조약 원문 TREATY OF PEACE WITH JAPAN Sept. 8, 1951 San Francisco,
California, USA
WHEREAS the Allied 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, and are therefore desirous of
concluding a Treaty of Peace which will settle questions still outstanding as a
result of the existence of a state of war between them;
WHEREAS Japan
for its part declares its intention to apply for membership in the United
Nations and in all circumstances to conform to the principles of the Charter of
the United Nations; to strive to realize the objectives of the Universal
Declaration of Human Rights; to seek to create within Japan conditions of
stability and well-being as defined in Articles 55 and 56 of the Charter of the
United Nations and already initiated by post-surrender Japanese legislation; and
in public and private trade and commerce to conform to internationally accepted
fair practices;
WHEREAS the Allied Powers welcome the intentions of
Japan set out in the foregoing paragraph;
THE ALLIED POWERS AND JAPAN
have therefore determined to conclude the present Treaty of Peace, and have
accordingly appointed the 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 5 September 1905.
(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 2 April 1947, extending the
trusteeship system to the Pacific Islands formerly under mandate to Japan.
(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 29deg. north
latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south
of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano
Islands) and Parece Vela and Marcus Island. Pending the making of such a
proposal and affirmative action thereon, the United States will have 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 connection 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 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.
(b) The provisions of Article 9 of the
Potsdam Proclamation of 26 July 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
by revived subject only to such 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 1 September 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-en-Laye of 10 September 1919, and the Straits
Agreement of Montreux of 20 July 1936, and from Article 16 of the Treaty of
Peace with Turkey signed at Lausanne on 24 July 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 20 January 1930 and its Annexes, including the Trust Agreement, dated
17 May 1930, the Convention of 20 January 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.
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.
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 7 September 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
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
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.
(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-favoured-nation treatment with respect to customs
duties, charges, restrictions and other regulations on or in connection with the
importation and exportation of goods;
(ii) national treatment with
respect to shipping, navigation and imported goods, and with respect to natural
and juridical persons and their interests - such treatment to include all
matters pertaining to the levying and collection of taxes, access to the courts,
the making and performance of contracts, rights to property (tangible and
intangible), participating in juridical entities constituted under Japanese law,
and generally the conduct of all kinds of business and professional activities;
(2) ensure that external purchases and sales of Japanese state trading
enterprises shall be based solely on commercial considerations.
(c) In
respect to any matter, however, Japan shall be obliged to accord to an Allied
Power national treatment, or most-favored-nation treatment, only to the extent
that the Allied Power concerned accords Japan national treatment or
most-favored-nation treatment, as the case may be, in respect of the same
matter. The reciprocity envisaged in the foregoing sentence shall be determined,
in the case of products, vessels and juridical entities of, and persons
domiciled in, any non-metropolitan territory of an Allied Power, and in the case
of juridical entities of, and persons domiciled in, any state or province of an
Allied Power having a federal government, by reference to the treatment accorded
to Japan in such territory, state or province.
(d) In the application of
this Article, a discriminatory measure shall not be considered to derogate from
the grant of national or most-favored-nation treatment, as the case may be, if
such measure is based on an exception customarily provided for in the commercial
treaties of the party applying it, or on the need to safeguard that party's
external financial position or balance of payments (except in respect to shiping
and navigation), or on the need to maintain its essential security interests,
and provided such measure is proportionate to the circumstances and not applied
in an arbitrary or unreasonable manner.
(e) Japan's obligations under
this Article shall not be affected by the exercise of any Allied rights under
Article 14 of the present Treaty; nor shall the provisions of this Article be
understood as limiting the undertakings assumed by Japan by virtue of Article 15
of the Treaty.
Article 13
(a) Japan will enter into negotiations
with any of the Allied Powers, promptly upon the request of such Power or
Powers, for the conclusion of bilateral or multilateral agreements relating to
international civil air transport.
