peror of China to the Government, public officers, citizens or subjects of any other nation.

"In like manner, the Government, public officers, and subjects of the Empire of China shall enjoy in Peru all the rights, privileges, immunities and advantages of every kind which in Peru are enjoyed by the Government, public officers, citizens, or subjects of the most favored nation." "

As a further illustration, take the Treaty with Switzerland:

"It is understood that a Treaty of Establishment and Commerce shall be negotiated in due time. Until such a treaty shall have been concluded, the citizens of the High Contracting Parties shall in all respects enjoy the same privileges and immunities as are now or may hereafter be granted to the subjects of the most favored nation." 998

The third form is the conditional. It signifies that favors granted conditionally must be shared only upon the fulfillment of the conditions specified.

"If any concession is granted by the Chinese Government to any foreign Government under special conditions, Portugal, on claiming the same concession for herself and for her own subjects, will equally assent to the conditions attached to it."

The fourth form relates to the special treatment arising out of geographical contiguity or propinquity. That is, the special treatment is accorded only for the sake of geographical relations or positions, while the other Powers, though enjoying the most favored nation treatment, cannot share the same except upon fulfilling the same geographical relation or propinquity. For example:

"Il est entendu que la France jouira de plein droit, et sans qu'il soit besoin de négociations préambles, de tous

les privilèges et immunités, de quelque nature qu'ils soient, et de tous les avantages commerciaux qui fourraient être accordés dans la suite à la nation la plus favorisée par des traités ou conventions ayant pour objet le règlement des rapports politiques ou commerciaux entre la Chine et les pays situés au sud et sudouest de l'empire chinois." 10

As a further illustration:

"It is agreed that the commercial stipulations contained in the present convention being of a special nature and the result of mutual concessions, consented to with a view to adapting them to local conditions and the peculiar necessities of the Burma-China overland trade, the advantages accruing from them shall not be invoked by the subjects of either Power residing at other places where the empires are coterminous, excepting where the same conditions prevail, and then only in return for similar concessions." 11

Similarly

"the Governments of Japan and China engage that in all that relates to frontier trade between Manchuria and Corea most favored nation treatment shall be reciprocally extended."

14

" 12

Among the Powers having treaty relations with China those having unilateral and unqualified provisions and not modified by subsequent treaties are Belgium,13 Denmark, Norway, 15 France, 16 Netherlands,17 Russia,18 Spain.19A The states having the reciprocal form of the most favored nation treatment in China are (AustriaHungary 19B), Brazil,20 Congo Free State, 21 Mexico,22 Peru,28 Sweden,24 and Switzerland.25 The state having the conditional form of the most favored nation treatment is Portugal.25A Those states enjoying special treatment on account of geographical continguity are those states. having territories coterminous with that of China: namely,

Great Britain,26 France,27 Russia,28 and Japan." Italy, however, is in a special class: she stipulated, in the Treaty of October 26, 1866, the unilateral and unqualified form of the most favored nation treatment,30 but with this additional engagement:

"Similmente, se alcune delle Potenze Europu facesse alla China qualche utill concessione, la quale non fosse preguidice-vole ag'l'interesse del Governo o dei sudditi Italiani, il Governo de Sua Maesta' il Re' farebbe oqui sforzo per adorirvi."

The Great Powers, except Russia and France, enjoying the unconditional and unilateral form of the most favored nation treatment, have all passed through successive stages of modification. Great Britain began with the unilateral and unqualified form, as we have seen in Article 8 of the treaty of October 8, 1843, which was again confirmed by Article 54 of the treaty of Tientsin, June 26, 1858,31 but by Article 1 of the supplementary convention of October 23, 1869, she assented to the conditional form:

"China having agreed that British subjects shall participate in all advantages accorded by treaty to the subjects of other Powers, it is further agreed that British subjects desiring to participate in the advantages accorded by treaty to the subjects of other Powers shall participate in such advantages on the same conditions on which they have been accorded to, and are participated in by, the subjects of such other Powers." 32

In the subsequent treaty of March 1, 1894, relative to Burma and China, she conceded the reciprocal form, provided, however, that the language employed therein could be interpreted to include, not only Burma and the parts of China continguous thereto, but the whole of Great Britain and China:

"It is agreed that subjects of the two Powers shall each within the territories of the other enjoy all the privileges, immunities, and advantages that may have been, or may hereafter be, accorded to the subjects of any other nation." 33

Likewise, the United States began with a unilateral and unqualified form, as we have seen in Article 2 of the Treaty of Wanghia, July 3, 1844,34 but in the Treaty of July 28, 1868, she permitted the reciprocal form to be used:

"Citizens of the United States visiting or residing in China shall enjoy the same privileges, immunities, or exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nations: and, reciprocally, Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immur ities or exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation;

1935

covering the rights of education and the establishment of educational institutions (Art. 7), but excepting the right of naturalization (Art. 6). While there is no treaty stipulation conceding the conditional form, it is reasonable to believe, inasmuch as the United States has persistently maintained the interpretation of the most favored nation treatment, that, in absence of any qualification, the provision is to be construed as implying the limitation of conditions or concessions, so that there is no necessity for any express provision in the treaty. Hence, as the United States maintains that rule of interpretation, it is within reason to believe that the United States will, to be consistent, construe her treaty stipulations as conditional or qualified, even in the absence of specific mention of qualifications or conditions.

Similarly, Japan commenced with a unilateral or un

qualified form, as we find in Article 6 of the Treaty of April 17, 1895,36 and in Articles 9 and 25 of the Treaty of July 21, 1896.37 In the treaty of commerce, October 8, 1903, however, she conceded the reciprocal treatment:

"It is hereby expressly stipulated in addition that the Japanese Government, officers, subjects, commerce, navigation, shipping, industries, and properties of all kinds shall be allowed free and full participation in all privileges, immunities, and advantages which have been or may hereafter be granted by His Majesty the Emperor of China or by the Chinese Government or by the provincial or local administrations of China to the Government, officers, subjects, commerce, navigation, shipping, industries, or property of any other nation.

"The Japanese Government will do its utmost to secure to Chinese officers and subjects, residents in Japan, the most favorable treatment compatible with the laws and regulations of the empire." 38

Germany also set out with a unilateral and unqualified form.39 In the subsequent supplementary convention of March 31, 1880, however, she agreed to the conditional form, engaging to observe the necessary regulations attached to the privileges, favors, or immunities:

"Article XL (referring to most favored nation treatment, quoted above) of the Treaty of the 2nd September, 1861, is not affected by this regulation, and is hereby expressly confirmed.

"Should German subjects, on the strength of this article, claim privileges, immunities or advantages which the Chinese Government may further concede to another Power, or the subjects of such Power, they will also submit to the Regulations which they have agreed upon in connection with such concession." 40

Turning now to the interpretation and the limitations of the most favored nation treatment, we find that there are two schools of interpretation. The first school is that