Peace treaty with Japan-
In view of the relationship between the allies and Japan, we will promote common welfare and maintain international peace and security on the basis of sovereign equality and friendly cooperation in the future. Therefore, we are determined to sign a peace treaty to solve the remaining problems and the state of war between the warring parties.
Japan announced its accession to the United Nations, abided by the principles of the Charter of the United Nations, strived to realize the Universal Declaration of Human Rights, and created conditions for stability and well-being in Japan in line with Articles 55 and 56 of the Charter of the United Nations, Japan's post-war legislation and international practices in public and private trade and commerce.
Whereas the EU welcomes Japan's announcement of the above will; The United States and Japan are determined to conclude this treaty, appoint the following plenipotentiaries, and after showing their credentials, agree to the following terms:
Chapter 65438 +0 Peace
Article 1 The state of war ended and Japan's sovereignty was recognized.
A according to article 23 of this treaty, the state of war between Japan and its allies shall end from the date when the treaty between Japan and its allies takes effect.
B the allies recognize the full sovereignty of Japan and its nationals in its territorial waters.
Chapter 2 Field Chapter 2 Field
Article 2 renunciation of territory
A Japan recognizes North Korea's independence and renounces all rights, objects and claims to North Korea, including Jeju Island, Juwen Island and Ulleungdo Island.
B. Japan renounces all rights, objects and claims to Taiwan Province Province and Penghu.
C. Japan renounces all rights, names and claims to the Kuril Islands, the part of Sakhalin Island acquired on September 5, 1905 and adjacent islands.
D. Japan renounces all rights, names and claims related to the League of Nations Mandate, and at the same time accepts the trusteeship rules of Japan's aforementioned Pacific Island Mandate adopted by the United Nations Security Council on April 2, 1947.
E. Japan renounces all rights, names or interests arising from the activities of Japanese countries or nationals in the Antarctic region.
Japan renounces all rights, objects and claims to Nansha Islands and Xisha Islands.
Article 3 Trust Rules
Japan agreed to the proposal submitted by the United States to the United Nations on the trusteeship system of the southwestern islands south of 29 degrees north latitude (including Ryukyu Islands and Dadong Islands), the southern islands south of Widow Rock (including Ogasawara Islands, Xizhi Island and Volcano Island), Okinawa Island and Nanniao Island. Before this proposal is passed, the United States has administrative, legislative and judicial rights over the above-mentioned areas, their residents and their sea areas.
Article 4 Property
A according to the provisions of paragraph b of this article, in the areas listed in article 2, the division of property, creditor's rights and debts between the authorities and the residents (including legal persons) who are currently in charge of the area, and the division of property, creditor's rights and debts between the authorities and the residents in Japan shall be based on the special agreement between Japan and the authorities. Article 2 The property that has not been returned by the allies and their nationals listed in the region at present shall be returned by the administrative organ according to the present situation (the nationals mentioned in the preceding paragraph include legal persons in this Treaty).
B Japan recognizes the effectiveness of the U.S. military government in disposing of Japanese and Japanese national property in the above-mentioned Articles 2 and 3.
C according to this treaty, the submarine cable connecting Japan occupied by Japan will be divided equally. Japanese owners are Japanese equipment and half of the cables, as well as the remaining cables and their terminal equipment in the separation yard.
Chapter III Safety Chapter III Safety
Article 5 The collective defense and self-defense right of the United Nations
A Japan accepts the obligations stipulated in Article 2 of the Charter of the United Nations.
1. Solve international disputes by the above-mentioned peaceful means, so as not to endanger international peace, security and justice.
Two. In international relations, in accordance with the purpose of establishing the United Nations, use intimidation or force cautiously against the territorial integrity or political independence of a country.
Three. Countries that support United Nations actions in accordance with the Charter and provide prudent assistance to the United Nations when it takes preventive or enforcement actions.
B. The Union State will confirm its relations with Japan in accordance with the principle of Article 2 of the Charter of the United Nations.
C. The Allies recognize that Japan, as a sovereign country, has inherent rights such as the right of individual or collective self-defense according to Article 5 1 of the Charter of the United Nations, and Japan can independently conclude collective security agreements.
Article 6. End of occupation
A after the entry into force of this treaty, all occupying forces of the allied countries should withdraw from Japan as soon as possible, and this withdrawal shall not be later than 90 days after the entry into force of this treaty. If Japan and its allies have concluded bilateral or multilateral agreements on the stationing or maintenance of foreign troops on Japanese territory, the provisions of this article shall not apply.
