Chinese translation of the Treaty of San Francisco Peace
Peace Treaty with Japan---
In view of the mutual relations between the Allied Powers and Japan, in the future they will be based on sovereign equality, friendly cooperation to enhance the well-being of our fellow citizens and maintain international peace and security, and therefore resolve to sign a peace treaty to resolve the remaining problems and belligerent conditions between the warring parties.
Japan declares to join the United Nations and abide by the principles of the United Nations Charter, strive to realize the Universal Declaration of Human Rights, and create domestic policies in compliance with Articles 55 and 56 of the United Nations Charter, Japanese post-war legislation, and in public and private trade and commerce. Comply with international standards for stability and well-being.
Whereas the Allied Powers welcome Japan's declaration of the aforementioned intention; the Allied Powers and Japan have resolved to conclude this treaty, appoint the following plenipotentiary representatives and, after they have expressed their letters of plenipotentiary, agree to the following terms:
Chapter 1 Peace
Article 1 End of the State of War and Recognition of Japan’s Sovereignty
a. The state of war between Japan and the Allied Powers shall, in accordance with the provisions of Article 23 of this Treaty, be a self-determination. The treaties between Japan and the Allied Powers will end on the effective date.
b. The Allied Powers recognize the complete sovereignty of Japan and its nationals in its territorial waters.
Chapter 2 Territory Chapter 2 Territory
Article 2 Territorial Abandonment
a. Japan recognizes the independence of Korea and renounces all territorial rights to Korea, including Jeju Island, All rights, famous objects and claims to Jumundo and Ulleungdo.
b. Japan renounces all rights, names, and claims to Taiwan and Penghu.
c. Japan relinquishes all rights, titles, and claims to the Kuril Islands, the portion of Sakhalin acquired on September 5, 1905, and adjacent islands.
d. Japan renounces all rights, titles and claims related to the League of Nations Mandate, and at the same time accepts the resolution adopted by the United Nations Security Council on April 2, 1947 regarding Japan's Mandate on the aforementioned Pacific Islands. Trust governance arrangements.
e. Japan waives all claims to rights, property or interests derived from the activities of Japan or its nationals in the Antarctic region.
f. Japan renounces all rights, names and claims to the Nansha Islands and Paracel Islands.
Article 3 Trust Rule
Japan agrees to the United States’ control over the Southwest Islands (including the Ryukyu Islands and the Daito Islands) south of 29 degrees north latitude, and the southern islands south of the Suifu Rock (including the The Ogasawara Islands, Nishino and Volcanic Islands), Okinotori Island and Minamitori Island were submitted to the United Nations for a trust governance system proposal. Before this proposal is passed, the United States will have executive, legislative, and judicial rights over the above-mentioned areas, residents, and maritime areas.
Article 4 Property
a. In accordance with the provisions of paragraph b. of this Article, within the areas listed in Article 2, the authorities currently managing the area and its residents (including legal persons) (including), the disposition of property, claims, and debts of Japan and Japanese nationals by the authorities, and the disposition of the property, claims, and debts, including debts, of Japan and Japanese nationals by the authorities in Japan and Japanese nationals by the authorities and their residents in Japan shall be based on the This is subject to a special agreement between Japan and this authority. The property of the Union State and its nationals in the areas listed in Article 2 that have not yet been returned shall be returned by the administrative authorities according to the status quo (the nationals referred to in the preceding paragraph include legal persons in this treaty).
b. Japan recognizes the validity of the disposition of property of Japan and Japanese nationals by the U.S. military government in Articles 2 and 3 above.
c. Under this treaty, the submarine cables controlled by Japan and connected to Japan will be equally divided. The Japanese owner is the Japanese end of the equipment with half of the cable, and separates the remaining areas of the cable and its end equipment.
