페이지 이미지
PDF
ePub

Differences relative to the nationality of individuals are expressly withheld from arbitration.

ARTICLE 2. In each case the high contracting parties will sign a special compromise which shall fix the object of the case, and, if there is need, the seat of the tribunal, the language which it shall use and those whose use shall be allowed before it, the amount that each party must deposit in advance for expenses, the procedure and the dates for the constitution of the tribunal and for the exchange of the memorials and documents, and in general all the conditions upon which they may agree.

In the absence of a compromis, the arbitrators, appointed in accordance with the rules established in Articles 3 and 4 of the present treaty, shall pass full judgment on the claims that may be submitted to them.

Moreover and in the absence of a special agreement, the provisions established in the convention for the pacific settlement of international disputes signed at The Hague July 29, 1899, shall be applied with the modifications and additions contained in the following articles.

ARTICLE 3. Unless otherwise stipulated the tribunal shall be composed of three members. The two parties shall each nominate one, chosen preferably from the list of members of the Permanent Court established by the said convention of The Hague and they shall agree on the choice of the third arbitrator. If agreement on this point is not possible, the parties will have recourse to a third Power, in order that it may make the designation, and in default of agreement also on this point, a request shall be made of her majesty the Queen of the Netherlands or her successors.

The third arbitrator shall be chosen from the list of the members of the said Permanent Court. He shall not be a national of either party, nor have domicile or residence in their territories.

The same person can not act as third arbitrator in two consecutive cases.

ARTICLE 4. When the parties do not agree upon the constitution of the tribunal, the arbitral functions shall be conferred upon a single arbitrator, who, unless otherwise stipulated, shall be named according to the rules established in the preceding article for the nomination of the third arbitrator.

ARTICLE 5. The arbitral judgment is pronounced by a majority of votes; and any mention of the dissent of one arbitrator is excluded.

The judgment is signed by the president and by the secretary, or by the single arbitrator.

ARTICLE 6. The arbitral judgment decides the case definitely and without appeal.

Nevertheless, the tribunal or the arbitrator who has pronounced the judgment can, before it is executed, hear an application for revision in the following cases :

1st. If judgment has been based upon false or erroneous documents.

2nd. If the judgment is vitiated, in whole or in part, by an error in fact resulting from the acts or documents of the case.

ARTICLE Y. Every difference which may arise between the parties respecting the interpretation or the execution of the judgment, shall be submitted to the same tribunal or arbitrator that has pronounced it.

ARTICLE 8. The present treaty in written in the Italian, Spanish and French languages.

The high contracting parties declare that, in case of doubt, they will consider the French text as the correct one.

ARTICLE 9. The present treaty shall be ratified and the ratifications shall be exchanged at Rome as soon as possible.

It shall endure for ten years from the date of exchange of ratifications. If it is not denounced six months before the date of expiration, it shall be understood as renewed for a new period of ten years, and so on.

In faith of which the plenipotentiaries have subscribed to the present treaty and have affixed thereto their seals.

Signed and sealed at The Hague, in duplicate, in the hall of the sessions of the Second Peace Conference, September 18, 1907.

(L. S. ROQUE SAENZ PEÑA.
(L. s.) Luis M. DRAGO.
(L. S.) C. RODRIGUEZ LARRETA.
(L. S.) G. TORNIELLI.
(L. S.) G. POMPILJ.
(L. S.) G. FUSINATO.

JAPANESE LAW RELATING TO FOREIGNERS' RIGHT OF OWNERSHIP IN LAND.

Official Gazette, April 13, 1910.

ARTICLB I. Foreigners domiciled or resident in Japan and foreign juridical persons registered therein shall enjoy the right of ownership in land, provided always that in the countries to which they belong such right is extended to Japanese subjects and Japanese juridical persons; and provided further in case of foreign juridical persons, that they shall obtain permission of the Minister for Home Affairs in acquiring such ownership.

The foregoing provisions shall be applicable only to foreigners and foreign juridical persons belonging to the countries to be designated by Imperial Ordinance.