B according to article 9 of the Potsdam declaration of July 26th, 1945, if it has not been completed, it can continue to be implemented.
C. All Japanese property confiscated by the occupying forces but not yet compensated, as well as Japanese property occupied by the occupying forces when this Treaty comes into effect, shall be returned to the Japanese government within 90 days, and no bilateral agreement shall be signed separately.
chapter four
Political and economic clauses
Article 7 Validity of treaties between two countries
A. Within 1 year after the entry into force of this treaty between individual allies and Japan, each ally may inform Japan whether the bilateral treaties or agreements it signed with Japan before the war will continue to be effective or re-effective. The amendment notice of the above-mentioned treaties and agreements shall be based on the spirit of this Treaty. This Treaty and Agreement shall be deemed to remain in force or re-enter into force three months after being notified to Japan and registered with the United Nations Secretariat. All the above-mentioned treaties or agreements will be regarded as invalid if they are not notified to Japan.
B according to paragraph a of this article, the countries of the union that have the responsibility of notification in international relations may make exceptions for the continued validity or re-validity of a treaty or agreement. After three months' notice to Japan, the application of this exception will terminate.
Article 8 recognize treaties related to the final war and give up rights and interests when concluding treaties.
A. Japan recognizes the validity of the treaty made by the Allies to end the state of war from 1 September, 9391day, and Japan also recognizes the resolution made by the Allies to restore peace. Japan also accepted the previous resolutions of the League of Nations and the Permanent Court of International Justice on ending the war.
B Japan renounces all its rights and interests as a signatory to the following treaties, namely 19 19 September Saint-Germain-Angles Agreement, 1936 July 20 Montreux Agreement and 196.
C. Japan waives all the following rights, names and interests that it has obtained and fulfilled its obligations, namely 17, the agreement between Germany and its creditors in May, 0930 and its attached documents, including the trust agreement, and 19301October 20th, the Bank for International Settlements. Japan will notify the Minister of Foreign Affairs of Paris of the rights, names and interests waived in this clause within six months after the first entry into force of this agreement.
Article 9 Fisheries Agreement Japan will immediately negotiate with its allies on high seas fishing restrictions, fishery conservation and development, and conclude bilateral or multilateral agreements.
Article 10 Relevant rights and interests of China
Japan renounces all special rights and interests related to China, including China's interests and privileges derived from the provisions of the final protocol signed in Beijing on September 7,190/kloc-0. At the same time, the two sides agreed to waive the provisions of the above protocol and its annexes, letters and documents.
Article 1 1 War crimes
Japan accepts the judgments of the "Far East International Military Tribunal" and the "American War Crimes Tribunal" inside and outside Japanese territory, and promises to execute the above judgments against Japanese nationals detained in Japan. The pardon, commutation and parole of the above-mentioned detainees by the allied countries shall not be implemented on the basis of the individual consideration of one or more allied governments or the proposal of the Japanese government. A person determined by the judgment of the Far East International Military Tribunal shall not be executed except by a majority of the representatives of the allied governments of the Tribunal and on the recommendation of the Japanese government.
Article 12 Treaty of Commerce and Navigation
A. Japan announced that it would negotiate treaties or agreements on trade, maritime transport and other commercial matters with all its allies as soon as possible on the basis of stable and friendly relations.
B before signing relevant treaties or agreements, Japan will undertake the following matters within four years from the date of the first entry into force of this treaty:
-1- Treat the following items related to countries, nationals, products and ships of the Union equally:
MFN treatment, such as tariffs, fees, restrictions and other provisions related to the import and export of goods.
Two. Shipping, sailing and importing goods, as well as national treatment of natural persons and legal persons and their interests. This national treatment includes taxation and collection, the right to accept court decisions, the signing and performance of contracts, property ownership (tangible and intangible), participation in legal person organizations according to Japanese laws, and general business and professional activities.
-2-
C. ensure that the foreign procurement and sales of Japanese state-owned trading enterprises are only based on commercial factors.
Japan should give its allies national treatment or most-favored-nation treatment, provided that they give reciprocal treatment. Reciprocity referred to in the preceding paragraph shall be based on the following principles: goods, ships, legal persons and residents of non-domestic allied countries, and legal persons and residents of federal states are regarded as the same regions, states or states in Japan.