(b) Pending the conclusion of such
agreement or agreements, Japan will, during a period of four years from the
first coming into force of the present Treaty, extend to such Power treatment
not less favorable with respect to air-traffic rights and privileges than those
exercised by any such Powers at the date of such coming into force, and will
accord complete equality of opportunity in respect to the operation and
development of air services.
(c) Pending its becoming a party to the
Convention on International Civil Aviation in accordance with Article 93
thereof, Japan will give effect to the provisions of that Convention applicable
to the international navigation of aircraft, and will give effect to the
standards, practices and procedures adopted as annexes to the Convention in
accordance with the terms of the Convention.
CHAPTER V
CLAIMS
AND PROPERTY
Article 14
(a) It is recognized that Japan should
pay reparations to the Allied Powers for the damage and suffering caused by it
during the war. Nevertheless it is also recognized that the resources of Japan
are not presently sufficient, if it is to maintain a viable economy, to make
complete reparation for all such damage and suffering and at the same time meet
its other obligations.
Therefore,
1. Japan will promptly enter
into negotiations with Allied Powers so desiring, whose present territories were
occupied by Japanese forces and damaged by Japan, with a view to assisting to
compensate those countries for the cost of repairing the damage done, by making
available the services of the Japanese people in production, salvaging and other
work for the Allied Powers in question. Such arrangements shall avoid the
imposition of additional liabilities on other Allied Powers, and, where the
manufacturing of raw materials is called for, they shall be supplied by the
Allied Powers in question, so as not to throw any foreign exchange burden upon
Japan.
2. (I) Subject to the provisions of subparagraph (II) below, each
of the Allied Powers shall have the right to seize, retain, liquidate or
otherwise dispose of all property, rights and interests of
(a) Japan and
Japanese nationals,
(b) persons acting for or on behalf of Japan or
Japanese nationals, and
(c) entities owned or controlled by Japan or
Japanese nationals, which on the first coming into force of the present Treaty
were subject to its jurisdiction. The property, rights and interests specified
in this subparagraph shall include those now blocked, vested or in the
possession or under the control of enemy property authorities of Allied Powers,
which belong to, or were held or managed on behalf of, any of the persons or
entities mentioned in (a), (b) or (c) above at the time such assets came under
the controls of such authorities.
(II) The following shall be excepted
from the right specified in subparagraph (I) above:
(i) property of
Japanese natural persons who during the war resided with the permission of the
Government concerned in the territory of one of the Allied Powers, other than
territory occupied by Japan, except property subjected to restrictions during
the war and not released from such restrictions as of the date of the first
coming into force of the present Treaty;
(ii) all real property,
furniture and fixtures owned by the Government of Japan and used for diplomatic
or consular purposes, and all personal furniture and furnishings and other
private property not of an investment nature which was normally necessary for
the carrying out of diplomatic and consular functions, owned by Japanese
diplomatic and consular personnel;
(iii) property belonging to religious
bodies or private charitable institutions and used exclusively for religious or
charitable purposes;
(iv) property, rights and interests which have come
within its jurisdiction in consequence of the resumption of trade and financial
relations subsequent to 2 September 1945, between the country concerned and
Japan, except such as have resulted from transactions contrary to the laws of
the Allied Power concerned;
(v) obligations of Japan or Japanese
nationals, any right, title or interest in tangible property located in Japan,
interests in enterprises organized under the laws of Japan, or any paper
evidence thereof; provided that this exception shall only apply to obligations
of Japan and its nationals expressed in Japanese currency.
(III)
Property referred to in exceptions (i) through (v) above shall be returned
subject to reasonable expenses for its preservation and administration. If any
such property has been liquidated the proceeds shall be returned instead.
(IV) The right to seize, retain, liquidate or otherwise dispose of
property as provided in subparagraph (I) above shall be exercised in accordance
with the laws of the Allied Power concerned, and the owner shall have only such
rights as may be given him by those laws.
