Tokyo Post Files: 320.1 Peace Treaty

Joint United States–United Kingdom Draft Peace Treaty1

U.S. contributions2
[secret]
U.K. contributions2

Joint United StatesUnited Kingdom Draft Prepared During the Discussions in Washington, AprilMay 1951

Preamble

. . . . . . . . . . hereinafter referred to as “the Allied Powers”, of the one part, and Japan, of the other part;

Whereas the Allied Powers and Japan are resolved that henceforth their relations shall be those of nations which, as sovereign [Page 1025] equals, co-operate 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 and will enable Japan to carry out her declared intentions to apply for membership in the United Nations Organization and in all circumstances to conform to the principles of the Charter of the United Nations; to strive to realise 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-war 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;

Have therefore agreed 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

The state of war between Japan and each of the Allied Powers is hereby terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned.

chapter ii

territory

Article 2

Japan renounces all rights, titles and claims to Korea (including Quelpart, Port Hamilton and Dagelet), [Formosa and the Pescadores]; and also all rights, titles and claims in connection with the mandate system [or based on any past activity of Japanese nationals in the Antarctic area]. Japan accepts the action of the United Nations Security Council of April 2, 1947, in relation to extending the trusteeship system to Pacific Islands formerly under mandate to Japan. (U.K. reserves position on passages between square brackets.)

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 administering authority, the Ryukyu Islands south of 29° north latitude, the Bonin Islands, including Rosario Island, the [Page 1026] Volcano Islands, 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. (U.K. reserves original paragraph 1 of Article 5 of U.K. draft.)

Article 4

Japan cedes to the Union of Soviet Socialist Republics the Kurile Islands, and that portion of South Sakhalin and the islands adjacent to it over which Japan formerly exercised sovereignty.

Article 5

(a) Except as may be otherwise agreed by the Allied Power concerned and Japan, Japan renounces all rights, titles and interests of Japan and its nationals (including juridical persons) in, and all claims in respect of, property situated in the territories mentioned in Articles 2 and 4 and undertakes to deliver to the Allied Power concerned records, archives and similar property pertaining directly to the government and administration of the areas ceded or renounced.

(b) Claims of residents of the territories ceded or renounced pursuant to Articles 2 and 4 hereof against Japan and persons in Japan (except claims arising out of trade and financial relations since September 2, 1945) shall be the subject of arrangements between the Allied Power concerned and Japan, taking cognizance of Japanese property in the respective territories renounced by Japan pursuant to paragraph (a) above.

(c) The disposition of property and claims relating to areas referred to in Article 3 shall be the subject of special arrangements.

(d) Japanese 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.

(Note: The problem of Japanese liability for debts in respect of properties in renounced or ceded territories remains to be considered.)

chapter iii

security

Article 6

(a) Japan accepts the obligations set forth in Article 2 of the Charter of the United Nations, and in particular 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, for their part, recognise that Japan as a sovereign nation possesses the inherent right of individual or collective self-defence referred to in the Charter of the United Nations and that Japan may voluntarily enter into a collective security arrangement or arrangements participated in by one or more of the Allied Powers.

(Note: Paragraph (b) is subject to further consideration by U.S.)

Article 7

(a) All armed 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) 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.

(Note: This Article is subject to further consideration by U.S.)

chapter iv

political and economic clauses

Article 8

(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 pre-war bilateral treaties with Japan it wishes to keep in force or revive, and any treaties 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. They shall resume their force three months after the date of notification and shall be registered with the Secretariat of the United Nations. All such treaties 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 any territory [Page 1028] for the international relations of which the notifying Power is responsible, until three months after notice cancelling this exception is given.

Article 9

(a) Japan undertakes to recognize the full force of all treaties now or hereafter concluded for terminating the state of war initiated on September 1st 1939, as well as any other arrangements 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 she may derive from being a signatory power of the Convention of St. Germain-en-Laye of September 10th, 1919, and the Straits Agreement of Montreux of July 20th, 1936, and from Article 16 of the Treaty of Lausanne of July 24th, 1923.

(c) Japan renounces all rights, title and interests resulting from the agreement with Germany dated 20th January 1930, the Convention dated 20th January 1930, and its Annexes concerning the Bank for International Settlements and the Trust Agreement dated 17th May 1930. Japan undertakes to notify to the Ministry of Foreign Affairs at Paris, within six months of the coming into force of the present treaty, her renunciation of the rights, title and interests referred to in this paragraph.