D the application of this article shall not detract from national treatment or most-favored-nation treatment because of the usual exceptional discriminatory provisions in commercial treaties implemented by the parties concerned. Nor shall it derogate from national treatment or MFN treatment on the grounds of protecting the foreign-related financial status or balance of payments of the countries concerned (except matters related to shipping or navigation), or safeguarding major security interests in an appropriate, arbitrary or unreasonable way.
E. Japan's obligations under this Article shall not be affected by the exercise of the rights in Article 14 of this Treaty by any allied country. The provisions of this Article shall not be interpreted as the restriction of Japan's commitment under Article 15 of this Treaty.
Article 13 International Civil Aviation
A Japan will negotiate bilateral or multilateral international civil aviation agreements with the United States as soon as possible at the request of the United States.
B before signing the above agreement, Japan will give the alliance no less than the air traffic rights and privileges it already enjoyed on the date of entry into force of this treaty within four years after the first entry into force of this treaty, including equal opportunities for air service business and development.
C Before becoming a member of the International Civil Aviation Agreement, Japan will implement the International Aviation Regulations applicable to aircraft and the standards, methods and procedures attached to the same treaty according to the provisions of Article 93.
Chapter V Ownership and Property
Article 14 Compensation for Foreign Property
A. The Allies acknowledge that Japan should compensate all the damages and sufferings caused by the Allied wars, but the resources available to Japan at present are not enough to support an independent economy, nor can they fully compensate all the above damages and sufferings.
Therefore,
1. With the consent of the allies, Japan will negotiate with those countries whose land is still occupied by the Japanese army and need to compensate for the damage caused by Japan. These countries should resume production and salvage sunken ships through Japanese workers. This compensation should not cause additional burden. If there is a need for raw material manufacturing, this kind of raw material will be provided by the allies after consideration, so as to avoid Japan's exchange burden.
2. (i) According to paragraph (ii) below, each Union State has the right to seize, detain, liquidate or dispose of the following property, rights and interests;
(a) Japan and Japanese nationals; (b) An agent, representative or national of Japan; And (c) entities owned or controlled by Japan or Japanese, including enemy property blocked, subordinate, owned or controlled by the Allies but owned, held or managed by the above (a), (b) and (c).
(ii) The following are exceptions to (i) above
1. Property owned by Japanese natural persons legally residing in the territory of allied countries not occupied by Japan in wartime, except that such property is restricted by wartime laws and regulations and has not been dissolved on the date of the first entry into force of this Treaty.
Two. All real estate, furniture and fixtures owned by the Japanese government for diplomatic and consular purposes, as well as personal furniture and furnishings owned by all Japanese diplomatic and consular personnel who have no diplomatic or consular functions, and other private properties that are not of an investment nature.
Three. Property owned by religious legal persons or private charities for religious or charitable purposes.
Four. 1945 Property, rights and interests belonging to the Union country due to the resumption of trade and financial relations with Japan after September 2, unless their sources conflict with the laws of the Union country.
V debts of Japan or Japanese nationals, rights, names or interests of any tangible assets located in Japan, enterprise organizations established according to Japanese laws or relevant documents. Unless the debts of Japan and Japanese nationals can only be expressed in Japanese currency.
(3) The exceptions mentioned in Articles 1 to 5 above concerning property shall be returned after paying a reasonable maintenance and management fee. However, if the property has been liquidated, its income shall be returned.
(iv) The right to arrest, seize, liquidate or dispose of property mentioned in item (i) above shall comply with the relevant laws and regulations of the Union State. The owner must be authorized by the law mentioned in the preceding paragraph to have this right.
(v) The Union States agree to deal with Japanese trademark, literary and artistic property rights in a way that is common to all countries and beneficial to Japan.
B unless otherwise stipulated in this treaty, the alliance waives the right to claim, and the alliance and its nationals waive the right to claim for other war acts of Japan and Japanese nationals during the war, as well as the right to claim for direct military expenses of the occupation.
Article 15 Return of property of the Union State
A. Within 9 months from the date of the first entry into force of this Treaty between Japan and the Allies, and within 6 months from the date of the aforementioned application, Japan will return the tangible and intangible property and all rights or interests in any form of the Allies and their nationals in Japan, and the time will be1941kloc-0/February 7, 2008 to194565438. The above-mentioned property shall be returned to the original owner after being exempted from the burden and expenses caused by the war, and such return shall be free of charge. If the property mentioned in the preceding paragraph fails to apply within the prescribed time limit due to the owner or his government, the Japanese government may dispose of his property. If the property of Japan/KOOC-0/94/KOOC-0//KOOC-0/2.7 cannot be returned or is damaged by war, compensation will be made according to the Allied Property Compensation Law passed by the Japanese Cabinet on June/KOOC-0/95/KOOC-0/3.
