Treaty of Peace between Japan and the Republic of China

From Wikisource
Jump to: navigation, search
Treaty of Peace between Japan and the Republic of China (Sino-Japanese Peace Treaty or Treaty of Taipei)  (1952) 
Signed April 28, 1952.
Treaty of Peace between Japan and the Republic of China
Signed at Taipei, April 28, 1952
Ratified July 8, 1952
Ratifications exchanged at Taipei, August 5, 1952
Entered into force, August 5, 1952
Promulgated, August 5, 1952

Japan and the Republic of China,

Considering their mutual desire for good neighborliness in view of their historical and cultural ties and geographical proximity;

Realizing the importance of their close cooperation to the promotion of their common welfare and to the maintenance of international peace and security; Recognizing the need of a settlement of problems that have arisen as a result of the existence of a state of war between them;

Have resolved to conclude a Treaty of Peace and have accordingly appointed as their Plenipotentiaries,

The Government of Japan:

Mr. Isao Kawada;

His Excellency the President of the Republic of China:

Mr. Yeh Kung Chao;

Who, having communicated to each other their full powers found to be in good and due form, have agreed upon the following articles:

ARTICLE I

The state of war between Japan and the Republic of China is terminated as from the date on which the present Treaty enters into force.

ARTICLE II

It is recognized that under Article 2 of the Treaty of Peace with Japan signed at the city of San Francisco in the United States of America on September 8, 1951 (hereinafter referred to as the San Francisco Treaty), Japan has renounced all right, title and claim to Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratly Islands and the Paracel Islands.

ARTICLE III

The disposition of property of Japan and of its nationals in Taiwan (Formosa) and Penghu (the Pescadores), and their claims, including debts, against the authorities of the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores) and the residents thereof, and the disposition in Japan of property of such authorities and residents and their claims, including debts, against Japan and its nationals, shall be the subject of special arrangements between the Government of Japan and the Government of the Republic of China. The terms nationals and residents whenever used in the present Treaty include juridical persons.

ARTICLE IV

It is recognized that all treaties, conventions and agreements concluded before December 9, 1941, between Japan and China have become null and void as a consequence of the war.

ARTICLE V

It is recognized that under the provisions of Article 10 of the San Francisco Treaty, Japan has renounced all special rights and interests in China, including all benefits and privileges resulting from the provisions of the final Protocol signed at Peking on September 7, 1901, and all annexes, notes and documents supplementary thereto, and has agreed to the abrogation in respect to Japan of the said protocol, annexes, notes and documents.

ARTICLE VI

(a) Japan and the Republic of China will be guided by the principles of Article 2 of the Charter of the United Nations in their mutual relations.

(b) Japan and the Republic of China will cooperate in accordance with the principles of the Charter of the United Nations and, in particular, will promote their common welfare through friendly cooperation in the economic field.

ARTICLE VII

Japan and the Republic of China will endeavor to conclude, as soon as possible, a treaty or agreement to place their trading, maritime and other commercial relations on a stable and friendly basis.

ARTICLE VIII

Japan and the Republic of China will endeavor to conclude, as soon as possible, an agreement relating to civil air transport.

ARTICLE IX

Japan and the Republic of China will endeavor to conclude, as soon as possible, an agreement providing for the regulation or limitation of fishing and the conservation and development of fisheries on the high seas.

ARTICLE X

For the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendants who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores); and juridical persons of the Republic of China shall be deemed to include all those registered under the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores).

ARTICLE XI

Unless otherwise provided for in the present Treaty and the documents supplementary thereto, any problem arising between Japan and the Republic of China as a result of the existence of a state of war shall be settled in accordance with the relevant provisions of the San Francisco Treaty.

ARTICLE XII

Any dispute that may arise out of the interpretation or application of the present Treaty shall be settled by negotiation or by other pacific means.

ARTICLE XIII

The present Treaty shall be ratified and the instruments of ratification shall be exchanged at Taipei as soon as possible. The present Treaty shall enter into force as from the date on which such instruments of ratification are exchanged.

ARTICLE XIV

The present Treaty shall be in the Japanese, Chinese and English languages. In case of any divergence of interpretation, the English text shall prevail.

IN WITNESS WHEREOF, the respective Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

DONE in duplicate at Taipei, this Twenty Eighth day of the Fourth month of the Twenty Seventh year of Showa of Japan corresponding to the Twenty Eighth day of the Fourth month of the Forty First year of the Republic of China and to the Twenty Eighth day of April in the year One Thousand Nine Hundred and Fifty Two.

FOR JAPAN: Isao Kawada FOR THE REPUBLIC OF CHINA: Yeh Kung Chao

Protocol

Signed at Taipei, April 28, 1952

Entered into force, August 5, 1952

Promulgated, August 5, 1952

At the moment of signing this day the Treaty of Peace between Japan and the Republic of China (hereinafter referred to as the present Treaty), the undersigned Plenipotentiaries have agreed upon the following terms which shall constitute an integral part of the present Treaty:

1. The application of Article XI of the present Treaty shall be subject to the following understandings:

(a) Wherever a period is stipulated in the San Francisco Treaty during which Japan assumes an obligation or undertaking, such period shall, in respect of any part of the territories of the Republic of China, commence immediately when the present Treaty becomes applicable to such part of the territories.