(Note: U.S. reserves its position regarding the Convention of St. Germain-en-Laye, and the Bank for International Settlements.)

Article 10

Japan agrees to enter promptly into negotiations with Allied Powers so desiring for the conclusion of new bilateral or multilateral agreements for the regulation, conservation and development of high seas fisheries.

(Note: U.K. reserves original paragraph 2 of Article 34 of U.K. draft.)

Article 11

Japan renounces all special rights and interests in China.

Article 12

The power to grant clemency, reduce sentences, parole and pardon (the last only when newly discovered evidence so warrants) with respect of the war crimes sentences imposed by military tribunals of the Allied Powers on persons who are imprisoned in Japan may not be exercised except on the decision of the Government or Governments which imposed the sentence in each instance, and on the recommendation [Page 1029] of Japan. In the case of the 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.

(Note: U.K. reserves the first sentence of Article 21 of U.K. draft and on the use of the word “pardon”.)3

Article 13

(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 on a stable and friendly basis the commercial, maritime and trading relations between them.

(b) Pending the coming into force of the relevant treaty or agreement Japan will, during a period of five years from the coming into force of the present Treaty, accord to each of the Allied Powers and its nationals (including juridical persons), on condition of herself in fact receiving in respect of the same matter national or most-favoured nation treatment, as the case may be, from the Allied Power concerned.

(i)
most favoured nation treatment with respect to customs duties, charges, import and export restrictions, and all other regulations imposed on or in connection with the importation or exportation of goods;
(ii)
national or most favoured nation treatment, whichever is the more favourable, with respect to imported products, vessels, property, interests, business, financial, commercial and professional activities in Japan; and with respect to shipping and navigation (excluding/including) coastal and inland navigation; such treatment shall include all matters pertaining to taxation and the levying of taxes, access to the Courts, the conclusion of contracts, the acquisition, ownership and disposal of property of all kinds, the creation of and participation in juridical persons constituted under Japanese law, and the treatment of any such juridical persons in which Allied Nationals have a participation.

(c) Allied nationals (including juridical persons) shall be granted equitable treatment (which shall not be less than national treatment) in respect of any measures involving the expropriation of their property, rights or interests in Japan. There shall be no such expropriation without the payment of adequate and effective compensation.

(d) In the application of this Article, a discriminatory measure shall not be considered to derogate from the grant of national or most [Page 1030] favoured 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, balance of payments or essential security interests, and provided such measure is proportionate to the circumstances and not applied in an arbitrary or unreasonable manner.

(e) Where an Allied Power has responsibility for the international relations of non-metropolitan or overseas territories, or consists of a federal state, lack of reciprocity afforded to Japan in one or more of such territories or in one or more of the constituent states of the federation shall not constitute a ground for the refusal by Japan of the treatment provided for by paragraph (b) of this Article to the other territories (including the metropolitan territory itself) or to the other states, or to persons, vessels, or juridical persons resident, registered, or constituted in such other territories or states as the case may be, or to the federal government. Similarly lack of reciprocity on the party of the metropolitan territory or federal government shall not of itself be a ground for the refusal of the said treatment to the other territories or constituent states, or to persons, vessels or juridical persons resident, registered or constituted in such other territories or states, as the case may be.

(f) Japan’s obligations under paragraph (b) of this Article shall not be affected by the exercise of any Allied rights under Article 15 of the present Treaty; nor shall the provisions of that paragraph be understood as limiting the undertakings assumed by Japan by virtue of Article 16 of the Treaty.

(Note: The references to Articles 15 and 16 in paragraph (f) are understood by the U.K. as references to Articles 27 and 26 respectively, of the U.K. draft. Article 13 is subject to further consideration on the part of both Governments.)

Article 14

Pending the conclusion of civil air transport agreements, Japan, during a period of five years, shall extend to each of the Allied Powers not less favourable international civil air traffic rights and privileges than those they respectively exercised at the time of coming into force of the present Treaty.