B With regard to industrial ownership damaged by war, Japan will continue to grant its allies and their nationals no less than Cabinet Order No.309, Cabinet Order No.0/2, Cabinet Order No.0/950, and Cabinet Order No.0/950, which came into effect on February 28th, 1 950. However, the nationals mentioned in the preceding paragraph shall apply within the time limit.
c.
1. Japan's cognition: The literary and artistic property rights published or unpublished by the Union and its nationals in Japan on February 6 194 165438 will continue to be effective from that date, and the above rights will be recognized. This right will not expire because of the conventions or agreements signed between Japan and other countries, but because of the war, Japan or the alliance will be abolished or stopped because of the provisions of domestic laws.
Two. From 194 1 12.7 to the date when this treaty comes into force between Japan and its allies, this right does not need to be applied by the owner, nor does it need to pay any fees or compensation for the formalities. However, when calculating the time limit, the usual time limit should be deducted and the six-month time limit for translating the literary work into Japanese should be added.
Article 16 Japanese Property of Non-Allies
If members of the allied forces are abused by Japanese prisoners of war and demand compensation, Japan may transfer the property of itself and its nationals in neutral countries or countries hostile to the allied countries during the war, or for the benefit of the above-mentioned prisoners of war and their families, transfer the above-mentioned property to the International Red Cross for liquidation and fair distribution to the appropriate national authorities, but according to Article 14 (a) 2. (ii) ii. The transfer provisions of this article do not apply to the Bank for International Settlements 19770 shares owned by Japanese financial authorities.
Article 17 Review of judgment
A if requested by the allies, the Japanese government should review and revise the judgments and orders made by the Japanese war prisoners' court on the state ownership of the allies in accordance with international law, and provide copies of all documents, including the judgments and orders of relevant cases. If it is confirmed that the property should be returned after the above property inspection and revision, the provisions of 15 shall apply.
B the Japanese government shall, within 1 year after the first entry into force of this treaty with some allied countries, take necessary measures to ensure the rights and interests of the allied countries to request the Japanese authorities to review, that is, the judgment that the allied countries' nationals cannot properly state during the period from 194 1 to the effective date, regardless of whether the allied countries are plaintiffs or defendants. If a national of the Union State is injured as a result of the judgment, the Japanese government should restore the person to the state before the judgment, or give the case just, fair and effective compensation.
Article 18 Pre-war Debt
A state of war does not affect pre-war debts and monetary debts (including bonds) arising from contracts. This monetary debt includes debts owed by the Japanese government and Japanese nationals to individual allies, or debts owed by allies and their nationals to the Japanese government and Japanese nationals. The state of war does not affect the following obligations, including the right to claim for property loss or damage, or the right to claim for personal injury or death caused by war, or the right of the allied government to file or re-file claims with the Japanese government and the Japanese government to the allies. The provisions of the preceding paragraph shall not prejudice the rights conferred by Article 14.
B. Japan confirmed the foreign-related debts of various countries before the war, and confirmed the foreign-related debts of various groups after Japan made this announcement. At the same time, it is confirmed to negotiate with creditors on the payment of debts, encourage negotiations on other pre-war creditor's rights and obligations, and promote the transfer payment of this amount.
Article 19 Waiver of War Claims
A. Japan and Japanese nationals waive all claims for war or state of war against the Alliance and its nationals, and at the same time waive claims for the existence, official acts or actions of the Alliance forces and authorities on Japanese territory before the entry into force of this Treaty.
B. The abandonment mentioned in the preceding paragraph includes the actions of the Allies related to Japanese ships from September 1939 to the effective date of this Treaty, and also includes the claims and debts of Japanese prisoners of war and civilian detainees captured by the Allies in the war, but does not include the claims and debts of the Japanese specifically recognized in the laws enacted by the Allies after September 2, 945.
C under the condition of reciprocal waiver, the Japanese government also waives all claims (including debts) on behalf of the Japanese government or Japanese nationals against Germany and German nationals, including intergovernmental claims, as well as losses and damages suffered in the war, but does not include contracts signed before 1 September 9391day and their rights, nor does it include1September 945. The waiver mentioned in the preceding paragraph shall not violate the provisions of Article 16 and Article 20 of this Treaty.
D. Japan recognizes the legal effect of all acts and omissions authorized by the occupation authorities or Japanese laws at that time during the occupation period, and at the same time, Japan will not investigate the civil or criminal responsibilities arising from the acts and omissions of allied nationals.
