ever entered into with the indigenous peoples entitling the Europeans to land ownership, under the doctrine of ''terra nullius'' (later overturned by ''Mabo v Queensland'', establishing the concept of native title well after colonization was already a ''fait accompli''). Such treaties between colonizers and indigenous peoples are an important part of political discourse in the late 20th and early 21st century, the treaties being discussed have international standing as has been stated in a treaty study by the UN.

United States

Prior to 1871 the government of the United States regularly entered into treaties with Native Americans of the United States but the Indian Appropriations Act of March 3, 1871 (ch. 120, 16 Stat. 566) had a rider () attached that effectively ended the President’s treaty making by providing that no Indian nation or tribe shall be acknowledged as an independent nation, tribe, or power with whom the United States may contract by treaty. The federal government continued to provide similar contractual relations with the Indian tribes after 1871 by agreements, statutes, and executive orders.

Rhetorical usage

The treaty name becomes a trope. As an instance of metonymy, the name of a "treaty" in an abstract sense can refer to the subject of the pact or the elements of the pact itself or something else – for example, the "Eulsa Treaty" is another name for the Japan-Korea Treaty of 1905.

Treaties are often named after the place in which negotiations were concluded – for example, the Schengen Agreement is often called the "Schengen treaty" because it was signed near the town of Schengen in Luxembourg.

Schengen illustrates nuance and persistent metonymy in treaty names. It is a useful example despite or because the actually signing ceremony was held in the Moselle River at the tripoint borders of Germany, France and Luxembourg. This metonymic name has continued to be used, even after Schengen's official status as a treaty was lost and even after Schengen's express provisions were encompassed within subsequent EU treaties.

In other words, the term treaty conflates the explicit words of the treaty, the signing of the treaty, and the actual implementation and consequences intended by those who drafted the words and those who affixed signatures Sometimes the treaty is also known by a name which is not explicitly contemplated by those whose work created the treaty.

See also

Jus tractatuum

List of intergovernmental organizations

List of special entities recognized by international treaty or agreement

List of treaties

Manrent (feudal Scottish Clan treaty)

Treaty ratification

Vienna Convention on the Law of Treaties

Notes

References

Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921–1922. (1922). ''Korea's Appeal to the Conference on Limitation of Armament.'' Washington: U.S. Government Printing Office. OCLC 12923609

Nicolson, Harold. (1936). ''Diplomacy,'' 1st ed. Oxford: Oxford University Press. OCLC 502863836

Shaw, Malcolm Nathan. (1977). ''International Law,'' 1st ed. Sevenoaks, Kent: Hodder and Stoughton. OCLC 637940121

External links

Treaties and Selected other International Instruments – Resources

United Nations Treaty Collection

* UN Treaty Collection – Treaty Guide

TreatyLaw.org is a dedicated web site featuring academic papers and resources

UN Cyberschoolbus – UN Core Treaties

The International Law of Treaties

ISEA International Energy Treaties

Treaties from ''UCB Libraries GovPubs''

Resource Guide on Treaties from the American Society of International Law

Treaty Affairs at the United States Department of State

Treaties Office at the European Union

Treaties Section of the UK Foreign and Commonwealth Office

Ecuadorian Treaties

*

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Name	Nigel Farage
Honorific-suffix	MEP
Office	Europe of Freedom and Democracy President
Term start	1 July 2009 (de facto)
Predecessor	(post established)
Office	Leader of the United Kingdom Independence Party
Term start	5 November 2010
Predecessor	Jeffrey Titford
Term start1	27 September 2006
Term end1	27 November 2009
Predecessor1	Roger Knapman
Successor1	Lord Pearson of Rannoch
Constituency mp2	South East England
Parliament2	European
Term start2	15 July 1999
Birth date	April 03, 1964
Birth place	Kent, England, United Kingdom
Nationality	British
Party	UK Independence Party
Spouse	Gráinne Hayes (1988-?, divorced)Kirsten Mehr (1999-present)
Children	4
Alma mater	Dulwich College
Website	Nigel Farage MEP
Footnotes	}}

Nigel Paul Farage (; ; born 3 April 1964) is a British politician and is the Leader of the UK Independence Party (UKIP), a position he previously held from September 2006 to November 2009. He is a current Member of the European Parliament for South East England and co-chairs the Eurosceptic Europe of Freedom and Democracy group.

