Oct, 31.
1 delegation to the Relations Conference has distributed a paper on extraterity in China by Professor J, Shotwell, a member of their delegation, which will form one of the bases' of discussion when the, subject of China's foreign relations, comes up for consideration in: the course of the next few days.
After pointing out that the recent! British and American replies to' the Chinese note on. extraterritoriality narrowed "the issue to dissatisfaction "with the Chinese judicial aystem, Professor Shotwell's paper tackles' this problem and offers a "suggested solution." 'The remedy lies, he says, in a more enlarged conception by' China of legal reform. Ready-made codes cannot but. prove incomplete and inadequate. Neither] European nations nor the United States depended on ready-made codes. Their present systems were! evolved slowly and according to} changing experience. China's system. should, therefore, be more than a cole. "The juristic claims of foreigners should be met, not.as a condition of their renunciation of extraterritoriality, but as a natural] completion of China's own legal reform.
The System Outlined Upon notification by China to the Powers of the inauguration of this enlarged reform, Professor Shot well continues, "negotiations might, proceed to the final point—formal Tenuneiation by the Powers of ex-
Professor Shotwell then proceeds in very general way a legal system which, he says, might be adopted experimentally for five or ten years after the termination of extraterritoriality. He proposes a number of special courts in half at least one court of appeal.
These courts would be for foreigners and Chinese alike. The term "courts" is used to indicate a complete. unit for the administration of justice, "It involves articulation, with) adequate measures, for the police and for lay enforcement, including a Satisfactory' adjustment with the political authorities, both local and. central, and some provision for appeal." China would have the right} to appoint judges or juri-consuls responsible for the administration of these courts, but the choice might be limited to selection from a panel of experts nominated cither by the World Court (of which China is a member) or the Hague Court of, Arbitration, but this panel should be drawn from lists prepared by the law associations of the countries Jconcerned in some agreed proportion.
Text read from the printed page and cleaned; old type leaves the occasional error.