Article 20 German property
According to the relevant provisions of the protocol of 1945 Berlin Conference, Japan will take necessary measures against its allies and have the right to dispose of German property located in Japan. If the Allies shelve the final disposal of the above-mentioned property, Japan must assume the responsibility of preservation and management.
Article 2 1 China-DPRK Beneficial Right
China and North Korea are not subject to the restrictions stipulated in Article 25 of this Treaty. China enjoys the rights and interests of Articles 10 and 14 of this Treaty, and North Korea enjoys the rights and interests of Articles 2, 4, 9 and 12 of this Treaty.
Chapter VI Dispute Resolution
Article 23 Interpretation of treaties
If any party to this Treaty disputes the interpretation and implementation of this Treaty, and the dispute cannot be resolved through the Special Claims Committee or other means agreed by all parties, the dispute shall be submitted to the International Court of Justice for adjudication at the request of any party. Japan and its relevant allies, which are not parties to the Statute of the International Court of Justice, may submit these instruments to the International Court of Justice in accordance with the resolution of the United Nations Security Council 1946 10.05 on the general statement of accepting jurisdiction in this article in the absence of a special agreement, after the relevant State party has ratified this Agreement.
Chapter VII Final Clauses
Article 23 Ratification and entry into force
1. Signatories to this Treaty, including Japan, shall be approved by the National Assembly. The Treaty will enter into force for all ratifying countries, including Australia, Canada, Ceylon, France, Indonesia, the Kingdom of the Netherlands, New Zealand, Pakistan, the Philippines, the United Kingdom of Great Britain and Northern Ireland and the United States of America, after Japan's ratification instrument and most of the following ratifying countries, including the United States of America, have been delivered. This Treaty shall enter into force for all countries after they have submitted their instruments of ratification.
B if this treaty does not enter into force within nine months after the Japanese ratification documents are delivered, it will enter into force between Japan and the ratifying countries after any ratifying country officially notifies the Japanese government and the American government. However, the official notice shall be issued within three years after the Japanese ratification is served.
Article 24 Deposit of ratification
All instruments of ratification shall be deposited with the government of the United States of America, which shall notify the signatory countries of the above deposit according to the effective date stipulated in Article 23 A and the notice stipulated in Article 23 B of this Treaty. ..
Article 25 Definition of Union State
The so-called Allies in this Treaty refer to countries that are at war with Japan, or countries listed in Article 23 that were previously part of their territory, and which have signed and ratified this Treaty. According to Article 2 1, this Treaty does not grant any right, title or interest to any country that is not the above-mentioned union country. Any rights, names and interests of Japan shall not be reduced or damaged by invoking the provisions of this Treaty because it is not the above-mentioned ally.
Article 26 Peace between the two countries
Japan will sign a bilateral peace treaty with any country that supports or signs the declaration of the United Nations 1942 65438+ 10 1, or any country that is at war with Japan, or the country listed in Article 23 that was once part of Japan's territory, but the country is not a signatory to the treaty, and the conditions are basically the same as the treaty. However, this obligation of Japan is only valid for three years from the date of the first entry into force of this treaty for individual allies. If Japan signs a peace agreement or a war request agreement with any country and gives it conditions superior to those stipulated in this treaty, this preferential treatment will automatically be extended to all signatories to this treaty.
Article 27 Depositary of treaties
This Treaty shall be deposited in the archives of the Government of the United States of America, and the Government of the United States shall transmit the official copy to the signatory countries concerned. In good faith, the following plenipotentiary committees signed this treaty.
Done in San Francisco on September 8th, 195 1, and the English, French, Spanish and Japanese versions are equally authentic.
ratifying state
The treaty has been ratified by the following 46 countries (in Roman alphabetical order):
Argentina
Australia
Belgium
Bolivia
Brazil
Cambodia
Canada
pepper
Costa Rica
Cuba
Dominica
Ecuador
Egypt
Salvador
Ethiopia
France
Greece
Guatemala
Haiti
Honduras
Iran
Iraq
Laos
Lebanon
Leibiria
Mexico
the Netherlands
New Zealand
Nicaragua
Norway
Pakistan
Panama
Paraguay
Peru
the Philippines
Saudi Arabia
* * * Republic of South Africa
Sri Lanka
Syria
turkey
Kingdom of Great Britain and Northern Ireland
United States of America
Uruguay
Venezuela
Viet Nam
Japan