ARTICLE II. Foreigners and foreign juridical persons shall not be capable of enjoying the right of ownership in land in the following districts:

1. Hokkaido.
2. Formosa.
3. Karafuto.
4. Districts necessary for national defence.

The districts coming under No. 4 of the preceding paragraph shall be designated by Imperial Ordinance.

ARTICLE III. In case a foreigner or a foreign juridical person owning land ceases to be capable of enjoying the right of ownership in land, the ownership of such land shall accrue to the fiscus unless he disposes of it within a period of one year.

In case a foreigner, by reason of losing his domicile or residence in Japan, or a foreign juridical person, on account of withdrawing his business establishment or office from Japan, ceases to be capable of enjoying the right of ownership in land, the period mentioned in the pre ceding paragraph shall be five years.

If any land owned by a foreigner or foreign juridical person is situated within the district designated, under the last paragraph of the preceding article, as necessary for national defence, and if, in consequence, the ownership of such land accrues to the fiscus, the damages thereby caused to the former shall be compensated.

In the case of failure to arrive at an accord with regard to the amount cf compensation -mentioned in the preceding paragraph, a suit may be brought before an ordinary court of justice.

Supplementary Provisions.

ARTICLE IV. The date for putting the present law into force shall be determined by Imperial Ordinance.

ARTICLE V.
Edict No. 18 of the Sixth Year of Meiji is hereby abolished.

ARTICLE VI. The present law shall not apply to land in Formosa actually owned, at the time of its coming into force, by foreigners or foreign juridical persons, unless and until the ownership of such land shall have accrued to Japanese subjects or Japanese juridical persons.

ARTICLE VII.

In Law No. 67 of the thirty-second year of Meiji, the words “incapable of enjoying the right of ownership in land” shall be added after the words "a foreigner, mortgagee of a land."

[The law above quoted shall read, as amended, as follows:

“In case a foreigner, mortgagee of a land, incapable of enjoying the right of ownership in land, demands a sale by auction for the sake of obtaining a higher price, he shall attach a statement to such demand, that he will bear the difference between the price obtained at auction and a sum one-tenth higher than the price already offered by the purchaser, if such sum or a higher sum is not obtained at the auction.”]

ARTICLE VIII. In Article 990 of the Civil Code and in Law No. 94 of the thirtysecond year of Meiji, the words " has right which only a Japanese subject can hold ” shall be amended to read

ceases, in consequence thereof, to be capable of enjoying the rights which he has possessed," and the words “to a Japanese subject ” shall be suppressed.

[Article 990 (Paragraph 2) of the Civil Code as amended shall read :“ If the person (head of a house) who loses his nationality ceases, in consequence thereof, to be capable of enjoying the rights which he has possessed, those rights shall accrue to the heir of the house, unless the former head disposes of them within a period of one year.” Law No. 94 of the thirty-second year of Meiji as amended shall read:

“If a member of a house who loses his nationality ceases, in consequence thereof, to be capable of enjoying the rights which he has possessed, those rights shall accrue to the fiscus, unless he disposes of them within a period of one year.”]

TREATY OF COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND

JAPAN.1

Signed at London, April 3, 1911. His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of Japan, being desirous to strengthen the relations of amity and good understanding which happily exist between them and between their subjects, and to facilitate and extend the commercial relations between their two countries, have resolved to conclude a treaty of commerce and navigation for that purpose, and have named as their plenipotentiaries, that is to say:

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Right Honourable Sir Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His Majesty's Principal Secretary of State for Foreign Affairs;

And his Majesty the Emperor of Japan, his Excellency Monsieur Takaaki Kato, Jusammi, First Class of the Order of the Sacred Treasure, His Imperial Majesty's Ambassador Extraordinary and Plenipotentiary at the Court of St. James ;

Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles :

ARTICLE I. The subjects of each of the high contracting parties shall have full liberty to enter, travel, and reside in the territories of the other, and, conforming themselves to the laws of the country:

1 British Command Paper (Cd. 5556] Japan, No. 1 (1911).

« 이전계속 »