(Note: U.K. reserves Article 33 of the U.K. draft.)4

[Page 1031]

chapter v

claims and property

Article 15

(a) The Allied Powers recognize that Japan lacks the capacity to make payments in bullion, money, property or services which would enable Japan to maintain a viable economy, to meet its obligations for relief and economic assistance furnished since September 2, 1945, in furtherance of the objectives of the occupation, and also to make adequate reparation to the Allied Powers for war damage. However, each of the Allied Powers shall have the right to seize, retain, liquidate or otherwise dispose of all property, rights, and interests of Japan and of Japanese nationals (including juridical persons) which at any time between December 7 1941 and the coming into force of the present Treaty were subject to its jurisdiction, except:

(i)
property of Japanese nationals permitted to reside during the war in the territory of one of the Allied Powers, except property subjected during that period to measures not generally applicable to the property of Japanese nationals resident in such territory;
(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 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 arising out of the resumption of trade and financial relations between the country concerned and Japan or acquired pursuant to authorisation by the country concerned before the coming into force of the present Treaty.

Property referred to in this paragraph shall be returned net of any expenses incident to its preservation. If any such property has been liquidated the proceeds shall be returned instead.

(b) The right to seize, retain, liquidate or otherwise dispose of Japanese property referred to in paragraph (a) above shall be exercised in accordance with the laws of the Allied Power concerned, and the Japanese owner shall have only such rights as may be given him by those laws.

(c) 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.

[Page 1032]

(Note: The foregoing suggestions regarding reparations are made subject to current exchanges of views.)

(Note: U.K. reserves Articles 23 and 28 of U.K. draft and the question of dates in this and other relevant Articles.)

(Note: U.S. reserves its position with respect to the following of assets into Japan.)

Article 16

Within six months [one year]5 from the coming into force of the present Treaty Japan wall, upon demand, return the property, tangible and intangible, and all rights or interests of any kind, in Japan of each Allied Power and its nationals (including juridical persons) within Japan between December 7, 1941 and September 2, 1945, unless the owner has freely disposed thereof without duress or fraud. In the case of loss or damage to property of nationals (including juridical persons) of Allied Powers in Japan compensation will be made in accordance with Japanese domestic legislation in yen subject to Japanese foreign exchange regulations.

(Note: This Article is dependent on the nature of the legislation to be passed by Japan. In the meantime the U.K. maintains Articles 24 and 266 of the U.K. draft and also reserves on the drafting of the present Article. The U.S. is preparing a draft on patents and trademarks, and the U.K. on literary and artistic property and insurance deposits and reserves, for inclusion in the present Chapter).

(Note: A stipulation regarding immunity from taxes, levies or other charges along the lines of paragraph A (c) and 6 Article 26 of the U.K. draft may have to be included if satisfactory provision on this point is not included in the Japanese domestic legislation.)

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 (including juridical persons) 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 16 shall apply to the property concerned.

[Page 1033]

(b) The Japanese Government shall take the necessary measures to enable nationals (including juridical persons) of any of the Allied Powers at any time within one year from the coming into force of the present Treaty to submit to the appropriate Japanese authorities for review any judgment given by a Japanese court between 7th December 1941 and the coming into force of the present Treaty in any proceedings 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.

(Note: A reference to paragraph (a) should be included in paragraph 1 of Article 35 of the U.K. draft to provide for settlement of any dispute as to the rule of international law to be applied.)

Article 18

(a) Japan recognizes that the intervention of the former state of war does not affect the obligation of the Japanese Government or of Japanese nationals (including juridical persons) to pay debts and perform other contractual obligations, including those in respect of bonds, or to consider on the 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 due to or may be presented by the Government or nationals (including juridical persons) of an Allied Power.

(b) Japan affirms its liability for the pre-war external debt of the Japanese State and for debts of corporate bodies subsequently declared to be liabilites of the Japanese State and expresses its intention to enter on negotiations at an early date with its creditors with respect to the resumption of payments on those debts; agrees to facilitate negotiations in respect of private, pre-war claims and obligations; and agrees to facilitate the transfer of sums as to which liability has been recognized or may be established.

(Note: Problem of Japanese liability for debts in respect of properties in renounced or ceded territories remains to be considered.)

Article 19

(a) Japan waives all claims of Japan and its nationals (including juridical persons) against the Allied Powers and their nationals (including juridical persons) arising out of the 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.

[Page 1034]

(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 out of the Conventions on prisoners of war now in force.

(c) The Japanese Government also renounces all claims (including debts) against Germany and German nationals (including juridical persons) on behalf of the Japanese Government and Japanese nationals (including juridical persons) with the exception of claims arising from contracts and rights acquired before 1st September 1939, but including intergovernmental claims and claims arising from contracts and rights acquired before 1st September 1939, but including intergovernmental claims and claims for loss or damage sustained during the war.