Chapter 3 Security Chapter 3 Security
Article 5 United Nations Right of Collective Defense and Self-Defense
a. Japan accepts the provisions of Article 2 of the United Nations Charter obligations stipulated.
i. Resolve international disputes through the above-mentioned peaceful means to avoid endangering international peace, security and justice.
ii. In international relations, use intimidation or force with caution when it is against a country’s territorial integrity or political independence and is consistent with the purpose of the establishment of the United Nations.
iii. Support the United Nations in its actions consistent with the Charter and prudently provide assistance to countries that take preventive or enforcement actions against the United Nations.
b. The Allied Powers confirm that their relations with Japan will be based on the principles of Article 2 of the United Nations Charter.
c. The Allied Powers recognize that Japan, as a sovereign country, has inherent rights such as the right of individual or collective self-defense in accordance with Article 51 of the United Nations Charter. At the same time, Japan can independently conclude collective security agreements.
Article 6 End of Occupation
a. After the entry into force of this Treaty, all Allied Occupying Forces shall withdraw from Japan as soon as possible, but not later than after the entry into force of this Treaty. 90 days. If Japan and the Allied Powers conclude bilateral or multilateral agreements regarding the stationing or maintenance of foreign troops on Japanese territory, they shall not be subject to the provisions of this article.
b. According to Article 9 of the Potsdam Declaration of July 26, 1945, the provisions regarding the withdrawal of Japanese troops back to the country, if not yet completed, may continue to be implemented.
c. All Japanese property requisitioned by the occupying forces but for which compensation has not yet been received, as well as Japanese property occupied by the occupying forces when this treaty comes into force, shall be returned to Japan within 90 days unless otherwise arranged by bilateral agreement. government.
Chapter 4
Political and Economic Provisions
Article 7 Validity of the Treaty between the Two Countries
a. Within one year of the effectiveness of this treaty between individual Allied countries and Japan, Japan may be notified whether the bilateral treaties or agreements signed with Japan before the war will continue to be valid or re-validated. Notifications of amendments to the continued validity or re-entry into force of the aforementioned treaties and agreements shall be based on compliance with the spirit of this treaty. This treaty and agreement will be deemed to remain in force or re-enter into force three months after it is notified to Japan and registered with the United Nations Secretariat. All the aforementioned treaties or agreements shall be deemed invalid if they are not notified to Japan.
b. Pursuant to paragraph a. of this Article, the Allied Powers that have notification responsibilities in international relations may have exclusionary conditions for the continued validity or re-validity of a treaty or agreement. This exclusion will cease to apply three months after notification to Japan.
Article 8 Recognition of treaties related to the end of the war and renunciation of rights and interests in treaties
a. Japan recognizes the validity of treaties concluded by the Allied Powers to terminate the state of war since September 1, 1939. Japan also recognized the Allied Powers' resolution to restore peace. Japan also accepted the previous resolutions of the League of Nations and the Permanent Court of International Justice to end the war.
b. Japan renounces all rights and interests derived from being a signatory to the following treaties: the Treaty of St. Germain-en-Laye of September 10, 1919, and the Treaty of St. Germain-en-Laye of July 20, 1936. The "Montreux Straits Agreement" of 1923, and the "Peace Treaty with Turkey" signed in Lausanne on July 24, 1923.
c. Japan waives all rights, titles and interests in acquiring and performing obligations, namely, the Agreement between Germany and its Creditor Countries of May 17, 1930 and its accompanying documents, including the Trust Agreement, As well as the "Bank for International Settlements" and the "Statute of the Bank for International Settlements" of January 20, 1930. Japan will notify the Minister of Foreign Affairs in Paris within six months of the first entry into force of this Treaty of the rights, privileges and benefits renounced in the foregoing paragraph.
Article 9 Fisheries Agreement Japan will immediately negotiate with the Alliance countries on issues such as fishing restrictions on the high seas, fishery preservation and development, and enter into bilateral or multilateral agreements.
Article 10 China-related rights and interests
Japan waives all special rights and interests related to China, including the provisions of the Final Protocol signed in Beijing on September 7, 1901, and its The interests and privileges derived from the attachments, tablets and documents to China; at the same time, agree to waive the provisions of the aforementioned protocol, its attachments, tablets and documents.
