(c) submission to some other arbitral tribunal by agreement between the parties.

4. The first two procedures were mentioned in the case submitted to the Law Officers by the Colonial and Foreign Offices on the 14th May. It is apparent from paragraph 2 of the conclusions in the Law Officers' Report that, if the United Kingdom wishes to compel China to submit to the jurisdiction of the International Court in the case of Kowloon, it will be necessary for the United Kingdom to make a special declaration under Article 36 of the Statute of the Court, accepting the compulsory jurisdiction of the Court on behalf of the United Kingdom with reference to the dispute. A special declaration would emphasize the action of the United Kingdom in compelling China to go before the International Court. It would be one more factor which would engender the heat which normally follows from litigation instituted upon the application of one party against the wish of the other. Moreover, in practice the declaration would have to cover rather more than the specific dispute and it is possible that the device would not succeed if China proved to be obstinate in objecting to the jurisdiction of the Court.

5. There would probably not be much practical advantage or disadvantage as between courses (b) and (c) above. If a submission were made by agreement to the International Court the terms of reference would be subject to agreement between the parties in

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