(V) The Allied Powers agree to
deal with Japanese trademarks and literary and artistic property rights on a
basis as favorable to Japan as circumstances ruling in each country will permit.
(b) Except as otherwise provided in the present Treaty, the Allied
Powers waive all reparations claims of the Allied Powers, other claims of the
Allied Powers and their nationals arising out of any actions taken by Japan and
its nationals in the course of the prosecution of the war, and claims of the
Allied Powers for direct military costs of occupation.
Article 15
(a) Upon application made within nine months of the coming into force of
the present Treaty between Japan and the Allied Power concerned, Japan will,
within six months of the date of such application, return the property, tangible
and intangible, and all rights or interests of any kind in Japan of each Allied
Power and its nationals which was within Japan at any time between 7 December
1941 and 2 September 1945, unless the owner has freely disposed thereof without
duress or fraud. Such property shall be returned free of all encumbrances and
charges to which it may have become subject because of the war, and without any
charges for its return. Property whose return is not applied for by or on behalf
of the owner or by his Government within the prescribed period may be disposed
of by the Japanese Government as it may determine. In cases where such property
was within Japan on 7 December 1941, and cannot be returned or has suffered
injury or damage as a result of the war, compensation will be made on terms not
less favorable than the terms provided in the draft Allied Powers Property
Compensation Law approved by the Japanese Cabinet on 13 July 1951.
(b)
With respect to industrial property rights impaired during the war, Japan will
continue to accord to the Allied Powers and their nationals benefits no less
than those heretofore accorded by Cabinet Orders No. 309 effective 1 September
1949, No. 12 effective 28 January 1950, and No. 9 effective 1 February 1950, all
as now amended, provided such nationals have applied for such benefits within
the time limits prescribed therein.
(c) (i) Japan acknowledges that the
literary and artistic property rights which existed in Japan on 6 December 1941,
in respect to the published and unpublished works of the Allied Powers and their
nationals have continued in force since that date, and recognizes those rights
which have arisen, or but for the war would have arisen, in Japan since that
date, by the operation of any conventions and agreements to which Japan was a
party on that date, irrespective of whether or not such conventions or
agreements were abrogated or suspended upon or since the outbreak of war by the
domestic law of Japan or of the Allied Power concerned.
(ii) Without the
need for application by the proprietor of the right and without the payment of
any fee or compliance with any other formality, the period from 7 December 1941
until the coming into force of the present Treaty between Japan and the Allied
Power concerned shall be excluded from the running of the normal term of such
rights; and such period, with an additional period of six months, shall be
excluded from the time within which a literary work must be translated into
Japanese in order to obtain translating rights in Japan.
Article 16
As an expression of its desire to indemnify those members of the armed
forces of the Allied Powers who suffered undue hardships while prisoners of war
of Japan, Japan will transfer its assets and those of its nationals in countries
which were neutral during the war, or which were at war with any of the Allied
Powers, or, at its option, the equivalent of such assets, to the International
Committee of the Red Cross which shall liquidate such assets and distribute the
resultant fund to appropriate national agencies, for the benefit of former
prisoners of war and their families on such basis as it may determine to be
equitable. The categories of assets described in Article 14(a)2(II)(ii) through
(v) of the present Treaty shall be excepted from transfer, as well as assets of
Japanese natural persons not residents of Japan on the first coming into force
of the Treaty. It is equally understood that the transfer provision of this
Article has no application to the 19,770 shares in the Bank for International
Settlements presently owned by Japanese financial institutions.
Article
17
(a) Upon the request of any of the Allied Powers, the Japanese
Government shall review and revise in conformity with international law any
decision or order of the Japanese Prize Courts in cases involving ownership
rights of nationals of that Allied Power and shall supply copies of all
documents comprising the records of these cases, including the decisions taken
and orders issued. In any case in which such review or revision shows that
restoration is due, the provisions of Article 15 shall apply to the property
concerned.