Article 11 War Crimes Punishment
Japan accepts the judgments of the "International Military Court for the Far East" and the "Allied Powers War Crimes Criminal Court" both inside and outside Japanese territory, and commits to execute the judgments of the aforementioned Judgment of Japanese nationals detained in Japan. The pardons, commutations and paroles of the aforementioned inmates by the Allied Powers may not be implemented based on the individual considerations of one or a majority of the Allied Powers' governments, or based on the recommendations of the Japanese government. The judgment of the "International Military Court for the Far East" shall not be implemented unless it is decided by a majority of the representatives of the Allied governments in the court and based on the recommendation of the Japanese government.
Article 12 Treaty of Commerce and Navigation
a. Japan declares that it will work with the Allied Powers as soon as possible to resolve relevant trade, shipping and other commercial relations on the basis of stable and friendly relations. Negotiate a treaty or agreement.
b. Until the signing of relevant treaties or agreements, Japan will commit to the following matters within 4 years from the first effective date of this treaty:
-1- Treat all alliance countries and nationals equally , The following items related to products and ships:
i. Most-favored-nation treatment such as tariffs, fees, restrictions and other regulations related to the import and export of goods.
ii. National treatment related to shipping, navigation and imported goods, as well as to natural persons, legal persons and their interests. This national treatment includes matters such as taxation and collection, the right to accept court adjudication, the signing and performance of contracts, property ownership (tangible and intangible), participation in corporate organizations under Japanese law, and general commercial and professional activities.
-2-
c. Ensure that Japan’s state-owned trading enterprises’ external purchases and sales should be based solely on commercial considerations.
Japan should grant national treatment or most-favored-nation treatment to allied countries on the condition that each alliance country provides reciprocal treatment. The reciprocity referred to in the preceding paragraph shall be based on the following principle: Goods, ships, legal persons, and residents of non-national countries of the Union, as well as legal persons and residents of states and states of the Union that have a federal system, shall be accorded equal treatment to Japan as a region, state, or state.
d. The application of this article shall not derogate from national treatment or most-favored-nation treatment due to the usual exceptional discrimination provisions of commercial treaties implemented by the parties. National treatment or most-favored-nation treatment shall not be derogated for the purpose of protecting the foreign-related financial status or international balance of payments of the country concerned (with the exception of maritime transport or navigation-related matters), or by using appropriate, arbitrary or unreasonable means to safeguard major security interests.
e. Japan’s obligations under this Article shall not be affected by the exercise of the rights of any Allied Powers in Article 14 of this Treaty. The provisions of this Article shall not be construed as limiting Japan's commitments under Article 15 of this Treaty.
Article 13 International Civil Aviation
a. Japan will negotiate bilateral or multilateral international civil aviation agreements with allied countries as soon as possible at their request.
b. Prior to the signing of the aforementioned agreement, Japan will, within 4 years from the first entry into force of this Treaty, grant to the Alliance State air traffic rights and privileges no less than those already possessed by the Alliance State on the date of entry into force. Including equal opportunities for aviation 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 in accordance with the provisions of Article 93 of the "International Civil Aviation Agreement", and will implement the standards and annex documents of the same treaty. Methods and procedures.
Chapter 5 Ownership and Property
Article 14 Compensation, Property in Foreign Countries
a. The Allied Powers recognize that Japan should compensate the Allied Powers for those killed in the war However, Japan currently has insufficient resources to support an independent economy and to fully compensate for all the damage and suffering mentioned above.
Therefore,
1. Those whose territories are still occupied by Japanese troops and have suffered damage due to Japan that require compensation and with the consent of the Allied Powers, should be restored through the labor of Japanese Japan will negotiate with countries that require expenses for production, salvage of sunken ships and other related operations as soon as possible regarding compensation for the aforementioned damages. This compensation shall not impose any additional burden. If there is a need for raw materials for manufacturing, these raw materials shall be supplied by the Allied Powers after consideration, so as to prevent Japan from bearing exchange burdens.
2. (I) Subject to (II) below, each Union Power shall have the power to arrest, detain, liquidate or dispose of the following property, rights and interests;
(a ) Japan and Japanese nationals (b) Japan's agents, representatives, or Japanese nationals, and (c) Japan or entities owned or controlled by Japanese persons such property, rights and interests, including those currently blocked by the Allied Powers, Property belonging to, owned or controlled by an enemy state, but owned, held or managed by (a), (b) or (c) above.
