containa no reservations except that it ia made on the sole conditions of reciprocity. The declaration of the united Vingiom, made on the 38th February, 194, for a period of five years on a basis of reciprocity, remaina in force until notice of termination is given.
10. The United Kingdom declaration applies only to disputes arising after (th Pebmiary, 192', with regard to situations or flota mubeequent to the ase date. The present dispute, therefore, is excluded and the dispute could only be adjudicated by the International Court of Justice with the congent or the United KingdÃO. In deciding what procedure should be adopted, however, it is pertinent to consider whether the United Kingdom could submit the dispute to the International Jourt relying on Chinu'a declaration. Yould China be able to invoke the condition as to reciprocity in the Chinese declaration and the limitation in the United Kingdom declaration as providing a good ground for oppoaing the compulsory jurisdiction of the Interaational Court over the dispute?
Own
21. It is pointed out by Lauterpacht and by Hudson (Oppenheim's International Law, 6th ed. Vol. 11, p.55, Hudson,
Feraanent Court, p.468; that the reservation as to reciprocity is really superfluous because paragraph 2 of Article 38 of the statute states axpressly that the declara- tion accepting coupulsory jurisdiction is made "in relation to any other member or utate secepting the same obligation. This means, according to Hudson, that the Court'a jurisdic- tion applies only to the common ground covered by the applicants' and respondents' declarutione. onsequently, an application can only rely upon a declaration made by the other alde within the limitation set by the applicants declaration. Mugwon cites obiter diote fra two decisions of the geraanent Court of International Justice to this effect. It beame, therefore, that the recuit is that China, for example, could invoke our reservations against us.
The aw Officers will, however, recall that in the case of British Honduras, preciuclý because Y.K.0.'e general accep- tanec of the optional clause excluded situations and facts prior to 1980, H.2.0. deposited a further special acceptance of the optional clause covering all questions relating to the boundaries of that territory. If it were deemed expedient, H.M.0. could presumably deposit another special acceptance of the optional clause covering all queutions relating to the interpretation of the Treaty of 1898.
22. The legal basis of the claim of the Chinese Government is most fully stated in the Note of the 7th February, 1948, from the Chinuse ambassador to Vecretary of State for Foreign affairs vaper », No. 4). In this Bote the Chinese Government maintaine,inter alia, that the reservation of a spectal zone connected with the launed territories formed part of u general Chinese policy and wus not confined to Kowloon aiting in particular leases to Germany and Russia.
25. A kemorandum has been prepared by the Toreign Office Research Department regarding the terms of all the leases made by China in 1896 and 1899 to foreign cosers (iaper P). It will be seen that there were five auch leases in all, two to Great Britain and one to Germany, Russia and Trance respectively. it is submitted, however, that there exists
/ true...