(b) The Japanese Government shall take the necessary measures
to enable nationals of any of the Allied Powers at any time within one year from
the coming into force of the present Treaty between Japan and the Allied Power
concerned to submit to the appropriate Japanese authorities for review any
judgment given by a Japanese court between 7 December 1941 and such coming into
force, in any proceedings in which any such national was unable to make adequate
presentation of his case either as plaintiff or defendant. The Japanese
Government shall provide that, where the national has suffered injury by reason
of any such judgment, he shall be restored in the position in which he was
before the judgment was given or shall be afforded such relief as may be just
and equitable in the circumstances.
Article 18
(a) It is
recognized that the intervention of the state of war has not affected the
obligation to pay pecuniary debts arising out of obligations and contracts
(including those in respect of bonds) which existed and rights which were
acquired before the existence of a state of war, and which are due by the
Government or nationals of Japan to the Government or nationals of one of the
Allied Powers, or are due by the Government or nationals of one of the Allied
Powers to the Government or nationals of Japan. The intervention of a state of
war shall equally not be regarded as affecting the obligation to consider on
their merits claims for loss or damage to property or for personal injury or
death which arose before the existence of a state of war, and which may be
presented or re-presented by the Government of one of the Allied Powers to the
Government of Japan, or by the Government of Japan to any of the Governments of
the Allied Powers. The provisions of this paragraph are without prejudice to the
rights conferred by Article 14.
(b) Japan affirms its liability for the
prewar external debt of the Japanese State and for debts of corporate bodies
subsequently declared to be liabilities of the Japanese State, and expresses its
intention to enter into negotiations at an early date with its creditors with
respect to the resumption of payments on those debts; to encourage negotiations
in respect to other prewar claims and obligations; and to facilitate the
transfer of sums accordingly.
Article 19
(a) Japan waives all
claims of Japan and its nationals against the Allied Powers and their nationals
arising out of the war or out of actions taken because of the existence of a
state of war, and waives all claims arising from the presence, operations or
actions of forces or authorities of any of the Allied Powers in Japanese
territory prior to the coming into force of the present Treaty.
(b) The
foregoing waiver includes any claims arising out of actions taken by any of the
Allied Powers with respect to Japanese ships between 1 September 1939 and the
coming into force of the present Treaty, as well as any claims and debts arising
in respect to Japanese prisoners of war and civilian internees in the hands of
the Allied Powers, but does not include Japanese claims specificially recognized
in the laws of any Allied Power enacted since 2 September 1945.
(c)
Subject to reciprocal renunciation, the Japanese Government also renounces all
claims (including debts) against Germany and German nationals on behalf of the
Japanese Government and Japanese nationals, including intergovernmental claims
and claims for loss or damage sustained during the war, but excepting (a) claims
in respect of contracts entered into and rights acquired before 1 September
1939, and (b) claims arising out of trade and financial relations between Japan
and Germany after 2 September 1945. Such renunciation shall not prejudice
actions taken in accordance with Articles 16 and 20 of the present Treaty.
(d) Japan recognizes the validity of all acts and omissions done during
the period of occupation under or in consequence of directives of the occupation
authorities or authorized by Japanese law at that time, and will take no action
subjecting Allied nationals to civil or criminal liability arising out of such
acts or omissions.
Article 20
Japan will take all necessary
measures to ensure such disposition of German assets in Japan as has been or may
be determined by those powers entitled under the Protocol of the proceedings of
the Berlin Conference of 1945 to dispose of those assets, and pending the final
disposition of such assets will be responsible for the conservation and
administration thereof.
Article 21
Notwithstanding the
provisions of Article 25 of the present Treaty, China shall be entitled to the
benefits of Articles 10 and 14(a)2; and Korea to the benefits of Articles 2, 4,
9 and 12 of the present Treaty.
CHAPTER VI
SETTLEMENT OF
DISPUTES
Article 22
If in the opinion of any Party to the
present Treaty there has arisen a dispute concerning the interpretation or
execution of the Treaty, which is not settled by reference to a special claims
tribunal or by other agreed means, the dispute shall, at the request of any
party thereto, be referred for decision to the International Court of Justice.