(II) The following are exceptions to the above (I)
i. Property owned by Japanese natural persons who legally resided in the territory of the Allied Powers in non-Japanese occupied areas during wartime, provided that such property is subject to wartime regulations and has not been dissolved on the first date of entry into force of this Treaty.
ii. All real estate, furniture and fixtures owned by the Japanese government and used for diplomatic or consular purposes, as well as all personal furniture and furnishings owned by Japanese diplomatic and consular personnel that do not have diplomatic or consular functions; Other non-investment private property.
iii. Property owned by religious legal persons or private charitable institutions for religious or charitable purposes
iv. After September 2, 1945 due to the restoration of trade and financial relations with Japan Property, rights and interests assigned to the Union State, except where their origin conflicts with the laws of the Union State.
v. Debts of Japan or Japanese nationals, any rights, names or interests in tangible assets located in Japan, corporate organizations established in accordance with Japanese law, or related documents and materials. However, debts of Japan and Japanese nationals that can only be expressed in Japanese currency are excluded.
(III) Exceptions to the foregoing i. to v. regarding property shall be returned upon payment of reasonable preservation and management costs. However, if the property has been liquidated, the income shall be returned.
(IV) The right to arrest, lien, liquidate or dispose of property as described in the above (I) shall comply with the relevant laws and regulations of the Union. The owner must be authorized by the law in the preceding paragraph to have this right.
(V) The Alliance countries agree to handle Japanese trademark, literary and artistic property rights in a manner common to all countries and beneficial to Japan.
b. Except as otherwise provided in this Treaty, the Allied Powers waive their right to claim for compensation, the Allied Powers and their nationals waive other claims for compensation for acts of war committed by Japan and the Japanese people during the war, and waive the direct military force of occupation. Right to claim fees.
Article 15 Return of property to the Allied Powers
a. If you apply within 9 months from the date when this treaty first came into effect between Japan and the Allied Powers, 6 months from the aforementioned application date Within the period, Japan will return to the Allied Powers and their nationals all tangible and intangible property, and all rights or interests of any kind, located in Japan from December 7, 1941 to December 2, 1945, unless the owners thereof have ceased to exist without threat. and freely dispose of said property without fraud. The said property shall be returned to its original owners free from the burdens and charges imposed by the war, and no fees shall be charged for such return. If the property mentioned in the preceding paragraph is unable to apply within the prescribed time limit due to reasons of the owner or its government, the Japanese government may dispose of the property. If such property cannot be returned to Japan as of December 7, 1941, or has been damaged due to war, conditions no less favorable will be provided in accordance with the "Allied Property Compensation Act" passed by the Japanese Cabinet on July 13, 1951. compensation.
b. Regarding industrial ownership damaged by the war, Japan will continue to grant the Allied Powers and their nationals no less than "Cabinet Decree No. 309" effective on September 1, 1949, February 1950 "Cabinet Decree No. 12" that took effect on February 28, 1950, and "Cabinet Decree No. 9" that took effect on February 1, 1950, as well as the benefits of their revised decrees. However, the aforementioned nationals should apply within the time limit.
c.
i. Japan recognizes that property rights in literature and art published or unpublished in Japan by the Allied Powers and their nationals on December 6, 1941 shall continue from that date It is valid and recognizes the above-mentioned rights. This right shall not be invalid due to the conventions or agreements signed between Japan and other countries, but shall be invalidated or suspended due to the provisions of domestic laws of Japan or the allied country due to war.
ii. From December 7, 1941 until the effective date of this treaty for Japan and the Allied Powers respectively, this right does not need to be applied for by the owner, and no fees or compensation will be paid for the procedures. However, The calculation of the time limit should deduct the usual time limit and add the 6 months required to obtain the Japanese translation rights by translating the literary work into Japanese.
