Tokyo Post Files: 320.1 Peace Treaty
Draft of a Peace Treaty With Japan
Preamble
________, hereinafter called the Allied and Associated Powers, and Japan, are resolved 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 state of war between the Allied and Associated Powers and Japan is ended.
Chapter II
sovereignty
2. The Allied and Associated Powers accept the full sovereignty of the Japanese people, and their freely chosen representatives, over Japan and its territorial waters in accordance with and subject to the provisions hereof.
[Page 1298]Chapter III
united nations
3. Japan will promptly apply for membership in the United Nations 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 of the United Nations General Assembly and Security Council with respect to Korea.
5. Japan accepts whatever decision may hereafter be agreed upon by the United Kingdom, the Soviet Union, China, and the United States 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 from the effective date of this treaty, the parties to this Treaty will seek and accept the recommendation of the United Nations General Assembly.
6. Japan accepts the action of the United Nations Security Council of April 2, 1947 extending the trusteeship system, with the United States as the administering authority, to the Pacific Islands formerly under mandate to Japan. The United States will also propose to the United Nations to place under its trusteeship system, with the United States as the administering authority, the Ryukyu Islands south of 29° north latitude, the Bonin Islands, including Rosario Island, the Volcano Islands, Parece Vela and Marcus Island, and pending affirmative action on such proposal the United States will have full powers of administration, legislation, and jurisdiction over the territory of these islands.
Chapter V
security
7. As a prospective member of the United Nations, Japan accepts in advance the obligations to act in accordance with the principles of Article 2 of the Charter of the United Nations for the maintenance of international peace and security, and the other Parties as members of the United Nations undertake reciprocally to be guided by those same principles in their relations to Japan.
8. In order further to contribute to the establishment and maintenance in the Japan area of conditions conducive to international peace and security in accordance with the principles of the Charter of the United Nations, and having regard for the fact that irresponsible militarism is not yet ended in the world, and subject to the transfer of responsibility to the United Nations or otherwise under the conditions [Page 1299] foreseen in Article 10, Japan requests and the United States agrees that it will provide such armed forces on behalf of the Treaty Powers, and the Japanese Government on its part shall provide such assistance and facilities, including rights of passage, as may from time to time be determined by the United States in consultation with the Japanese Government. The Treaty Powers other than the United States that are willing to contribute to such forces for the above purposes may do so by agreement with the United States. The forces furnished by the United States or other Treaty Powers shall not have any responsibility or authority to intervene in the internal affairs of Japan, or, without the request of the Japanese Government, to deal with internal violence except in their own defense.
9. During the period this Chapter is in effect, Japan wall not permit another Power to have military facilities in Japan except in accordance with the provisions of this Chapter.
10. The provisions of this Chapter shall remain in effect until the coming into force of such United Nations arrangements or such alternative security arrangements as in the opinion of those Treaty Powers providing forces under the terms of Article 8 above will satisfactorily provide for the maintenance by the United Nations or otherwise of international peace and security in the Japan area.
11. Any dispute between the Government of Japan and any other government providing armed forces pursuant to this Chapter concerning the interpretation or execution of this Chapter shall be settled by the governments concerned through diplomatic channels.
Chapter VI
political and economic clauses
12. Japan declares its intention to secure to all persons under Japanese jurisdiction, without distinction as to race, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms, including freedom of expression, of press and publication, of religion, of political opinion and of public meeting.
13. 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 and to conserve fish and wildlife.
14. Pre-war bilateral treaties between Japan and any of the Allied and Associated Powers may be kept in force or revived upon mutual agreement of the two parties within six months.
15. Japan renounces all special rights or interests in China.
16. The power to grant clemency, reduce sentences, parole and pardon with respect to the sentences imposed by military tribunals of the Allied and Associated Powers on persons who are incarcerated in Japan may be exercised jointly by Japan and the Government or [Page 1300] 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 jointly by Japan and a majority of the Governments represented on the Tribunal.
17. a) Japan declares its readiness promptly to conclude with each of the Allied and Associated Powers treaties to put on a stable and friendly basis the commercial and trading relations between them. In the meantime the Government of Japan will, during a period of three years from the coming into force of the present Treaty, accord most-favored-nation treatment to each of the Allied and Associated Powers with respect to customs duties, charges and all other regulations imposed on or in connection with the importation and exportation of goods, and will accord national treatment or most-favored-nation treatment, whichever is more favorable, with respect to the vessels, nationals and companies of the Allied and Associated Powers and their property, interests and business activities within Japan. In respect of any of the above matters the Government of Japan may withhold from any Allied and Associated Power the application of more favorable treatment than such Power, subject to the exceptions customarily included in its commercial agreements, is prepared to accord Japan in that respect.
(b) Notwithstanding the provisions of paragraph (a) of this Article, the Government of Japan will be entitled to apply measures dictated by its balance-of-payments position or by its essential security requirements, and to reserve the exceptions customarily contained in commercial agreements.
