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facilities for transit traffic are given in Annex Aj they are not exceptional, but typical and although the complainanta' account of the matter is not generally nocepted by the Customs officials it does not appear to be disputed that delay and damage has occurred for which no redress has apparently been obtainable.
IV.
It is the contention of H., Government that the present arrangements for transit traffic across Tonkin by the Haiphong-Yunnanfu Railway are not in accordance with the principles of the Freedom of Transit Convention which: la now generally accepted as setting the proper modern standard for the regime to be observed by all civilised states in the treatment of traffic in transit. The provisions of the statute to that Convention are in this respect both positive and negative. In the first plage Artiole 2 lays down that the measures taken by Contracting States for regulating and forwarding traffic across territory under their sovereignty or authority shali facilitate free transit by rail on routes in use convenient, for international transit. In the second place Article 3 requires that traffic in transit shall not be subject to any special dues in respect of transit, save only dues intended solely to defray expenses of supervision and administration entailed by such transit.
τε
is further laid down that the rate of any such dues must correspond as nearly as possible with the expenses which they are intended to cover. Thirdly the Statute. both in Article and in Article 3 prohibits any discrimination on the ground of nationality or origin or of any circumstances relating to the ownership of goods. Any permissible dues must be imposed also under these
conditions of equality for the same route.
/It
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