(Note: U.S. desires to consider further paragraphs b and c.)

Article 20

Japan agrees to 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 19457 to dispose of those assets, and pending the final disposition of such assets to be responsible for the conservation and administration thereof.

chapter vi

settlement of disputes

Article 21

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 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 of all disputes of the character referred to in this Article.

(Note: U.K. reserves paragraph 1 of Article 35 of the U.K. draft.)8

[Page 1035]

chapter vii

final clauses

Article 22

The present Treaty shall, until it comes into force in accordance with Article 23, paragraph (a), remain open for signature on the part of any State at war with Japan. It shall thereafter be open to accession by any such State which has not signed it. All signatory and acceding States shall be deemed to be Allied Powers for the purposes of the Treaty.

Article 23

(a) The present Treaty shall be ratified by the States which sign it, including Japan, and will come into force for all the States which have then ratified it, when instruments of ratification have been deposited by Japan and by a majority, including the United States of America as the principal occupying Power, of the following Powers, namely Australia, Burma, Canada, Ceylon, China, France, India, Indonesia [Korea], the Netherlands, New Zealand, Pakistan, the Philippines, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, and the United States of America. It shall come into force for each State which subsequently ratifies or accedes on the date of the deposit of its instrument of ratification or accession.

(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 or which is entitled to accede to it may bring the Treaty into force between itself and Japan by a Notification to that effect given to the Governments of Japan and of the United States of America.

Article 24

All instruments of ratification or accession shall be deposited with the Government of the United States of America which will give notice of them and of the date of their deposit, as also of any notifications made under paragraph (b) of Article 23, to all the signatory and acceding States.

Article 25

Except for the provisions of Article 11 hereof, the present Treaty, shall not confer any rights, titles or benefits on any State unless and until it signs and ratifies or accedes to the Treaty; nor, with that exception, 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 does not sign and ratify, or accede to it.

[Page 1036]

Article 26

The present Treaty shall remain deposited in the archives of the Government of the United States of America by whom each signatory State will be furnished with a certified copy and will be notified of the date of the coming into force of the Treaty under paragraph (a) of Article 23.

In faith whereof the undersigned Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done at ______ this ______ day of ________ 1951, in the English and Japanese languages, the English text being authentic.

(The substance of Annex III of the U.K. draft (Contracts of Insurance) will be incorporated in Annex V (Contracts, etc.) which will then be circulated to the other Powers with the draft Treaty and will form the subject of a separate multilateral protocol to be signed by Japan and the other interested Powers at the same time as the Peace Treaty.)

Protocol

With respect to the Treaty of Peace signed this day, the Government of Japan makes the following Declaration:

1.
Except as otherwise provided in the said Treaty of Peace, Japan recognises the full force of all presently effective international instruments to which she was a party on 1st September 1939, and declares that she will, on the coming into force of the said Treaty, resume all her rights and obligations under those instruments. Where, however, participation in any instrument involves membership in an international organisation of which Japan ceased to be a member on or after 1st September 1939, the provisions of the present paragraph shall be dependent on Japan’s readmission to membership in the organisation concerned.
2.
It is the intention of the Japanese Government formally to accede to the following international instruments within six months of the coming into force of the Treaty of Peace:
1.
The International Convention for the regulation of whaling signed at Washington on 2nd December 1946, as subsequently amended;
2.
The Protocol amending the 1931 Narcotics Convention signed at New York on December 11th, 1946.
3.
The Protocol on the Traffic in Synthetic Drugs signed at Paris on 19th November 1948;
4.
Customs Formalities Convention 1923;9
5.
The International Convention on the Execution of foreign Arbitral Awards of 1927;10
6.
Convention relating to economic statistics, 1928,11 and Protocol 1948;12
7.
Agreement on false indications of origin 1934.13
8.
Convention establishing uniform rules with respect to assistance and salvage at sea 1910;
9.
International load line convention, annexes and final act, 1930, as subsequently amended.
10.
Each of the four Conventions on conduct in time of war signed at Geneva on 12th August 1949.14
3.
It is equally the intention of the Japanese Government, within six months of the coming into force of the Treaty of Peace, to apply for Japan’s admission to participation in the Convention on International Civil Aviation opened for signature at Chicago on the 7th December 1944,15 and as soon as Japan is herself a party to that Convention, to sign and accept the International Air Services Transit Agreement also opened for signature at Chicago on 7th December 1944.16

(Note: The composition of the list in paragraph 2 is subject to further consideration. The U.K. may raise a point in connection with paragraph 1 on industrial, literary, and artistic property.)