Japan and those Allied Powers which are not already parties to the Statute of
the International Court of Justice will deposit with the Registrar of the Court,
at the time of their respective ratifications of the present Treaty, and in
conformity with the resolution of the United Nations Security Council, dated 15
October 1946, a general declaration accepting the jurisdiction, without special
agreement, of the Court generally in respect to all disputes of the character
referred to in this Article.
CHAPTER VII
FINAL CLAUSES
Article 23
(a) The present Treaty shall be ratified by the
States which sign it, including Japan, and will come into force for all the
States which have then ratified it, when instruments of ratification have been
deposited by Japan and by a majority, including the United States of America as
the principal occupying Power, of the following States, namely Australia,
Canada, Ceylon, France, Indonesia, the Kingdom of the Netherlands, New Zealand,
Pakistan, the Republic of the Philippines, the United Kingdom of Great Britain
and Northern Ireland, and the United States of America. The present Treaty shall
come into force of each State which subsequently ratifies it, on the date of the
deposit of its instrument of ratification.
(b) If the Treaty has not
come into force within nine months after the date of the deposit of Japan's
ratification, any State which has ratified it may bring the Treaty into force
between itself and Japan by a notification to that effect given to the
Governments of Japan and the United States of America not later than three years
after the date of deposit of Japan's ratification.
Article 24
All instruments of ratification shall be deposited with the Government
of the United States of America which will notify all the signatory States of
each such deposit, of the date of the coming into force of the Treaty under
paragraph (a) of Article 23, and of any notifications made under paragraph (b)
of Article 23.
Article 25
For the purposes of the present Treaty
the Allied Powers shall be the States at war with Japan, or any State which
previously formed a part of the territory of a State named in Article 23,
provided that in each case the State concerned has signed and ratified the
Treaty. Subject to the provisions of Article 21, the present Treaty shall not
confer any rights, titles or benefits on any State which is not an Allied Power
as herein defined; nor shall any right, title or interest of Japan be deemed to
be diminished or prejudiced by any provision of the Treaty in favour of a State
which is not an Allied Power as so defined.
Article 26
Japan
will be prepared to conclude with any State which signed or adhered to the
United Nations Declaration of 1 January 1942, and which is at war with Japan, or
with any State which previously formed a part of the territory of a State named
in Article 23, which is not a signatory of the present Treaty, a bilateral
Treaty of Peace on the same or substantially the same terms as are provided for
in the present Treaty, but this obligation on the part of Japan will expire
three years after the first coming into force of the present Treaty. Should
Japan make a peace settlement or war claims settlement with any State granting
that State greater advantages than those provided by the present Treaty, those
same advantages shall be extended to the parties to the present Treaty.
Article 27
The present Treaty shall be deposited in the archives
of the Government of the United States of America which shall furnish each
signatory State with a certified copy thereof.
IN FAITH WHEREOF the
undersigned Plenipotentiaries have signed the present Treaty.
DONE at
the city of San Francisco this eighth day of September 1951, in the English,
French, and Spanish languages, all being equally authentic, and in the Japanese
language.
[Signatures not reproduced here.]
PROTOCOL
The
Undersigned, duly authorized to that effect, have agreed on the following
provisions for regulating the question of Contracts, Periods of Prescription and
Negotiable Instruments, and the question of Contracts of Insurance, upon the
restoration of peace with Japan:
CONTRACTS, PRESCRIPTION AND NEGOTIABLE
INSTRUMENTS
A. CONTRACTS
1. Any contract which required for its
execution intercourse between any of the parties thereto having become enemies
as defined in Part F shall, subject to the exceptions set out in paragraphs 2
and 3 below, be deemed to have been dissolved as from the time when any of the
parties thereto became enemies. Such dissolution, however, is without prejudice
to the provisions of Articles 15 and 18 of the Treaty of Peace signed this day,
nor shall it relieve any party to the contract from the obligation to repay
amounts received as advances or as payments on account and in respect of which
such party has not rendered performance in return.
