| C2004C07729 | TREATY OF PEACE (JAPAN) ACT 1952
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 503 #DATE 19:12:1973)
TREATY OF PEACE (JAPAN) ACT 1952 - TABLE OF PROVISIONS
TABLE
TREATY OF PEACE (JAPAN) ACT 1952
TABLE OF PROVISIONS
Section
1. Short title
2. Extension to Territories
3. Definition
4. Approval of Peace Treaty with Japan
5. Regulations
THE SCHEDULE
Treaty of Peace with Japan
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TREATY OF PEACE (JAPAN) ACT 1952 - PREAMBLE
SECT
An Act to approve the Treaty of Peace with Japan and to make provision for
carrying that Treaty into effect.
Preamble. WHEREAS at San Francisco on the eighth day of September, One
thousand nine hundred and fifty-one, a Treaty of Peace with Japan and a
Protocol annexed to the Treaty were signed on behalf of Australia:
AND WHEREAS it is expedient that the Treaty and the Protocol should be
approved by the Parliament and that provision should be made for carrying out
or giving effect to the Treaty and Protocol on the part of Australia:
BE it therefore enacted by the Queen's Most Excellent Majesty, the Senate,
and the House of Representatives of the Commonwealth of Australia, as
follows:-
TREATY OF PEACE (JAPAN) ACT 1952 - SECT. 1.
Short title.
SECT
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Treaty of Peace (Japan) Act 1952-1973.*
TREATY OF PEACE (JAPAN) ACT 1952 - SECT. 2.
Extension to Territories.
SECT
Amended by No. 216, 1973, s. 3.
2. This Act extends to all the Territories.
TREATY OF PEACE (JAPAN) ACT 1952 - SECT. 3.
Definition.
SECT
3. In this Act, ''the Treaty'' means the Treaty of Peace with Japan signed
at San Francisco on the eighth day of September, One thousand nine hundred and
fifty-one, and includes the Protocol to that Treaty, being the Treaty and
Protocol copies of which in the English language are set out in the Schedule
to this Act.
TREATY OF PEACE (JAPAN) ACT 1952 - SECT. 4.
Approval of Peace Treaty with Japan.
SECT
4. The Treaty is approved.
TREATY OF PEACE (JAPAN) ACT 1952 - SECT. 5.
Regulations.
SECT
5. (1) The Governor-General may make such regulations and do such other
things as are necessary for carrying out or giving effect to the Treaty.
Amended by No. 93, 1966, s. 3.
(2) The regulations may prescribe penalties not exceeding imprisonment for
one year, or a fine of two hundred dollars, for offences against the
regulations.
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TREATY OF PEACE (JAPAN) ACT 1952 - THE SCHEDULE
SCH
Section 3.
THE SCHEDULE
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 September
5, 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 April 2, 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 29# 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 connecting Japan with territory removed
from Japanese control pursuant to the present Treaty shall be equally divided,
Japan retaining the Japanese terminal and adjoining half of the cable, and the
detached territory the remainder of the cable and connecting terminal
facilities.
CHAPTER III
SECURITY
Article 5
(a) Japan accepts the obligations set forth in Article 2 of the Charter of
the United Nations, and in particular the obligations
(i) to settle its international disputes by peaceful means in such a
manner that international peace and security, and justice, are not
endangered;
(ii) to refrain in its international relations from the threat or use 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-defence
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 July 26,
1945, dealing with the return of Japanese military forces to their homes, to
the extent not already completed, will be carried out.
(c) All Japanese property for which compensation has not already been paid,
which was supplied for the use of the occupation forces and which remains in
the possession of those forces at the time of the coming into force of the
present Treaty, shall be returned to the Japanese Government within the same
90 days unless other arrangements are made by mutual agreement.
CHAPTER IV
POLITICAL AND ECONOMIC CLAUSES
Article 7
(a) Each of the Allied Powers, within one year after the present Treaty has
come into force between it and Japan, will notify Japan which of its prewar
bilateral treaties or conventions with Japan it wishes to continue in force or
revive, and any treaties or conventions so notified shall continue in force or
be revived subject only to such amendments as may be necessary to ensure
conformity with the present Treaty. The treaties and conventions so notified
shall be considered as having been continued in force or revived three months
after the date of notification and shall be registered with the Secretariat of
the United Nations. All such treaties and conventions as to which Japan is not
so notified shall be regarded as abrogated.
(b) Any notification made under paragraph (a) of this Article may except
from the operation or revival of a treaty or convention any territory for the
international relations of which the notifying Power is responsible, until
three months after the date on which notice is given to Japan that such
exception shall cease to apply.
Article 8
(a) Japan will recognize the full force of all treaties now or hereafter
concluded by the Allied Powers for terminating the state of war initiated on
September 1, 1939, as well as any other arrangements by the Allied Powers for
or in connection with the restoration of peace. Japan also accepts the
arrangements made for terminating the former League of Nations and Permanent
Court of International Justice.
