CAB129-45 — Page 228

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BRITISH DRAFT

Page(The treatment to be accorded by Japan to a Rageal person is a national of such a United Nation shall be determined by reference to the treatment accorded in the territory in which such national is ordinarily resident to Japanese nationals. Any such natural person who is ordinarily resident outside both the metropolitan and non-metropolitan territory of that United Nation shall be regarded as ordinarily resident in the metropolitan territory of that United Nation.

(iii) Juridical persons constituted under the laws of the metropolitan territory of any one of the United Nations or of any non-metropolitan territory for whose international relations any one of the United Nations is responsible shall be treated as nationals of that metropolitan or non-metropolitan territory, as the case may be.

(iv) A vessel of such a United Nation shall be regarded as a vessel of the territory in which it is registered.

4. The exercise by any party to the present treaty of any right conferred upon it by the treaty in relation to Japanese property, assets, rights or interests shall not be a ground for claiming absence of reciprocity entitling Japan to withhold the treatment provided for in this Article.

Section II.—Civil Aviation

ARTICLE 33

1. Pending the coming into force of Civil Air Transport Agreements between individual United Nations and Japan, Japan shall, in all matters concerning civil aviation, grant to each of the United Nations unconditional most-favoured-nation treatment, or not less favourable air traffic rights and privileges than they enjoyed immediately before the coming into force of the present treaty, whichever is the more favourable.

2. In making bilateral or multilateral agreements relating to International Air Transport with any of the United Nations, Japan shall grant or exchange air traffic rights and privileges on a liberal and non-restrictionist basis, subject in each case to reciprocity.

Section III.-Fisheries

ARTICLE 34

1. Japan hereby undertakes to participate in any general negotiations that may be entered into hereafter for the conclusion of a Far Eastern Fisheries Conven- tion for the regulation of fishing and fishing grounds in Far Eastern waters.

2. Pending the conclusion of such negotiations Japan undertakes not to permit Japanese nationals or Japanese registered vessels to fish in conserved fishing grounds wherever they may be situated..

Part VIII.-Settlement of Disputes

ARTICLE 35

1. If in the opinion of any of the contracting parties there has arisen a dispute concerning the interpretation or execution of Articles 23, 24, 25, 26, 30 and Annexes II, III and V, the dispute shall be referred to a special tribunal consisting of

members appointed by the President of the International Court of

Justice.

2. If in the opinion of any of the contracting parties there has arisen a dispute concerning the interpretation or execution of any of the other Articles of the present treaty the dispute, if not settled through the diplomatic channel within two months of the date when either party notifies its existence to the other, shall be referred at the request of either party to the International Court of Justice.

Part IX.-Miscellaneous Clauses

War Graves

ARTICLE 36

Japan shall recognise any commission, delegation or other organisation authorised by any of the Allied and Associated Powers to identify, list, maintain Faregulate dfs 58ær graves, cemeteries and memoriaßaire Japanese Berritory; shall

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AMERICAN DRAFT

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