2. Notwithstanding
the provisions of paragraph 1 above, there shall be excepted from dissolution
and, without prejudice to the rights contained in Article 14 of the Treaty of
Peace signed this day, there shall remain in force such parts of any contract as
are severable and did not require for their execution intercourse between any of
the parties thereto, having become enemies as defined in part F. Where the
provisions of any contract are not so severable, the contract shall be deemed to
have been dissolved in its entirety. The foregoing shall be subject to the
application of domestic laws, orders or regulations made by a signatory hereto
which is an Allied Power under the said Treaty of Peace and having jurisdiction
over the contract or over any of the parties thereto and shall be subject to the
terms of the contract.
3. Nothing in part A shall be deemed to
invalidate transactions lawfully carried out in accordance with a contract
between enemies if they have been carried out with the authorization of the
Government concerned being the Government of a signatory hereto which is an
Allied Power under the said Treaty of Peace.
4. Notwithstanding the
foregoing provisions, contracts of insurance and reinsurance shall be dealt with
in accordance with the provisions of parts D and E of the present Protocol.
B. PERIODS OF PRESCRIPTION
1. All periods of prescription or
limitation of right of action or of the right to take conservatory measures in
respect of relations affecting persons or property, involving nationals of the
signatories hereto who, by reason of the state of war, were unable to take
judicial action or to comply with the formalities necessary to safeguard their
rights, irrespective of whether these periods commenced before or after the
outbreak of war, shall be regarded as having been suspended, for the duration of
the war in Japanese territory on the one hand, and on the other hand in the
territory of those signatories which grant to Japan, on a reciprocal basis, the
benefit of the provisions of this paragraph. These periods shall begin to run
again on the coming into force of the Treaty of Peace signed this day. The
provisions of this paragraph shall be applicable in regard to the periods fixed
for the presentation of interest or dividend coupons or for the presentation for
payment of securities drawn for repayment or repayable on any other ground,
provided that in respect of such coupons or securities the period shall begin to
run again on the date when money becomes available for payments to the holder of
the coupon or security.
2. Where, on account of failure to perform any
act or to comply with any formality during the war, measures of execution have
been taken in Japanese territory to the prejudice of a national of one of the
signatories being an Allied Power under the said Treaty of Peace, the Japanese
Government shall restore the rights which have been detrimentally affected. If
such restoration is impossible or would be inequitable the Japanese Government
shall provide that the national of the signatory concerned shall be afforded
such relief as may be just and equitable in the circumstances.
C.
NEGOTIABLE INSTRUMENTS
1. As between enemies, no negotiable instrument
made before the war shall be deemed to have become invalid by reason only of
failure within the required time to present the instrument for acceptance or
payment, or to give notice of non-acceptance or non-payment to drawers or
endorsers, or to protest the instrument, nor by reason of failure to complete
any formality during the war.
2. Where the period within which a
negotiable instrument should have been presented for acceptance or for payment,
or within which notice of non-acceptance or non-payment should have been given
to the drawer or endorser, or within which the instrument should have been
protested, has elapsed during the war, and the party who should have presented
or protested the instrument or have given notice of non-acceptance or
non-payment has failed to do so during the war, a period of not less than three
months from the coming into force of the Treaty of Peace signed this day shall
be allowed within which presentation, notice of non-acceptance or non-payment,
or protest may be made.
3. If a person has, either before or during the
war, incurred obligations under a negotiable instrument in consequence of an
undertaking given to him by a person who has subsequently become an enemy, the
latter shall remain liable to indemnify the former in respect of these
obligations, notwithstanding the outbreak of war.