Farage was a founding member of the UKIP, having left the Conservative Party in 1992 after they signed the Maastricht Treaty. Having unsuccessfully campaigned in European and Westminster parliamentary elections for UKIP since 1994, he gained a seat as an MEP for South East England in the 1999 European Parliament Election — the first year the regional list system was used — and was re-elected in 2004 and 2009. Farage describes himself as a libertarian and rejects the notion that he is a conservative.

In September 2006, Farage became the UKIP Leader and led the party through the 2009 European Parliament Election in which it received the second highest share of the popular vote, defeating Labour and the Liberal Democrats with over two million votes. However he stepped down in November 2009 to concentrate on contesting the Speaker John Bercow's seat of Buckingham in the 2010 general election.

At the 2010 General Election, Farage failed to unseat John Bercow and received only the third highest share of the vote in the constituency. Shortly after the polls opened on 6 May 2010, Nigel Farage was injured in an aircraft crash in Northamptonshire. The two-seated PZL-104 Wilga 35A had been towing a pro-UKIP banner when it flipped over and crashed shortly after takeoff. Both Farage and the pilot were hospitalised with non-life-threatening injuries.

In November 2010, Farage successfully stood in the 2010 UKIP leadership contest, following the resignation of its leader, Lord Pearson of Rannoch. Farage was also ranked 41st (out of 100) in ''The Daily Telegraph'''s Top 100 most influential right-wingers poll in October 2009, citing his media savvy and his success with UKIP in the European Elections. Farage was ranked 58th in the 2010 list compiled by Iain Dale and Brian Brivati for the Daily Telegraph.

Background

Farage was educated at Dulwich College before joining a commodity brokerage firm in London. He ran his own brokerage business from the early 1990s until 2002. In his early 20s Farage was diagnosed with testicular cancer but made a full recovery.

Farage has been married twice. He married Gráinne Hayes in 1988, with whom he had two children: Samuel (1989) and Thomas (1991). In 1999 he married Kirsten Mehr, a German national, by whom he has two more children, Victoria (born 2000) and Isabelle (born 2005).

Farage has also penned his own memoirs, entitled "Fighting Bull." It outlines the founding of UKIP and his personal and political life so far.

Political career

Conservative Party

Active in the Conservative Party from his school days, Farage left the party in 1992 when John Major's government signed the Treaty on European Union at Maastricht.

UKIP and the European Parliament

Farage became a founding member of UKIP in 1993.

He was elected to the European Parliament in 1999 and re-elected in 2004 and 2009. Farage is presently the leader of the thirteen-member UKIP contingent in the European Parliament, and co-leader of the multinational eurosceptic group, Europe of Freedom and Democracy.

UKIP party leadership

On 12 September 2006, Farage was elected leader of UKIP with 45% of the vote, 20% ahead of his nearest rival. He pledged to bring discipline to the party and to maximise UKIP's representation in local, parliamentary and other elections. In a PM programme interview on BBC Radio 4 that day he pledged to end the public perception of UKIP as a single-issue party and to work with allied politicians in the Better Off Out campaign, committing himself not to stand against the MPs who have signed up to that campaign (ten in all at this moment).

At his maiden speech to the UKIP conference on 8 October 2006, he told delegates that the party was "at the centre-ground of British public opinion" and the "real voice of opposition". Farage said: "We've got three social democratic parties in Britain — Labour, Lib Dem and Conservative are virtually indistinguishable from each other on nearly all the main issues" and "you can't put a cigarette paper between them and that is why there are nine million people who don't vote now in general elections that did back in 1992."

