Page:United States Statutes at Large Volume 62 Part 2.djvu/1283

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INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. Post, p. 2575. 3. The Government of the Republic of Turkey, directly and through its representatives on the Organization for European Economic Cooperation, will extend full cooperation to the Special Mission, to the United States Special Representative in Europe and his staff, and to the members and staff of the Joint Committee. Such cooperation shall include the provision of all information and facilities necessary to the observation and review of the carrying out of this Agreement, including the use of assistance furnished under it. ARTICLE IX Settlementof'laims 1. The Governments of the United States of America and the Republic of Turkey agree to submit to the decision of the International Court of Justice any claim espoused by either Government on behalf of one of its nationals against the other Government for compensation for damage arising as a consequence of governmental measures (other than measures concerning enemy property or interests) taken after April 3, 1948, by the other Government and affecting property or interest of such national, including contracts with or concessions granted by duly authorized authorities of such other Government. It is understood that the undertaking of each Government in respect of claims espoused by the other Government pursuant to this para- graph is made in the case of each Government under the authority of and is limited by the terms and conditions of such effective recognition as it has heretofore given to the compulsory jurisdiction of the International Court of Justice under Article 36 of the Statute 59 Stat. 060. of the Court. The provisions of this paragraph shall be in all respects without prejudice to other rights of access, if any, of either Government to the International Court of Justice or to the espousal and presentation of claims based upon alleged violations by either Government of rights and duties arising under treaties, agreements or principles of international law. Post, p. 2575. 2. The Governments of the United States of America and of the Republic of Turkey further agree that such claims may be referred, in lieu of the Court, to any arbitral tribunal mutually agreed upon. 3. It is further understood that neither Government will espouse a claim pursuant to this Article until its national has exhausted the remedies available to him in the administrative and judicial tribunals of the country in which the claim arose. ARTICLE X cou"rn icipatin As used in this Agreement the term "participating country" means (i) any country which signed the Report of the Committee of European Economic Cooperation at Paris on September 22, 1947, [1] and territories for which it has international responsi- bility and to which the Economic Cooperation Agreement concluded between that country and the Government of the United States of America has been applied, and I Department of State publication 2930. 2572