undersigned Plenipotentiaries, who, after presentation of their full powers, found in good and due form, have agreed on the following provisions: CHAPTER I PEACE Article 1 (a) The state of war between Japan and each of the Allied Powers is terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned as provided for in Article 23. (b) The Allied Powers recognize the full sovereignty of the Japanese people over Japan and its territorial waters. CHAPTER II TERRITORY Article 2 (a) Japan, recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet. (b) Japan renounces all right, title and claim to Formosa and the Pescadores. (c) Japan renounces all right, title and claim to the Kurile Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a consequence of the Treaty of Portsmouth of September 5, 1905.1 (d) Japan renounces all right, title and claim in connection with the League of Nations Mandate System, and accepts the action of the United Nations Security Council of April 2, 1947, extending the trusteeship system to the Pacific Islands formerly under mandate to Japan.2 (e) Japan renounces all claim to any right or title to or interest in connection with any part of the Antarctic area, whether deriving from the activities of Japanese nationals or otherwise. (f) Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands. Article 3 Japan will concur in any proposal of the United States to the United Nations to place under its trusteeship system, with the United States as the sole administering authority, Nansei Shoto south of 29° north latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario 1 Foreign Relations of the United States, 1905, pp. 824-828. 2 TIAS 1665; 61 Stat., pt. 3, p. 3301. Island and the Volcano Islands) and Parece Vela and Marcus Island.1 Pending the making of such a proposal and affirmative action thereon, the United States will h ve the right to exercise all and any powers of administration, legislation and jurisdiction over the territory and inhabitants of these islands, including their territorial waters. Article 4 (a) Subject to the provisions of paragraph (b) of this Article, the disposition of property of Japan and of its nationals in the areas referred to in Article 2, and their claims, including debts, against the authorities presently administering such areas and the residents (including juridical persons) thereof, and the disposition in Japan of property of such authorities and residents, and of claims, including debts, of such authorities and residents against Japan and its nationals, shall be the subject of special arrangements between Japan and such authorities. The property of any of the Allied Powers or its nationals in the areas referred to in Article 2 shall, insofar as this has not already been done, be returned by the administering authority in the condition in which it now exists. (The term nationals whenever used in the present Treaty includes juridical persons.) (b) Japan recognizes the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the United States Military Government in any of the areas referred to in Articles 2 and 3. (c) Japanese owned submarine cables connecting Japan with territory removed from Japanese control pursuant to the present Treaty shall be equally divided, Japan retaining the Japanese terminal and adjoining half of the cable, and the detached territory the remainder of the cable and connecting terminal facilities. CHAPTER III SECURITY Article 5 (a) Japan accepts the obligations set forth in Article 2 of the Charter of the United Nations, and in particular the obligations (i) to settle its international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered; (ii) to refrain in its international relations from the threat or use 1 The United States was designated as the administering authority of all trust territories formerly administered by Japan under mandate of the League of Nations by a resolution adopted by the U.N. Security Council, Apr. 2, 1947 (A Decade of American Foreign Policy, pp. 1031-1035). All of the territories referred to here in article 3 have remained under U.S. jurisdiction and outside of the U.N. trusteeship system with a view to their eventual return to Japanese Sovereignty. The Amami Oshima group of the Ryukyu Islands reverted to Japanese sovereignty by the terms of a United States-Japanese agreement signed Dec. 24, 1953 (TIAS 2895; 4 UST, pt. 2, p. 2912). See infra, p. 2430. of force against the territorial integrity or political independence of any State or in any other manner inconsistent with the Purposes of the United Nations; (iii) to give the United Nations every assistance in any action it takes in accordance with the Charter and to refrain from giving assistance to any State against which the United Nations may take preventive or enforcement action. (b) The Allied Powers confirm that they will be guided by the principles of Article 2 of the Charter of the United Nations in their relations with Japan. (c) The Allied Powers for their part recognize that Japan as a sovereign nation possesses the inherent right of individual or collective self-defense referred to in Article 51 of the Charter of the United Nations and that Japan may voluntarily enter into collective security arrangements. Article 6 (a) All occupation forces of the Allied Powers shall be withdrawn from Japan as soon as possible after the coming into force of the present Treaty, and in any case not later than 90 days thereafter. Nothing in this provision shall, however, prevent the stationing or retention of foreign armed forces in Japanese territory under or in consequence of any bilateral or multilateral agreements which have been or may be made between one or more of the Allied Powers, on the one hand, and Japan on the other.1 (b) The provisions of Article 9 of the Potsdam Proclamation of July 26, 1945, dealing with the return of Japanese military forces to their homes, to the extent not already completed, will be carried out. (c) All Japanese property for which compensation has not already been paid, which was supplied for the use of the occupation forces and which remains in the possession of those forces at the time of the coming into force of the present Treaty, shall be returned to the Japanese Government within the same 90 days unless other arrangements are made by mutual agreement. CHAPTER IV POLITICAL AND ECONOMIC CLAUSES Article 7 (a) Each of the Allied Powers, within one year after the present Treaty has come into force between it and Japan, will notify Japan which of its prewar bilateral treaties or conventions with Japan it wishes to continue in force or revive, and any treaties or conventions so notified shall continue in force or be revived subject only to such 1 See the U.S.