At 10pm on 19 October 2006, Farage took part in a three-hour live interview and phone-in with James Whale on national radio station talkSPORT. Four days later, Whale announced on his show his intention to stand as UKIP's candidate in the 2008 London Mayoral Election. Farage said that Whale "not only has guts, but an understanding of what real people think". However Whale later decided not to stand and UKIP was represented by Gerard Batten. He stood again for UKIP leadership in 2010 after his successor Lord Pearson stood down. On the 5th November 2010 it was announced Farage had won the leadership contest.

Westminster elections

Farage had unsuccessfully contested UK parliamentary elections for UKIP five times, both before and after his election as an MEP in 1999. Under the 2002 European Union decision to forbid MEPs from holding a dual mandate, if he was ever elected to the House of Commons, he would have to resign his seat as an MEP.

When he contested the Bromley & Chislehurst constituency in a May 2006 by-election, organised after the sitting MP representing it, eurosceptic Conservative Eric Forth, died, Farage came third, winning 8% of the vote, beating the Labour Party candidate. This was the second-best by-election result recorded by UKIP out of 25 results, and the first time since the Liverpool Walton by-election in 1991 that a party in government had been pushed into fourth place in a parliamentary by-election on mainland Britain.

2010 UK General election

On 4 September 2009 Farage resigned as leader of UKIP to concentrate on his campaign to become Member of Parliament for Buckingham at Westminster in the 2010 general election. He later told Times journalist Camilla Long that UKIP internal fights took up too much time.

He stood against Buckingham MP John Bercow, the newly elected Speaker of the House of Commons, despite a convention that the speaker, as a political neutral, is not normally challenged in his or her bid for re-election by any of the major parties.

On 6 May, on the morning the polls opened in the election, just before eight o'clock Farage was involved in a light aircraft crash, suffering injuries described as non-life-threatening. A spokesperson told the BBC that "it was unlikely Mr Farage would be discharged from hospital today [6 May] Although his injuries were originally described as minor, his sternum and ribs were broken, and his lung punctured. The Air Accident Investigation Branch (AAIB) report said that the aeroplane was towing a banner, which caught in the tailplane, forcing the nose down.

Farage came third with 8,401 votes. Bercow was re-elected, and John Stevens, a former Conservative MEP (Defected to Lib-Dems), who campaigned with "Flipper the Dolphin" (a reference to MPs flipping second homes) came second with 10,331.

On 1 December 2010, the pilot of the aircraft involved in the accident was charged with threatening to kill Farage. He was also charged with threatening to kill an AAIB official involved in the investigation into the accident. In April 2011, Justin Adams was found guilty of making death threats. The judge said the defendant was "clearly extremely disturbed" at the time the offences happened adding "He is a man who does need help. If I can find a way of giving him help I will."

Alternative Vote referendum, May 2011

Farage declared himself personally in favour of the Alternative Vote system of May 2011, saying first-past-the-post is a "nightmare" for UKIP. However, the party's stance has to be decided by its central policy making committee.

Controversies and whistleblowing

Copyright infringement

In 1999 the BBC spent four months filming a documentary about his European elections campaign but didn't show it. Farage, then head of UKIP's South East office, asked for a video and got friends to make illegal copies which were sold for £5 through the UKIP magazine. Surrey Trading Standards investigated and Farage has admitted the offence.

Expenses disclosure

In May 2009, ''The Guardian'' reported that Farage had said in a speech to the Foreign Press Association that over ten years as a member of the European Parliament he received and spent nearly £2 million of taxpayers' money in expenses and allowances, on top of his £64,000 a year salary.

The former Europe Minister, Denis MacShane, said that this showed that Farage was "happy to line his pockets with gold". Farage called this a "misrepresentation", pointing out that the money had been used to promote UKIP's message, not salary, but he welcomed the focus on the issue of MEP expenses, claiming that "[o]ver a five year term each and every one of Britain's 78 MEPs gets about £1 million. It is used to employ administrative staff, run their offices and to travel back and forth between their home, Brussels and Strasbourg." He also pointed out the money spent on the YES campaign in Ireland by the European Commission was "something around 440 million", making the NO campaign's figure insignificant in comparison.