D. INSURANCE AND
REINSURANCE CONTRACTS (OTHER THAN LIFE) WHICH HAD NOT TERMINATED BEFORE THE DATE
AT WHICH THE PARTIES BECAME ENEMIES
1. Contracts of Insurance shall be
deemed not to have been dissolved by the fact of the parties becoming enemies,
provided that the risk had attached before the date at which the parties became
enemies, and the Insured had paid, before that date, all moneys owed by way of
premium or consideration for effecting or keeping effective the Insurance in
accordance with the Contract.
2. Contracts of Insurance other than those
remaining in force under the preceding clause shall be deemed not to have come
into existence, and any moneys paid thereunder shall be returnable.
3.
Treaties and other Contracts of Reinsurance, save as hereinafter expressly
provided, shall be deemed to have been determined as at the date the parties
became enemies, and all cessions thereunder shall be cancelled with effect from
that date. Provided that cessions in respect of voyage policies which had
attached under a Treaty of Marine Reinsurance shall be deemed to have remained
in full effect until their natural expiry in accordance with the terms and
conditions on which the risk had been ceded.
4. Contracts of Facultative
Reinsurance, where the risk had attached and all moneys owed by way of premium
or consideration for effecting or keeping effective the Reinsurance had been
paid or set off in the customary manner, shall, unless the Reinsurance Contract
otherwise provides, be deemed to have remained in full effect until the date at
which the parties became enemies and to have been determined on that date.
Provided that such Facultative Reinsurances in respect of voyage
policies shall be deemed to have remained in full effect until their natural
expiry in accordance with the terms and conditions on which the risk had been
ceded.
Provided further that Facultative Reinsurances in respect of a
Contract of Insurance remaining in force under clause 1 above shall be deemed to
have remained in full effect until the expiry of the original Insurance.
5. Contracts of Facultative Reinsurance other than those dealt with in
the preceding clause, and all Contracts of Excess of Loss Reinsurance on an
"Excess of Loss Ratio" basis and of Hail Reinsurance (whether facultative or
not), shall be deemed not to have come into existence, and any moneys paid
thereunder shall be returnable.
6. Unless the Treaty or other Contract
of Reinsurance otherwise provides, premiums shall be adjusted on a pro rata
temporis basis.
7. Contracts of Insurance or Reinsurance (including
cessions under Treaties of Reinsurance) shall be deemed not to cover losses or
claims caused by belligerent action by either Power of which any of the parties
was a national or by the Allies or Associates of such Power.
8. Where an
insurance has been transferred during the war from the original to another
Insurer, or has been wholly reinsured, the transfer or reinsurance shall,
whether effected voluntarily or by administrative or legislative action, be
recognized and the liability of the original Insurer shall be deemed to have
ceased as from the date of the transfer or reinsurance.
9. Where there
was more than one Treaty or other Contract of Reinsurance between the same two
parties, there shall be an adjustment of accounts between them, and in order to
establish a resulting balance there shall be brought into the accounts all
balances (which shall include an agreed reserve for losses still outstanding)
and all moneys which may be due from one party to the other under all such
contracts or which may be returnable by virtue of any of the foregoing
provisions.
10. No interests shall be payable by any of the parties for
any delay which, owing to the parties having become enemies, has occurred or may
occur in the settlement of premiums or claims or balances of account.
11. Nothing in this part of the present Protocol shall in any way
prejudice or affect the rights given by Article 14 of the Treaty of Peace signed
this day.
E. LIFE INSURANCE CONTRACTS
Where an insurance has
been transferred during the war from the original to another Insurer or has been
wholly reinsured, the transfer or reinsurance shall, if effected at the instance
of the Japanese administrative or legislative authorities, be recognized, and
the liability of the original Insurer shall be deemed to have ceased as from the
date of the transfer or reinsurance.
F. SPECIAL PROVISION
For
the purposes of the present Protocol, natural or juridical persons shall be
regarded as enemies from the date when trading between them shall have become
unlawful under laws, orders, or regulations to which such persons or the
contracts were subject.