(b) As a sign of magnanimity and good will towards the Japanese people, the Republic

of China voluntarily waives the benefit of the services to be made available by Japan pursuant to Article 14 (a) 1 of the San Francisco Treaty.

(c) Articles 11 and 18 of the San Francisco Treaty shall be excluded from the operation of Article XI of the present Treaty.

2. The commerce and navigation between Japan and the Republic of China shall be governed by the following Arrangements:

(a) Each Party will mutually accord to nationals, products and vessels of the other Party:

(i) Most-favored-nation treatment with respect to customs duties, charges, restrictions and other regulations on or in connection with the importation and exportation of goods; and

(ii) Most-favored-nation treatment with respect to shipping, navigation and imported goods, and with respect to natural and juridical, persons and their interests - such treatment to include all matters pertaining to the levying and collection of taxes, access to the courts, the making and performance of contracts, rights to property (including those relating to intangible property and excluding those with respect to mining), participation in juridical entities, and generally the conduct of all kinds of business and professional activities with the exception of financial (including insurance) activities and those reserved by either Party exclusively to its nationals.

(b) Whenever the grant of most-favored-nation treatment by either Party to the other Party, concerning rights to property, participation in juridical entities and conduct of business and professional activities, as specified in sub-paragraph (a) (ii) of this paragraph, amounts in effect to the grant of national treatment, such Party shall not be obligated to grant more favorable treatment than that granted by the other Party under most-favored-nation treatment.

(c) External purchases and sales of government trading enterprises shall be based solely on commercial considerations.

(d) In the application of the present Arrangements, it is understood

(i) that vessels of the Republic of China shall be deemed to include all those registered under the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores); and products of the Republic of China shall be deemed to include all those originating in Taiwan (Formosa) and Penghu (the Pescadores); and

(ii) that a discriminatory measure shall not be considered to derogate from the grant of treatments prescribed above, 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 Paty's external financial position or balance of payments (except in respect to shipping and navigation), or on the need to maintain its essential security interests, and provided such measure is proportionate to the circumstances and not applied in an arbitrary or unreasonable manner.

The Arrangements set forth in this paragraph shall remain in force for a period of one year as from the date on which the present Treaty enters into force.

DONE in duplicate at Taipei, this Twenty Eighth day of the Fourth month of the Twenty Seventh year of Showa of Japan corresponding to the Twenty Eighth day of the Fourth month of the Forty First year of the Republic of China and to the Twenty Eighth day of April in the year One Thousand Nine Hundred and Fifty Two.

(Isao Kawada) (Yeh Kung Chao)

PROTOCOL

(PROTOCOL CONCERNING PROLONGATION OF THE EFFECTIVE PERIOD OF PARAGRAPH 2 OF THE PROTOCOL ANNEXED TO THE TREATY OF PEACE BETWEEN JAPAN AND THE REPUBLIC OF CHINA)

Signed at Tokyo, July 18, 1953

Approved by the cabinet, July 29, 1953

Notifications of approval exchanged at Tokyo, August 4, 1953

Entered into force, August 4, 1953

Promulgated, August 4, 1953

WHEREAS there still remains to be concluded a treaty or agreement concerning trading, maritime and other commercial relations as referred to in Article VII of the Treaty of Peace between Japan and the Republic of China, signed at Taipei on April 28, 1952 (hereinafter referred to as the Peace Treaty); and

WHEREAS the term of duration of the Arrangements concerning commerce and navigation set forth in paragraph 2 of the Protocol, which constitutes an integral part of the Peace Treaty, expires on August 4, 1953;

THEREFORE, the Government of Japan and the Government of the Republic of China have agreed upon the following terms:

1. The term of duration of the above-mentioned Arrangement shall be extended until the expiration of a period of two years as from August 5, 1953, or until the conclusion between the two Parties of a treaty or agreement concerning trading, maritime and other commercial relations, whichever is the earlier.

2. The present protocol shall enter into force upon an exchange of notes between the two Parties, indication that each Party has completed such procedures for putting into effect the Protocol as may be necessary under its own law.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Protocol.

Done in duplicate in the Japanese, Chinese and English languages at Tokyo, this Eighteenth day of the Seventh responding to the Eighth year of Showa of Japan corresponding to the Eighteenth day of the Seventh month of the Forty Second year of the Republic of China and to the Eighteenth day of July in the year One Thousand Nine Hundred and Fifty Three.

