Legal Phases of the Shantung Question

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Legal Phases of the Shantung Question
Harold Scott Quigley
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In a letter responding to an inquiry from a friend of the writer he wrote : "The English versions that have been published . . . Are not ac- curate. They are even more favorable to Germany than the Ger- man text of the agreement, while the Chinese text is distinctly less favorable to Germany than is the German text . . . From this it is easy to infer that, in the case of those who have sought to treat the Chinese leases as 'disguised cessions, ' the wish has been father to the thought. Personal...ly I am not inclined to ac- cord to governments, any more than to individuals, the benefit of the doubt in the interpretation of instruments the acceptance of which they impose upon others by force. '"" As would be anticipated, Chinese writers are strict construction- ists. M. T. Z. Tyau regards the leases granted by China as "a species of international servitudes" to be "construed strictly against the Ijeneficiary states. '"' \\'en Sze King takes the same view. "' From the foregoing summary of opinion regarding the na- ture of the leases of which that of Kiaochao is typical, the neces- sary conclusion from the legal standpoint is that they are what they are entitled, leases for a definite term of years, to be sur- rendered at the expiration of the term.

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