(b) Japan renounces all such rights and interests as it may derive from
being a signatory power of the Conventions of St. Germain-en-Laye of September
10, 1919, and the Straits Agreement of Montreux of July 20, 1936, and from
Article 16 of the Treaty of Peace with Turkey signed at Lausanne on July 24,
1923.
(c) Japan renounces all rights, title and interests acquired under, and is
discharged from all obligations resulting from, the Agreement between Germany
and the Creditor Powers of January 20, 1930, and its Annexes, including the
Trust Agreement, dated May 17, 1930; the Convention of January 20, 1930,
respecting the Bank for International Settlements; and the Statutes of the
Bank for International Settlements. Japan will notify to the Ministry of
Foreign Affairs in Paris within six months of the first coming into force of
the present Treaty its renunciation of the rights, title and interests
referred to in this paragraph.
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 September 7, 1901, and all annexes, notes and documents
supplementary thereto, and agrees to the abrogation in respect to Japan of the
said protocol, annexes, notes and documents.
Article 11
Japan accepts the judgments of the International Military Tribunal for the
Far East and of other Allied War Crimes Courts both within and outside Japan,
and will carry out the sentences imposed thereby upon Japanese nationals
imprisoned in Japan. The power to grant clemency, to reduce sentences and to
parole with respect to such prisoners may not be exercised except on the
decision of the Government or Governments which imposed the sentence in each
instance, and on the recommendation of Japan. In the case of persons sentenced
by the International Military Tribunal for the Far East, such power may not be
exercised except on the decision of a majority of the Governments represented
on the Tribunal, and on the recommendation of Japan.
Article 12
(a) Japan declares its readiness promptly to enter into negotiations for the
conclusion with each of the Allied Powers of treaties or agreements to place
their trading, maritime and other commercial relations on a stable and
friendly basis.
(b) Pending the conclusion of the relevant treaty or agreement, Japan will,
during a period of four years from the first coming into force of the present
Treaty
(1) accord to each of the Allied Powers, its nationals, products and
vessels
(i) most-favored-nation treatment with respect to customs 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), participation 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 shipping 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 arrangement 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 sub-paragraph (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
sub-paragraph 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
sub-paragraph (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 September 2, 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 sub-paragraph (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 favourable 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
December 7, 1941, and September 2, 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 December 7, 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 July 13, 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 September 1, 1949, No. 12 effective January 28, 1950, and No. 9
effective February 1, 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 December 6, 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 December 7, 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 December 7, 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 the 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 September 1,
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 specifically recognized in the laws of any Allied Power enacted since
September 2, 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 September 1, 1939, and (b) claims arising out of trade and
financial relations between Japan and Germany after September 2, 1945. Such
renunciation shall not prejudice actions taken in accordance with Article 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 October 15, 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 ratifi- cation 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 for 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 January 1, 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.
(Here follow the signatures of the Plenipotentiaries of the following
States:-
Argentina Iraq
Australia Laos
Kingdom of Belgium Lebanon
Bolivia Liberia
Brazil Grand Duchy of Luxembourg
Cambodia Mexico
Canada Kingdom of the Netherlands
Ceylon New Zealand
Chile Nicaragua
Columbia Kingdom of Norway
Costa Rica Pakistan
Cuba Panama
Dominican Republic Paraguay
Equador Peru
Egypt Republic of the Philippines
El Salvador Saudi Arabia
Ethiopia Syria
France Republic of Turkey
Greece Union of South Africa
Guatemala United Kingdom of Great Britain and
Haiti Northern Ireland
Honduras United States of America
Indonesia Uruguay
Iran Venezuela
Viet Nam
Japan)
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 Article
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 here to 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 interest 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 this 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 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 Treaty of Peace.
The present Protocol shall be deposited in the archives 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.
(Here follow the signatures of the Plenipotentiaries of the following
States:-
Australia Laos
Kingdom of Belgium Lebanon
Cambodia Liberia
Canada Grand Duchy of Luxembourg
Ceylon Kingdom of the Netherlands
Dominican Republic Pakistan
Eygpt Saudi Arabia
Ethiopia Syria
France Republic of Turkey
Greece United Kingdon of Great Britain and
Haiti Northern Ireland
Indonesia Uruguay
Iran Viet Nam
Iraq Japan)
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TREATY OF PEACE (JAPAN) ACT 1952 - NOTE
NOTE
1. The Treaty of Peace (Japan) Act 1952-1973 comprises the Treaty of Peace
(Japan) Act 1952 as amended by the other Acts specified in the following
table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
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Treaty of Peace (Japan)
Act 1952 No. 5, 1952 13 Mar 1952 10 Apr 1952
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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