Radio Corporation of America v China was a 1935 arbitral proceeding to determine whether a concession granted by the government of China (specifically the Chinese National Council of Reconstruction)[1] for operation of radio communications between the United States and China was exclusive and could be considered to prohibit a similar concession to another company.
Background
The Radio Corporation of America (RCA) was founded in 1919. At the time all radio or telegraphic traffic between China and the US, including official communications, was run through either German radio or British cables. Therefore, US Navy wanted a reluctant RCA to seek a concession in China (even though RCA's other Asian concessions were operating at a loss). RCA agreed and the transmitter was completed in 1928. When the Mackay Radio & Telegraph Company, also an American interest, signed a similar agreement with China in 1932, RCA claimed it was a breach of contract.[2]
Decision
The tribunal said the initial concession could not be construed as limiting the government's powers:[3]
The Chinese Government can certainly sign away a part of its liberty of action, and this also in the field of international radio-telegraphic communications, and of its cooperation therein. It can do so as well in an implicit manner, if a reasonable construction of its undertakings leads up to that conclusion. It will, as any other party, be bound by law and by any obligations, legally accepted. But as a sovereign government, on principle free in its restriction of its freedom of action, unless the acceptance can be ascertained distinctly and beyond a reasonable doubt.
References
^Grant, John P. (2009). Parry and Grant Encyclopaedic Dictionary of International Law. Oxford University Press. p. 496.
^Maurer, Noel (2013). The Empire Trap: The Rise and Fall of U.S. Intervention to Protect American Property Overseas, 1893-2013. Princeton University Press. ISBN9780691155821. Retrieved 16 January 2020.
^Krajewski, Markus. Research Handbook on Foreign Direct Investment. Edward Elgar. p. 296. ISBN9781785369858. Retrieved 16 January 2020.
January 31, 2023
radio, corporation, america, china, 1935, arbitral, proceeding, determine, whether, concession, granted, government, china, specifically, chinese, national, council, reconstruction, operation, radio, communications, between, united, states, china, exclusive, c. Radio Corporation of America v China was a 1935 arbitral proceeding to determine whether a concession granted by the government of China specifically the Chinese National Council of Reconstruction 1 for operation of radio communications between the United States and China was exclusive and could be considered to prohibit a similar concession to another company Background EditThe Radio Corporation of America RCA was founded in 1919 At the time all radio or telegraphic traffic between China and the US including official communications was run through either German radio or British cables Therefore US Navy wanted a reluctant RCA to seek a concession in China even though RCA s other Asian concessions were operating at a loss RCA agreed and the transmitter was completed in 1928 When the Mackay Radio amp Telegraph Company also an American interest signed a similar agreement with China in 1932 RCA claimed it was a breach of contract 2 Decision EditThe tribunal said the initial concession could not be construed as limiting the government s powers 3 The Chinese Government can certainly sign away a part of its liberty of action and this also in the field of international radio telegraphic communications and of its cooperation therein It can do so as well in an implicit manner if a reasonable construction of its undertakings leads up to that conclusion It will as any other party be bound by law and by any obligations legally accepted But as a sovereign government on principle free in its restriction of its freedom of action unless the acceptance can be ascertained distinctly and beyond a reasonable doubt References Edit Grant John P 2009 Parry and Grant Encyclopaedic Dictionary of International Law Oxford University Press p 496 Maurer Noel 2013 The Empire Trap The Rise and Fall of U S Intervention to Protect American Property Overseas 1893 2013 Princeton University Press ISBN 9780691155821 Retrieved 16 January 2020 Krajewski Markus Research Handbook on Foreign Direct Investment Edward Elgar p 296 ISBN 9781785369858 Retrieved 16 January 2020 Retrieved from https en wikipedia org w index php title Radio Corporation of America v China amp oldid 1085875893, wikipedia, wiki, book, books, library,
