Treaty of Peace with Japan
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.
For
Argentina:
Hipólito J. PAZ
For
Australia:
Percy C. SPENDER
For
Belgium:
Paul VAN ZEELAND SILVERCRUYS
For
Bolivia:
Luis GUACHALLA
For
Brazil:
Carlos MARTINS
A. DE MELLO-FRANCO
For Cambodia:
PHLENG
For
Canada:
Lester B. PEARSON
R.W. MAYHEW
For
Ceylon:
J.R. JAYEWARDENE
G.C.S. COREA
R.G. SENANAYAKE
For Chile:
F. NIETO DEL RÍO
For
Colombia:
Cipríano RESTREPO JARAMILLO
Sebastián OSPINA
For Costa
Rica:
J. Rafael OREAMUNO
V. VARGAS
Luis DOBLES SÁNCHEZ
For Cuba:
O. GANS
L. MACHADO
Joaquín MEYER
For the
Dominican Republic:
V. ORDÓÑEZ
Luis F. THOMEN
For
Ecuador:
A. QUEVEDO
R.G. VALENZUELA
For Egypt:
Kamil A. RAHIM
For El
Salvador:
Héctor DAVID CASTRO
Luis RIVAS PALACIOS
For
Ethiopia:
Men YAYEJIJRAD
For France:
SCHUMANN
H. BONNET
Paul-Émile NAGGIAR
For
Greece:
A.G. POLITIS
For Guatemala:
E. CASTILLO A.
A.M. ORELLANA
J. MENDOZA
For Haiti:
Jacques N. LÉGER
Gust. LARAQUE
For
Honduras:
J.E. VALENZUELA
Roberto GÁLVEZ B.
Raúl ALVARADO T.
For Indonesia:
Ahmad SUBARDJO
For Iran:
A.G. ARDALAN
For Iraq:
A.I. BAKR
For Laos:
SAVANG
For
Lebanon:
Charles MALIK
For
Liberia:
Gabriel L. DENNIS
James ANDERSON
Raymond HORACE
J. Rudolf GRIMES
For the
Grand Duchy of Luxembourg:
Hugues LE GALLAIS
For
Mexico:
Rafael DE LA COLINA
Gustavo DÍAZ ORDAZ
A.P. GASGA
For the
Netherlands:
D.U. STIKKER
J.H. VAN ROIJEN
For New
Zealand:
C. BERENDSEN
For
Nicaragua:
G. SEVILLA SACASA
Gustavo MANZANARES
For
Norway:
Wilhelm Munthe MORGENSTERNE
For
Pakistan:
ZAFRULLAH KHAN
For
Panama:
Ignacio MOLINO
José A. REMON
Alfredo ALEMÁN
J. CORDOVEZ
For Peru:
Luis Oscar BOETTNER
For the
Republic of the Philippines:
Carlos P. RÓMULO
J.M. ELIZALDE
Vicente FRANCISCO
Diosdado MACAPAGAL
Emiliano T. TIRONA
V.G. SINCO
For Saudi
Arabia:
Asad AL-FAQIH
For Syria:
F. EL-KHOURI
For
Turkey:
Feridun C. ERKIN
For the
Union of South Africa:
G.P. JOOSTE
For the
United Kingdom of
Great
Britain and Northern Ireland:
Herbert MORRISON
Kenneth YOUNGER
Oliver FRANKS
For the
United States of America:
Dean ACHESON
John Foster DULLES
Alexander WILEY
John J. SPARKMAN
For
Uruguay:
José A. MORA
For
Venezuela:
Antonio M. ARAUJO
R. GALLEGOS M.
For
Viet-Nam:
T.V. HUU
T. VINH
D. THANH
BUU KINH
For Japan:
Shigeru YOSHIDA
Hayato IKEDA
Gizo TOMABECHI
Niro HOSHIJIMA
Muneyoshi TOKUGAWA
Hisato ICHIMADA
Source: United
Nations Treaty Series 1952 (reg. no. 1832), vol. 136, pp. 45 - 164.