Chapter VII
claims arising out of the war
18. Except as in this Treaty otherwise provided, the Allied and Associated Powers and Japan reciprocally waive claims against each other for acts taken during the state of war hereby ended, prior to September 2, 1945. Japan declares its readiness to enter into similar reciprocal undertakings with nations which broke off diplomatic relations with Japan.
19. Japan waives all claims arising from the presence, operations or actions of forces or authorities of any of the Allied and Associated Powers in Japanese territory prior to the coming into force of the present Treaty.
20. Each of the Allied and Associated Powers will have the right to retain and dispose of all Japanese property, rights and interests within its territory at any time between December 7, 1941, and the coming into force of the present treaty, except (1) property of Japanese nationals permitted to reside in the territory of one of the Allied and Associated Powers, except property subjected to special measures [Page 1301] prior to September 2, 1945; (2) tangible diplomatic or consular property, net of any expenses incident to its preservation; (3) property of non-political religious, charitable, cultural or educational institutions; (4) property located in Japan, despite the presence elsewhere of paper or similar evidence of right, title or interest in such property, or any debt claim with respect thereto; and (5) trade-marks identifying products originating in Japan.
21. (a) Japan will restore, upon demand, within six months from the effective date of this treaty, the property, tangible and intangible, and all rights or interests of any kind in property, in Japan of the Allied and Associated Powers and their nationals, unless the owner has freely disposed of his property without duress or fraud, and, to the extent that such property and interests, whether or not taken under the control of the Japanese Government, 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 (1) to purchase similar property, or (2) to restore the property to its condition on December 7, 1941. Compensation shall not be made to persons whose activities and property were not subjected to special Japanese wartime restrictions applicable to Allied nationals generally. Claims of each of the Allied and Associated Powers and its nationals for compensation will be presented by its Government to the Japanese Government within eighteen months from the effective date of this treaty.
(b) If agreement on compensation is not reached within six months after the filing of a claim, either of the governments concerned may refer the matter to the Arbitral Tribunal provided for in Article 22 of this treaty.
(c) For the purposes of this article rights or interests in property shall include directly and indirectly held ownership interests in juridical entities which are not nationals of an Allied or Associated Powers, but which have suffered loss of or damage to property in Japan as a result of the war. Compensation with respect to such loss or damage shall bear the same proportion to compensation payable to an owner under subparagraph (a) as the beneficial interests of such nationals in the corporation or association bear to the total capital thereof.
22. (a) Any dispute between any of the Allied and Associated Powers which may arise in giving effect to the provisions of this Chapter and which is not settled through the diplomatic channel or otherwise may be referred by any Government party to the dispute to an Arbitral Tribunal, consisting of three jurists to be designated by the President of the International Court of Justice on request of the depository government made within three months from the effective date of this treaty. The designations shall be made from nationals of countries which were neutral in World War II. Vacancies on the [Page 1302] Tribunal will similarly be filled by designation by the President of the International Court of Justice upon request of the depository government. Decisions of the Tribunal shall be by majority vote and shall be final and binding.
(b) The salaries of the members of the Arbitral Tribunal shall be fixed by the President of the International Court of Justice, in consultation with the Government of Japan. The Government of Japan shall pay the costs and expenses of the proceedings, including salaries of members and employees of the Tribunal, but not including costs incurred by other governments in the preparation and presentation of cases.
(c) The authority of the Tribunal, and the terms of office of its members, shall terminate at the expiration of ten years from the effective date of the present Treaty, unless Japan and a majority of the Allied and Associated Powers agree to fix an earlier or later termination date.
Chapter VIII
settlement of disputes
23. (a) Except as otherwise provided in this Treaty, 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 shall, at the request of a Party to the dispute, and without special agreement, be referred for decision to the International Court of Justice.
(b) Japan and those Allied and Associated Powers which are not, already parties to the Statute of the International Court of Justice, will deposit with the Registrar of the International Court of Justice, on the date of the deposit of their ratification of the present Treaty, a general declaration accepting the jurisdiction, without special agreement, of the Court generally in respect of all disputes of the character referred to in paragraph (a) of this Article.
Chapter IX
effectiveness
24. The present Treaty shall come into force between Japan and the Allied and Associated Powers which have ratified the Treaty, when ratifications by _______________ shall have been deposited with __________.
25. Any state which is at war or in a state of belligerency with Japan and is not a signatory to the present Treaty may adhere to the [Page 1303] Treaty after it comes into force by depositing an instrument of adherence with______, and, upon adherence, shall be deemed, for the purposes of the present Treaty, to be one of the Allied and Associated Powers.
26. Except for the provisions of Articles 15 and 18, the present Treaty shall not confer any rights and benefits upon any state which shall not have executed and ratified or adhered to the present Treaty.