Article 16 Japanese property of non-Allied countries
If a member of the Allied military forces is captured by Japan and suffers unjust treatment and claims compensation, Japan may transfer its own and its nationals in the war If the property is located in a neutral country or a country hostile to the Allied Powers, or for the benefit of the aforementioned war prisoners and their families, the aforementioned property may be transferred to the "International Red Cross" for liquidation and equitable distribution to the appropriate national authorities, provided that Exceptions include property of the types indicated in Article 14 (a) 2. (II) ii. to v. of this Treaty, as well as property of Japanese natural persons who do not reside in Japan as of the first effective date of this Treaty. The transfer provisions of this article shall also not apply to the 19,770 shares of the Bank for International Settlements owned by the Japanese fiscal authorities.
Re-examination of Article 17 Judgment
a. If requested by the Allied Powers, the Japanese government shall review and correct the actions of the Japan War Profit Tribunal concerning the Allied Powers based on international law. National ownership judgments and orders, and copies of all documents, including judgments and orders, related to the case should be provided. If it is confirmed that the property should be returned after the aforementioned inspection and correction, the provisions of Article 15 shall apply.
b. The Japanese Government shall, within one year after this Treaty first enters into force with an individual Allied Power, take necessary measures to ensure the rights of such Allied Power to make the following review requests to the competent authorities of Japan, that is, since December 1941 Between the 7th of September and the effective date of the judgment, the Union national is unable to properly state the judgment, regardless of whether the Union national is the plaintiff or the defendant. If a national of the Allied Powers is harmed as a result of the judgment, the Japanese government shall restore the citizen to the position he was in before the judgment, or provide him with just, equitable and effective compensation in the case.
Article 18 Pre-war Debts
a. The state of war shall not affect pre-war debts and monetary debts derived from contracts (including bonds). This monetary debt includes debts owed by the Japanese government and Japanese nationals to individual Allied countries, or debts owed by individual Allied countries and nationals of the Allied countries to the Japanese government and Japanese nationals. The state of war shall not affect the following obligations, including claims for property loss or damage, or personal claims for bodily injury or death resulting from war, or claims made or re-raised by the governments of the Allied Powers against the Japanese Government, or the Japanese Government against the Allied Powers. right to request. The provisions of the preceding paragraph shall not prejudice the rights conferred by Article 14.
b. Japan confirms its foreign debts to pre-war countries, and the group’s foreign debt responsibilities after Japan makes this declaration. At the same time, it is confirmed to negotiate with creditors on the payment of debts, encourage negotiations on other pre-war claims and obligations, and promote the transfer payment of this amount.
Article 19 Waiver of War Claims
a. Japan and its nationals waive all claims against the Allied Powers and their nationals relating to war or the continuation of a state of war, and at the same time Waives any claim regarding the presence, official conduct or actions of the Allied Powers' troops and authorities on Japanese territory before the entry into force of this Treaty.
b. The renunciation in the preceding paragraph includes the actions of the Allied Powers related to Japanese ships from September 1, 1939 to the effective date of this Treaty, and also includes Japanese ships captured by the Allied Powers during the war. The claims and debts of prisoners of war and civilian internees, but do not include the claims of the Japanese specifically recognized in the laws enacted by the Allied Powers after September 2, 1945.
c. Subject to the reciprocal waiver, the Japanese government also waives all claims (including debts), including intergovernmental claims, against Germany and German nationals for acts performed on behalf of the Japanese government or Japanese nationals, and losses and damages suffered during the war, but does not include contracts signed before September 1, 1939 and rights acquired therefrom, nor does it include claims arising from trade and financial relations between Japan and Germany after September 2, 1945. . The waiver in the preceding paragraph shall not conflict with the provisions of Articles 16 and 20 of this Treaty.
d. Japan recognizes the legal validity of all acts and omissions authorized by the occupying authorities or Japanese laws during the occupation, and Japan will not hold Allied nationals accountable for such acts or omissions. resulting civil or criminal liability.
Article 20 German Property
According to the relevant provisions of the 1945 "Berlin Conference" Protocol, with respect to the Allied Powers that have the right to dispose of German property located in Japan, Japan will take measures against such property. necessary measures. If the Allied Powers shelve the final disposition of the above-mentioned property, Japan shall assume the responsibility for its preservation and management.
