旧金山和约Treaty of Peace with Japan

                                   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 wh 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 theirrelations 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.