Lot 54D423

Memorandum by Mr. Robert E. Barbour of the Bureau of Far Eastern Affairs

confidential

Memorandum for the Files:

At this morning’s 9:15 meeting on Japanese Peace Treaty Conference procedures, Mr. Rusk said that Foreign Minister Romulo of the Philippines had expressed concern at an apparent change in the bilateral treaty with the Philippines. He said that they had always considered that the title would be “Mutual Defense Treaty between the United States and Republic of the Philippines”, whereas it was now listed as “Security Treaty between the United States and the Republic of the Philippines.” Mr. Dulles said that it didn’t make much difference what it was called, but we had always called it a Security Treaty to keep it consistent with the U.S.–Australia-New Zealand security treaties. However, if the Philippines considered it important enough to raise this question, we would change the title of the treaty to satisfy them.

Technical difficulties will prevent the credentials of the delegates from being changed. It will, however, be possible to change the title page of the Treaty to read “Mutual Defense Treaty between the Republic of the Philippines and the United States of America”. This was taken up with Legal Adviser’s Office, Mr. English1 and Mr. Bevans,2 who agreed that although the credentials of the delegates referred to a “Security Treaty” and they signed a “Mutual Defense Treaty”, the only people who might question their authority to sign would be the Filipinos. This was highly unlikely. In any event, once the Treaty had been signed and ratified by both countries, it was extremely doubtful that any legal question could arise in the future.

  1. Benedict M. English, Assistant Legal Adviser for International Claims.
  2. Charles I. Bevans, Assistant for Treaty Affairs in the Office of the Legal Adviser.