893.50 Recovery/6–2548: Telegram
The Secretary of State to
the Ambassador in China (Stuart)
Washington, June 25, 1948—8
p.m.
927. Following is text Article XI (Settlement of Claims of Nationals) as
indicated Deptel 920 June 24:
- “1. The Governments of the United States of America and
China agree to submit to the decision of the International
Court of Justice any claim espoused by either Government on
behalf of one of its nationals against the other Government
for compensation for damage arising as a consequence of
governmental measures (other than measures concerning enemy
property or interests) taken after April 3, 1948, by the
other Government and affecting property or interest of such
national, including contracts with or concessions granted by
duly authorized authorities of such other Government. It is
understood that the undertaking of each Government in
respect of claims espoused by the other Government pursuant
to this paragraph is made in the case of each Government
under the authority of and is limited by the terms and
conditions of such effective recognition as it has
heretofore given to the compulsory jurisdiction of the
International Court of Justice under Article 36 of the
Statute of the Court.31 The provisions of this
paragraph shall be in all respects without prejudice to
other rights of access, if any, of either Government to the
International Court of Justice or to the espousal and
presentation of claims based upon alleged violations by
either Government of rights and duties arising under
treaties, agreements or principles of international
law.
- 2. The Governments of the United States of America and
China further agree that such claims may be referred, in
lieu of the Court, to any arbitral tribunal mutually agreed
upon.
- 3. It is further understood that neither Government will
espouse a claim pursuant to this Article until its national
has exhausted the remedies available to him in the
administrative and judicial tribunals of the country in
which the claim arose.”
Article XI now in completely reciprocal terms. European Governments
insisted this only way article acceptable their parliaments. Since by U.
S. constitutional practice no agreement to international arbitration can
be made without Senate ratification, undertaking of U. S. must be
strictly limited by existing Senate acceptance compulsory jurisdiction
International Court as set forth Declaration of President to U. N.
August 14, 1946.32 In order make this
article reciprocal, therefore, necessary allow Chinese and other
governments having accepted compulsory jurisdiction of Court to limit
their undertakings by terms such declarations. Chinese declaration
deposited 26 October 1946.