-Japanese Security Treaty of Sept. 8, 1951, and the attendant Administrative Agreement of Feb. 28, 1952 (infra, pp. 885-886 and 2406-2423) and the agreement respecting the status of U. N. forces in Japan, signed at Tokyo, Feb. 19, 1954 (TIAS 2995; 5 UST, pt. 2, p. 1123). 2 A Decade of American Foreign Policy, pp. 49-50. amendments as may be necessary to ensure conformity with the present Treaty. The treaties and conventions so notified shall be considered as having been continued in force or revived three months after the date of notification and shall be registered with the Secretariat of the United Nations. All such treaties and conventions as to which Japan is not so notified shall be regarded as abrogated. (b) Any notification made under paragraph (a) of this Article may except from the operation or revival of a treaty or convention any territory for the international relations of which the notifying Power is responsible, until three months after the date on which notice is given to Japan that such exception shall cease to apply. Article 8 (a) Japan will recognize the full force of all treaties now or hereafter concluded by the Allied Powers for terminating the state of war initiated on September 1, 1939, as well as any other arrangements by the Allied Powers for or in connection with the restoration of peace. Japan also accepts the arrangements made for terminating the former League of Nations and Permanent Court of International Justice. (b) Japan renounces all such rights and interests as it may derive from being a signatory power of the Conventions of St. Germain-enLaye of September 10, 1919,2 and the Straits Agreements of Montreux of July 20, 1936,3 and from Article 16 of the Treaty of Peace with Turkey signed at Lausanne on July 24, 1923.* (c) Japan renounces all rights, title and interests acquired under, and is discharged from all obligations resulting from, the Agreement between Germany and the Creditor Powers of January 20, 1930, and its Annexes, including the Trust Agreement, dated May 17, 1930; the Convention of January 20, 1930, respecting the Bank for International Settlements; and the Statutes of the Bank for International Settlements. Japan will notify to the Ministry of Foreign Affairs in Paris within six months of the first coming into force of the present Treaty its renunciation of the rights, title and interests referred to in this paragraph. 6 Article 9 Japan will enter promptly into negotiations with the Allied Powers so desiring for the conclusion of bilateral and multilateral agreements providing for the regulation or limitation of fishing and the conservation and development of fisheries on the high seas. 8 See the United States note to Japan, Apr. 22, 1953; Department of State Bulletin, May 18, 1953, pp. 721-722. 3 Treaty Series 779 (46 Stat. 2199 ff.) and Treaty Series 877 (49 Stat. 3027 ff.). League of Nations Treaty Series, vol. 173, pp. 213 ff. Ibid., vol. 28, pp. 11-113. British and Foreign State Papers, vol. 132, pp. 411 ff. Ibid., pp. 525-528. Ibid., pp. 528-538. See the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed by the United States, Canada, and Japan, May 9, 1952; TIAS 2786 (4 UST 380). Article 10 Japan renounces all special rights and interests in China, including all benefits and privileges resulting from the provisions of the final Protocol signed at Peking on September 7, 1901,' and all annexes, notes and documents supplementary thereto, and agrees to the abrogation in respect to Japan of the said protocol, annexes, notes and documents. Article 11 Japan accepts the judgments of the International Military Tribunal for the Far East 2 and of other Allied War Crimes Courts both within and outside Japan, and will carry out the sentences imposed thereby upon Japanese nationals imprisoned in Japan. The power to grant clemency, to reduce sentences and to parole with respect to such prisoners may not be exercised except on the decision of the Government or Governments which imposed the sentence in each instance, and on the recommendation of Japan. In the case of persons sentenced by the International Military Tribunal for the Far East, such power may not be exercised except on the decision of a majority of the Governments represented on the Tribunal, and on the recommendation of Japan. Article 12 (a) Japan declares its readiness promptly to enter into negotiations for the conclusion with each of the Allied Powers of treaties or agreements to place their trading, maritime and other commercial relations on a stable and friendly basis.3 (b) Pending the conclusion of the relevant treaty or agreement, Japan will, during a period of four years from the first coming into force of the present Treaty (1) accord to each of the Allied Powers, its nationals, products and vessels (i) most-favored-nation treatment with respect to customs 1 Treaty Series 397. (Not reprinted in the Statutes at Large.) 2 See International Military Tribunal for the Far East Established at Tokyo, January 19, 1946 (Department of State publication 2765; 1947, and TIAS 1589) Trial of Japanese War Criminals: Documents (Department of State publication 2613; 1946). 3 See Treaty of Friendship, Commerce, and Navigation, Protocol and Exchange of Notes of Aug. 29, 1953, United States and Japan, signed Apr. 2, 1953; TIAS 2863 (4 UST 2863). |