Article 21 Beneficial Rights of China and North Korea
China and North Korea are not subject to the provisions of Article 25 of this Treaty. China shall enjoy the benefits of Articles 10 and 14 of this Treaty. North Korea enjoys the rights and interests of Articles 2, 4, 9 and 12 of this Treaty.
Chapter 6 Dispute Resolution
Article 23 Treaty Interpretation
If any party to this treaty has a dispute regarding the interpretation and implementation of this treaty, and This dispute cannot be resolved by the Special Claims Committee or other agreed-upon means. The dispute should be submitted to the International Court of Justice for adjudication at the request of either party. Japan and the relevant alliance states that are not parties to the Statute of the International Tribunal shall accept this provision and accept jurisdiction without having to go through Resolutions of general declarations of special agreements may be submitted to the International Court of Justice.
Chapter 7 Final Provisions
Article 23 Ratification and Entry into Force
a. The signatories of this Treaty, including Japan, shall obtain approval from the National Assembly. This Treaty shall enter into force upon receipt of the instrument of ratification by Japan and by a majority of the following ratifying Powers, including the United States of America as the principal occupying Power, including Australia, Canada, Ceylon, France, Indonesia, the Kingdom of the Netherlands, New Zealand, Pakistan, the Republic of the Philippines, the Kingdom of Great Britain and Northern Ireland, and the United States of America. This Treaty shall enter into force individually upon the receipt of the instrument of ratification by that ratifying country.
b. If this Treaty does not enter into force within nine months after the delivery of the instrument of ratification by Japan, this Treaty will automatically become effective between Japan and the ratifying State upon formal notification to the Government of Japan and the United States Government by any ratifying State. Take effect. However, this formal notification shall be made within three years after Japan's letter of approval is delivered.
Article 24 Deposit of Instruments of Ratification
All instruments of ratification shall be deposited with the Government of the United States of America, which shall in accordance with Article 23a. Article 23b. The notification stipulates that the aforementioned notification of deposit shall be notified to all signatories.
Article 25 Definition of the Allied Powers
The Allied Powers referred to in this treaty shall mean the countries at war with Japan, or the countries enumerated in Article 23 that were previously part of the territory of that country , and this country has signed and ratified this treaty. Subject to Article 21, this Treaty shall not confer any rights, title or benefits upon any country other than the aforementioned Allied Powers. Any rights, titles, and interests of Japan that do not belong to the aforementioned Allied Powers shall not be reduced or damaged by the application of the provisions of this Treaty.
Article 26 Peace between the Two Countries
Japan will cooperate with any country that supports or signs the "United Nations Declaration" of January 1, 1942, or is in a state of war with Japan. or a bilateral peace treaty may be entered into under substantially the same conditions as this treaty by enumerating a country that was previously part of the territory of that country in accordance with Article 23 but is not a signatory to this treaty. However, this obligation of Japan is only valid for three years from the date when this treaty first enters into force for the individual Allied countries. If Japan concludes a peace agreement or a war request agreement with any country that grants that country better terms than those stipulated in this treaty, such preferential treatment shall automatically be extended to all signatories of this treaty.
Article 27 Deposit of Treaty
This Treaty shall be deposited in the archives of the Government of the United States of America, which Government shall transmit official copies to each of the signatories concerned. In trust and faithfulness, the following Plenipotentiary Committee has signed this Treaty.
Done at San Francisco on September 8, 1951, in the English, French, Spanish and Japanese versions, with equal authenticity.
Ratifying countries
The ratifying countries of this treaty are 46 countries (in Roman alphabetical order) as follows:
Argentina
Australia
p>Belgium
Bolivia
Brazil
Cambodia
Canada
Chile
Costa Rica
Cuba
Dominican
Ecuador
Egypt
p>El Salvador
Ethiopia
France
Greece
Guatemala
Haiti
Honduras
Iran
Iraq
Laos
Lebanon
Liberia
Mexico
Netherlands
New Zealand
Nicaragua
Norway
Pakistan
Panama
Paraguay
Peru
Philippines
Saudi Arabia
South Africa*** and the Kingdom
Sri Lanka
Syria
Turkey
The Kingdom of Great Britain and Northern Ireland
United States of America
Uruguay
Venezuela
Vietnam
Japan