Foreign Relations of the United States, 1955–1957, Japan, Volume XXIII, Part 1

211. Telegram From the Department of State to the Embassy in Japan¹

Washington, August 28, 1957–8:34 p.m.

500. Your 408,² 409,³ 410,⁴ 563,⁵ Next following telegram,⁶ contains verbatim text suggested Japanese note on relationship between Security Treaty and UN Charter. Draft has been approved by Secretary and is based upon informal Japanese paper sent your 409.

Preamble emphasizes that provisions of Security Treaty and Administrative Agreement are fully in accord with obligations contained UN Charter. In view this approach appeared desirable to have interpretations agreed by two Governments as guidance for Committee on Security instead of having two Governments agree to interpretations worked out in Committee. Latter course could have undesirable implication that divergence of opinion had existed between two Governments regarding relationship of Security Treaty and UN Charter.

Order of Embtel points A and B reversed in Dept draft because Embtel point B is fundamental statement of relationship and thus proper lead-in to remaining two points.

Changes made in Dept draft point B are for purpose of conformity with precise language UN Charter. Dept considers exact adherence to Charter language of utmost importance in order not to give any appearance of seeking to change existing obligations through interpretation.

Point C changes were made because Japanese proposal differed from language of Article 51 of UN Charter in several substantial respects such as use of word “terminated” and reference to “any other organ of the United Nations”. In order avoid future difficulties which could result from failing to adhere to Charter language, such as disputes over what are the measures which must be terminated, simple reaffirmation of intent to act in accordance with provisions of Article 51 has been adopted. Furthermore reference has been made to both Article I of Security Treaty and Article XXIV of Administrative Agreement in view different wording of these articles.

Defense concurs in this message.

Dulles

1. Source: Department of State, Central Files, 794.5/8–2757. Confidential; Niact. Drafted in NA and L/FE; cleared in L, L/UNA, UNP, and FE; and approved by Jones. Repeated to CINCPAC for POLAD.
2. Document 205.
3. Document 206.
4. See footnote 3, Document 205.
5. In telegram 563, August 27, MacArthur urged the Department to forward its draft of the suggested Japanese note on the relationship between the Security Treaty and the U.N. Charter. (Department of State, Central Files, 794.5/8–2757)
6. Infra.