Protocol

With respect to the Treaty of Peace signed this day, the Government of Japan makes the following Declaration:

Japan will recognize any Commission, Delegation or other Organization authorized by any of the Allied and Associated Powers to identify, list, maintain or regulate its war graves, cemeteries and memorials in Japanese territory; will facilitate the work of such Organizations, and will, in respect of the above-mentioned war graves, cemeteries and memorials, enter into negotiations for the conclusion of such agreements as may prove necessary with the Allied or Associated Power concerned, or with any Commission, Delegation or other Organization authorized by it.

  1. This draft was not formally circulated to other interested powers.
  2. The source text used here is enclosed with a letter of May 25, not printed, from George Clutton, Chargé of the British Liaison Mission in Tokyo, to Mr. Bond. It is identical to copies of the May 3 draft of American origin except for the marginal markings.
  3. The source text used here is enclosed with a letter of May 25, not printed, from George Clutton, Chargé of the British Liaison Mission in Tokyo, to Mr. Bond. It is identical to copies of the May 3 draft of American origin except for the marginal markings.
  4. In the Department’s copy of the British April 7 draft, this sentence reads as follows: “Japan undertakes to accept the judgments and carry out the orders of the International Military Tribunal for the Far East, and of all other duly constituted Allied War Crimes courts both within and outside Japan, respecting convictions find sentences imposed upon Japanese nationals.” Additionally, Article 21 of that draft contains no provision for pardon, though it does for clemency, reduction of sentence, and parole. (Lot 54 D 423)
  5. In the Department’s copy of the British April 7 draft, this article is as follows:

    • “1. Pending the coming into force of Civil Air Transport Agreements between individual United Nations and Japan, Japan shall, in all matters concerning Civil Aviation, grant to each of the United Nations unconditional most favoured nation treatment, or not less favourable air traffic rights and privileges than they enjoyed immediately before the coming into force of the present Treaty, which ever is the more favourable.
    • “2. In making bilateral or multilateral agreements relating to International Air Transport with any of the United Nations, Japan shall grant or exchange air traffic rights and privileges on a liberal and non-restrictionist basis, subject in each case to reciprocity.”

  6. Brackets here and in Article 23 are in the source text.
  7. In the Department’s copy of the British April 7 draft Article 24 contains detailed provisions regarding the restitution by Japan of property removed by her from any of the United Nations. Article 26 dealt with the restoration by Japan of property of any United Nation or its nationals existing within her borders on September 1, 1939.
  8. For text of August 1, 1945, annotated to show later modification, see Foreign Relations, 1945, The Conference of Berlin (The Potsdam Conference), vol. ii, pp. 1477–1498.
  9. In the Department’s copy of the British April 7 draft, Article 35, paragraph 1 provides in part for settlement of disputes by special tribunals (appointed by the President of the ICJ) rather than by the ICJ itself.
  10. For text of the International Convention relating to the Simplification of Customs Formalities, with protocol of signature, signed at Geneva, November 23, 1923, see League of Nations Treaty Series, vol. xxx, p. 372.
  11. Signed at Geneva, September 26; see League of Nations Treaty Series, vol. xcii, p. 301.
  12. Signed at Geneva, December 14; for text, see ibid., vol. cx, p. 171.
  13. For the Protocol amending the Convention cited in footnote 11 above, signed at Paris, December 9, see United Nations Treaty Series (UNTS), vol. 20, p. 229.
  14. For the Revision of the Agreement of 1891 for the Prevention of False Indications of Origin of Goods, signed at London, June 2, 1934, see League of Nations Treaty Series, vol. cxcii, p. 10.
  15. See Department of State, Geneva Conventions of August 12, 1949 for the Protection of War Victims(Washington: Government Printing Office, 1950).
  16. For text, see TIAS No. 1591, or 59 Stat. (pt. 2) 1516.
  17. For text, see Executive Agreement Series (EAS) No. 487, or 59 Stat. (pt. 2) 1693.