Jacques Barrot

On 18 November 2004, Farage announced in the European Parliament that Jacques Barrot, the French Commissioner designate, had been barred from elected office in France for 2 years, after being convicted in 2000 of embezzling £2 million from government funds and diverting it into the coffers of his party. He claimed that French President Jacques Chirac had granted Barrot amnesty. Although initial BBC reports claimed that, under French law, it was illegal even to mention the conviction, the prohibition in question only applies to French officials in the course of their duties. The president of the Parliament, Josep Borrell, enjoined him to retract his comments under threat of "legal consequences".However, the following day it was confirmed that Barrot had received an 8 month suspended jail sentence in the case, and that this had been quickly expunged by the amnesty decided by Chirac and his parliamentary majority. The Commission's president, Jose Manuel Barroso admitted that he had not known of Barrot's criminal record when appointing him as a Commission vice-president. The Socialist and Liberal groups in the European Parliament then joined UKIP in demanding the sacking of Barrot for failing to disclose the conviction during his confirmation hearings.

José Manuel Barroso

During the spring of 2005, Farage requested that the European Commission disclose where the individual Commissioners had spent their holidays. The Commission did not provide the information requested, on the basis that the Commissioners had a right of privacy. The German newspaper ''Die Welt'' reported that the President of the European Commission, José Manuel Barroso had spent a week on the yacht of the Greek shipping billionaire Spiro Latsis. It emerged soon afterwards that this had occurred a month before the Commission under Barroso's predecessor Romano Prodi approved 10.3 million euro of Greek state aid for Latsis' shipping company. It also became known that Peter Mandelson, then a member of the Commission, had accepted a trip to Jamaica from an unrevealed source.

Farage persuaded around 75 MEPs from across the political divide to back a motion of no confidence in Barroso, which would be sufficient to compel Barroso to appear before the European Parliament to be questioned on the issue. The motion was successfully tabled on 12 May 2005, and Barroso appeared before Parliament at a debate on 26 May 2005. The motion was heavily defeated. A Conservative MEP, Roger Helmer, was expelled from his group, the European People's Party - European Democrats (EPP-ED) in the middle of the debate by that group's leader Hans-Gert Poettering as a result of his support for Farage's motion.

Joseph Daul

In January 2007, the French farmers' leader Joseph Daul was elected the new leader of the European People's Party–European Democrats (EPP-ED), the European Parliamentary grouping which then included the British Conservatives. The UK Independence Party almost immediately revealed that Daul had been under judicial investigation in France since 2004 as part of an inquiry into the alleged misuse of public funds worth €16 million (£10.6 million) by French farming unions." It was not suggested that Daul had personally benefited, but was accused of "complicity and concealment of the abuse of public funds." Daul accused Farage of publicising the investigation for political reasons and threatened to sue Farage, but did not do so though the court dropped all charges against him.

Prince Charles

Prince Charles gave a speech to the European Parliament on 14 February 2008, in which he called for EU leadership in the war against climate change. During the standing ovation that followed, Farage was the only MEP to remain seated and went on to describe the Prince's advisers as "naïve and foolish at best." Farage continued: "How can somebody like Prince Charles be allowed to come to the European Parliament at this time to announce he thinks it should have more powers? It would have been better for the country he wants to rule one day if he had stayed home and tried to persuade Gordon Brown to give the people the promised referendum [on the Treaty of Lisbon]." The leader of the UK Labour Party's MEPs, Gary Titley, accused Farage of anti-Royalism. Titley said: "I was embarrassed and disgusted when the Leader of the UK Independence Party, Nigel Farage, remained firmly seated during the lengthy standing ovation Prince Charles received. I had not realised Mr Farage's blind adherence to right wing politics involved disloyalty and discourtesy to the Royal Family. He should be thoroughly ashamed of himself and should apologise to the British people he represents."

