Page:United States Statutes at Large Volume 57 Part 2.djvu/155

This page needs to be proofread.

pensation therefor. Should either country accord the rights of inland navigation or coasting trade to vessels of any third coun- try such rights would similarly be accorded to the vessels of the other country. The coasting trade and inland navigation of each country are excepted from the requirement of national treatment and are to be regulated according to the laws of each country in relation thereto. It is agreed, however, that vessels of either country shall enjoy within the territory of the other country with respect to the coasting trade and inland navigation treatment as favorable as that accorded to the vessels of any third country. It is mutually understood that the Government of the United States of America relinquishes the special rights which naval ves- sels of the United States of America have been accorded in the waters of the Republic of China and that the Government of the Republic of China and the Government of the United States of America shall extend to each other the mutual courtesy of visits by their warships in accordance with international usage and comity. It is mutually understood that questions which are not covered by the present treaty and exchange of notes and which may affect the sovereignty of the Republic of China shall be discussed by representatives of the two Governments and shall be decided in accordance with generally accepted principles of international law and with modern international practice. With reference to Article IV of the treaty, the Government of the Republic of China hereby declares that the restriction on the right of alienation of existing rights or titles to real property re- ferred to in that article will be applied by the Chinese authorities in an equitable manner and that if and when the Chinese Govern- ment declines to give assent to a proposed transfer the Chinese Government will, in a spirit of justice and with a view to preclud- ing loss on the part of American nationals whose interests are affected, undertake, if the American party in interest so desires, to take over the right or title in question and to pay adequate com- pensation therefor. It is mutually understood that the orders, decrees, judgments, decisions and other acts of the United States Court for China and of the Consular Courts of the United States of America in China shall be considered as res judicata and shall, when neces- sary, be enforced by the Chinese authorities. It is further un- derstood that any cases pending before the United States Court for China and the Consular Courts of the United States of America in China at the time of the coming into effect of this treaty shall, if the plaintiff or petitioner so desires, be remitted to the appropriate courts of the Government of the Republic of China which shall proceed as expeditiously as possible with their Naval vessels. Questions for future discussion. Real property China possessed U. S . nationals Government. Ante, p. 769. in by or U. S. Court for China. and Consular Courts. 790 [57 STAT. TREATIES