On the theory that circumstances may make it desirable to act
expeditiously to bring about peace with Japan on the basis of a simple Treaty, Mr. Allison and I have drawn up
the annexed as a possible alternative to the long form previously
circulated,2 and on which we
should appreciate your comments.
[Attachment]
Preamble
Draft #2
The United States, _______ and _______, hereinafter called the Allied
and Associated Powers, and Japan, desire that henceforth their
relations shall be those of nations which, as sovereign equals,
cooperate in friendly association to promote their common welfare
and to maintain international peace and security.
Accordingly they have concluded this treaty.
Chapter I
peace
1. The Parties declare and agree that the state of war between them
is ended forthwith.
Chapter II
sovereignty
2. Subject to the provisions hereof and of any other relevant
treaties, the Allied and Associated Powers accept the full
sovereignty of the Japanese people, and their freely chosen
representatives, over Japan and its territorial waters.
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Chapter III
united nations
3. Japan, as a peace-loving nation prepared to accept the obligations
contained in the Charter of the United Nations, will promptly apply
for membership in that Organization and the Allied and Associated
Powers which are Members of the United Nations will support that
application.
Chapter IV
territory
4. Japan recognizes the independence of Korea and will base its
relation with Korea on the resolutions adopted by the United Nations
Assembly on December ____, 1948.
5. Japan accepts whatever decision may hereafter be agreed upon by
the United States, the United Kingdom, the Soviet Union and China
with reference to the future status of Formosa, the Pescadores,
Sakhalin south of 50° north latitude and the Kurile Islands. In the
event of failure in any case to agree within one year, the parties
of this treaty will accept the decision of the United Nations
General Assembly.
6. Japan accepts the action of the United Nations Security Council on
February ____, 1947 (?)3 with reference
to the trusteeship of former Japanese mandated islands and will
accept any decision of the United Nations which extends the
trusteeship system to all or part of Ryukyu and Bonin Islands.
Chapter V
security
[Here follow the security clauses of this draft. Though renumbered,
they are identical in substance to the draft security articles of
July 25, except as noted otherwise in footnotes 1, 2, and 3 thereto.
Text forms the attachment to the memorandum of July 27 from Mr.
Dulles to the Secretary, page 1260. The
“note” to that attachment does not appear in the present draft.]
Chapter VI
political clauses
11. Japan will continue to be a party, or if not now a party will
seek adherence, to the multilateral treaties and conventions
designed to prevent the misuse of narcotics, to conserve fish and
wildlife, to prevent traffic in women and children and in general
multilateral
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treaties
designed to promote the general welfare of the world community.
12. Pre-war bilateral treaties between the parties may be kept in
force or revived at the election of either party upon its
notification to the other within six months. Such bilateral treaties
shall be subject, however, to the provisions of Article 102 and 103
of the United Nations Charter and the provisions of this Treaty.
13. Japan renounces all special rights or interests in China.
14. Japan will respect the sentences imposed by military tribunals of
the Allied and Associated Powers on persons who are incarcerated in
Japan. The power to grant clemency, reduce sentences, parole and
pardon may be exercised by Japan only with the approval of the
Government or Governments which imposed the sentence in each
instance. In the case of the persons sentenced by the International
Military Tribunal for the Far East, such power may be exercised by
Japan upon the approval of a majority of the Governments represented
on the Tribunal.
Chapter VII
claims arising out of the war
15. Except as herein provided, the Allied and Associated Powers and
Japan reciprocally waive claims against each other for acts taken
during the state of war hereby ended.
16. Each of the Allied and Associated Powers will have the right to
retain and dispose of all Japanese property rights and interest
which were within its territory at any time between December 7, 1941
and September 2, 1945 excepting: (a) Property
used for diplomatic or consular purposes; and (b) Property belonging to religious, charitable, cultural
or educational institutions and used exclusively for non-political
purposes.
17. Japan will restore the property in Japan of the Allied and
Associated Powers and their nationals and, to the extent that this
property has been lost or damaged as a result of the war, will make
compensation in Yen equal to _______% of the amount necessary at the
time of payment (a) to purchase similar
property, or (b) to restore the property to
its condition on December 7, 1941.
18. Japan declares its readiness promptly to negotiate and conclude
with each of the Allied and Associated Powers treaties to put on a
stable and friendly basis the commercial, trading and trademark
relations between them. No such treaty shall extend to any one of
the Allied and Associated Powers treatment more favorable than that
extended to any other. Pending the conclusion of such treaties,
Japan will extend to the governments, nationals and properties,
business and trade of each of the Allied and Associated Powers the
most favored
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nation
treatment and will not take, as regards them, any discriminatory or
confiscatory action.
Chapter VIII
settlement of disputes
19. Any dispute between the Government of an Allied and Associated
power and the Government of Japan concerning the interpretation or
execution of the present Treaty which is not settled through
diplomatic channels, mixed claims commission, or otherwise shall, at
the request of a Party to the dispute, be referred for decision to
the International Court of Justice.
Chapter IX
effectiveness
20. The present Treaty shall come into force between Japan and any
Allied and Associated Power signatory hereto when ratifications by
such two Parties shall have been deposited with the government of
the Allied and Associated Power in question.
21. Except for the provisions of Article 13, the present Treaty shall
not confer any rights and benefits upon any State which shall not
have executed or adhered to and ratified the present Treaty.