Herman Van Rompuy

After the speech of Herman Van Rompuy on 24 February 2010 in the European parliament, Farage—to protests from other MEPs—addressed the first long-term President of the European Council saying that he has the "charisma of a damp rag and the appearance of low grade bank clerk", also asserting that Van Rompuy's "intention is to be the quiet assassin of European democracy and of European nation states." He also referred to Belgium as a "non-country", and that "nobody in Europe" knows who Van Rompuy is, nor how he was elected. Van Rompuy commented afterwards, "There was one contribution that I can only hold in contempt, but I'm not going to comment further." After refusing to apologise for behaviour that was, in the words of the President of the European Parliament, Jerzy Buzek, "inappropriate, unparliamentary and insulting to the dignity of the House", Farage was reprimanded and had his right to ten days' allowance (expenses) rescinded. The President of the European Parliament, Jerzy Buzek, said after his meeting with Farage:- 'I defend absolutely Mr Farage's right to disagree about the policy or institutions of the Union, but not to personally insult our guests in the European Parliament or the country from which they may come. [. . .] I myself fought for free speech as the absolute cornerstone of a democratic society. But with freedom comes responsibility - in this case, to respect the dignity of others and of our institutions. I am disappointed by Mr Farage's behaviour, which sits ill with the great parliamentary tradition of his own country. I cannot accept this sort of behaviour in the European Parliament. I invited him to apologise, but he declined to do so. I have therefore - as an expression of the seriousness of the matter - rescinded his right to ten days' daily allowance as a Member'. Questioned by Camilla Long in the article entitled "brimming over with bile and booze" in which she appeared to make light over his fight against cancer, Farage declared it wasn't abusive, it was right.

Views on the Euro

From taking office as a UKIP MEP in 1999 Farage has often voiced opposition to the "Euro project". His argument is that "a one size fits all interest rate" can not work for countries with structually different economies, often using the example of Greece and Germany to emphasise contrast. He predicted the need for 'bail outs' before European Commission and European Central Bank officials admit that these are necessary. Farage predicted that Greece, Ireland, Portugal and Spain would all require such assistance. To date Spain is the only predicted country that have not asked for a 'bail out' but Farage warns: "You can ignore the markets if you want to but in time the markets will not ignore you". Farage also reinforces Germany's argument that Italy "should never have joined the Euro" but has not explicitly predicted the need for similar assistance. Farage predicts that if the situation continues it will lead to violence due to the peoples inability to "determine their own futures through the ballot box" as it will become the only "logical" tool to enable them to escape from their "economic prison" i.e. The Eurozone. He proclaims "I can only hope and pray that the euro project is destroyed by the markets before that really happens." Farage strongly opposes the use of 'bail outs' and claims "buying your own debt with tax payers money" will not solve the problem and that "if we do the next debt crisis won't be a country" "it will be the European Central Bank its self".

Electoral performance

Nigel Farage has contested several elections under the United Kingdom Independence Party banner:

Itchen, Test and Avon, European Parliament Election 1994 - 12,423 votes, representing 5.2% of total votes cast

Eastleigh by-election, 1994 - 952, 1.4%

Salisbury, 1997 general election - 3,332, 5.7%

European Parliament election, 1999 - elected member for South East England from party list

Bexhill and Battle, 2001 general election - 3,474, 7.8%

European Parliament election, 2004 - elected member for South East England from party list

South Thanet, 2005 general election - 2,079, 5.0%

Bromley and Chislehurst by-election, 2006 - 2,307, 8.0%

European Parliament election, 2009 - elected member for South East England from party list.

Buckingham, 2010 general election - 8,410, 17.4%

Footnotes

References

2002 Amnesty law

Penal Code, articles L133-9, L133-10, L133-11

External links

UKIP profile

Profile at European Parliament website

Official website of the UK Independence Party in the European Parliament

Political group in the European Parliament

Category:1964 births Category:Living people Category:United Kingdom Independence Party politicians Category:Members of the European Parliament for English constituencies Category:Critics of the European Union Category:People from Farnborough, London Category:Old Alleynians Category:Leaders of the United Kingdom Independence Party Category:British libertarians Category:UK Independence Party MEPs Category:MEPs for the United Kingdom 1999–2004 Category:MEPs for the United Kingdom 2004–2009 Category:MEPs for the United Kingdom 2009–2014

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