FINAL ARTICLE
The present Protocol is
open for signature by Japan and any State signatory to the Treaty of Peace with
Japan signed this day, and shall, in respect of the matters with which it deals,
govern the relations between Japan and each of the other States signatory to the
present Protocol as from the date when Japan and that State are both bound by
the said Treaty of Peace.
The present Protocol shall be deposited in the
archives of the Government of the United States of America which shall furnish
each signatory State with a certified copy thereof.
IN FAITH WHEREOF the
undersigned Plenipotentiaries have signed the present Protocol.
DONE at
the city of San Francisco this eighth day of September 1951, in the English,
French, and Spanish languages, all being equally authentic, and in the Japanese
language.
[Signatures not reproduced here.]
INSTRUMENT OF
SURRENDER BY JAPAN
We, acting by command of and in behalf of the Emperor
of Japan, the Japanese Government and the Japanese Imperial General
Headquarters, hereby accept the provisions set forth in the declaration issued
by the heads of the Governments of the United States, China and Great Britain on
26 July 1945 at Potsdam, and subsequently adhered to by the Union of Soviet
Socialist Republics, which four powers are hereafter referred to as the Allied
Powers.
We hereby proclaim the unconditional surrender to the Allied
Power of the Japanese Imperial General Headquarters and of all Japanese armed
forces and all armed forces under Japanese control wherever situated.
We
hereby command all Japanese forces wherever situated and the Japanese people to
cease hostilities forthwith, to preserve and save from damage all ships,
aircraft, and military and civil property and to comply with all requirements
which may be imposed by the Supreme Commander for the Allied Powers or by
agencies of the Japanese Government at his direction.
We hereby command
the Japanese Imperial General Headquarters to issue at once orders to the
Commanders of all Japanese forces and all forces under Japanese control wherever
situated to surrender unconditionally themselves and all forces under their
control.
We hereby command all civil, military and naval officials to
obey and enforce all proclamations, orders and directives deemed by the Supreme
Commander for the Allied Powers to be proper to effectuate this surrender and
issued by him or under his authority and we direct all such officials to remain
at their posts and to continue to perform their non-combatant duties unless
specifically relieved by him or under his authority.
We hereby undertake
for the Emperor, the Japanese Government and their successors to carry out the
provisions of the Potsdam Declaration in good faith, and to issue whatever
orders and take whatever action may be required by the Supreme Commander for the
Allied Powers or by any other designated representative of the Allied Powers for
the purpose of giving effect to that Declaration.
We hereby command the
Japanese Imperial Government and the Japanese Imperial General Headquarters at
once to liberate all allied prisoners of war and civilian internees now under
Japanese control and to provide for their protection, care, maintenance and
immediate transportation to places as directed.
The authority of the
Emperor and the Japanese Government to rule the state shall be subject to the
Supreme Commander for the Allied Powers who will take such steps as he deems
proper to effectuate these terms of surrender.
SIGNED at Tokyo Bay,
Japan at 0904 I on the Second day of September, 1945.
[Signed:]
MAMORU SHIGEMITSU
By Command and in behalf of the Emperor of
Japan and the Japanese Government
[Signed:]
YOSHIJIRO UMEZU
By Command and in behalf of the Japanese Imperial General Headquarters
ACCEPTED at Tokyo Bay, Japan at 0908 I on the Second day of September,
1945, for the United States, Republic of China, United Kingdom and the Union of
Soviet Socialist Republics, and in the interests of the other United Nations at
war with Japan.
[Signed:]
DOUGLAS MACARTHUR
Supreme
Commander for the Allied Powers
[Signed:]
C W NIMITZ
Representative of the United States of America
HSU YOUNG-CHANG
Representative of the Republic of China
BRUCE FRASER
Representative of the United Kingdom
DEREVYANKO
Representative of the Union of Soviet Socialist Republics
T A
BLAMEY
Representative of Australia
MOORE COSGRAVE
Representative of Canada
LECLERC
Representative of the
Provisional Government of the French Republic