For Japan: Katsuo Okazaki For the Republic of China: Tung Hsien-Kuang

PROTOCOL

(PROTOCOL CONCERNING PROLONGATION OF THE EFFECTIVE PERIOD OF PARAGRAPH 2 OF THE PROTOCOL ANNEXED TO THE TREATY OF PEACE BETWEEN JAPAN AND THE REPUBLIC OF CHINA)

Signed at Tokyo, July 2, 1955

Approval decided by the cabinet, August 2, 1955

Notifications of approval exchanged at Tokyo, August 4, 1955

Entered into force, August 4, 1955

Promulgated, August 4, 1955

WHEREAS there still remains to be concluded a treaty or agreement concerning trading, maritime and other commercial relations as referred to in Article VII of the Treaty of Peace between Japan and Republic of China, signed at Taipei on April 28, 1952 (hereinafter referred to as the Peace Treaty); and

WHEREAS the term of duration, as extended by the Protocol signed at Tokyo on July 18, 1953, of the Arrangements concerning commerce and navigation set forth in paragraph 2 of the Protocol, which constitutes an integral part of the Peace Treaty, expires on August 4, 1955;

THEREFORE, the Government of Japan and the Government of the Republic of China have agreed upon the following terms;

1. The term of duration of the above-mentioned Arrangements shall be extended until the expiration of a period of one year as from August 5, 1955, and, should neither Party notify the other, three months prior to its expiration, of the intention to bring it to an end, it shall be extended until the expiration of another period of one year and so on. However, the Arrangements shall cease to be effective upon the conclusion between the two Parties of a treaty or agreement concerning trading, maritime and other commercial relations.

2. The present Protocol shall enter into force upon an exchange of notes between the two Parties, indicating that each Party has completed such procedures for putting into effect the Protocol as may be necessary under its own law.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Protocol.

DONE in duplicate in the Japanese, Chinese and English languages at Tokyo, this Second day of the Seventh month of the Thirtieth year of Showa of Japan corresponding to the Second day of the Seventh month of the Forty Fourth year of the Republic of China and to the Second day of July in the year One Thousand Nine Hundred and Fifty Five.

For Japan: For the Republic of China:

Mamoru Shigemitsu Tung Hsien-Kuang

(signed) (signed)

Exchange of Notes

Dated at Taipei, April 28, 1952

Entered into force, August 5, 1952

Promulgated, August 5, 1952

No. 1.

Taipei, April 28, 1952.

Excellency,

In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the understanding reached between us that the terms of the present Treaty shall, in respect of the Republic of China, be applicable to all the territories which are now, or which may hereafter be, under the control of its Government.

I shall be appreciative, if you will confirm the understanding set forth above.

I avail myself of this opportunity to convey to Your Excellency the assurance of my highest consideration.

(Isao Kawada)

His Excellency

Monsieur Yeh Kung Chao,

Plenipotentiary of the Republic of China

Exchange of Notes

No. 1.

Taipei, April 28, 1952.

Excellency,

In connection with the Treaty of Peace between the Republic of China and Japan signed this day, I have the honor to acknowledge receipt of Your Excellency's Note of to-day's date reading as follows:

"In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the understanding reached between us that the terms of the present Treaty shall, in respect of the Republic of China, be applicable to all the territories which are now, or which may hereafter be, under the control of its Government.

"I shall be appreciative, if you will confirm the understanding set forth above."

I have the honor to confirm, on behalf of my Governmnent{sic}, the understanding set forth in Your Excellency's Note under reply.

I avail myself of this opportunity to convey to Your Excellency the assurance of my highest consideration.

(Yeh Kung Chao)

His Excellency

Mr. Isao Kawada,

Plenipotentiary of Japan.

Exchange of Notes

No. 2.

Taipei, April 28, 1952.

Excellency,

I have the honor to state that it is the understanding of my Government that pending the conclusion of the agreement envisaged in Article VIII of the Treaty of Peace between the Republic of China and Japan signed this day, the relevant provisions of the San Francisco Treaty shall apply.

I have the honor to request that Your Excellency will be so good as to confirm that this is also the understanding of the Government of Japan.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

(Yeh Kung Chao)

His Excellency

Mr. Isao Kawada,

Plenipotentiary of Japan.

Exchange of Notes

No. 2.

Taipei, April 28, 1952.

Excellency,

In connection with the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to acknowledge receipt of Your Excellency's Note of to-day's date reading as follows:

"I have the honor to state that it is the understanding of my Government that pending the conclusion of the agreement envisaged in Article VIII of the Treaty of Peace between the Republic of China and Japan signed this day, the relevant provisions of the San Francisco Treaty shall apply.

"I have the honor to request that Your Excellency will be so good as to confirm that this is also the understanding of the Government of Japan."

I have the honor to confirm that this is also the understanding of the Government of Japan.

I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.

(Isao Kawada)

His Excellency

Monsieur Yeh Kung Chao,

Plenipotentiary of the Republic of China.

Exchange of Notes

Taipei, April 28, 1952.

Excellency,

In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the claims of Japan concerning her fishing vessels captured or seized by the authorities of the Republic of China after the date of September 2, 1945. As these claims had formed a subject of negotiation between the SCAP and the Government of Japan on the one hand and the Government of the Republic of China on the other before the San Francisco Treaty was concluded, it is proposed that such negotiation be continued and that these claims be settled without any reference to the relevant provisions of the Treaty of Peace between Japan and the Republic of China signed this day.

I shall be appreciative, if you will, on behalf of the Government of the Republic of China, signify your acceptance of the proposal set forth above.

I avail myself of this opportunity to convey to Your Excellency the assurance of my highest consideration.

(Isao Kawada)

His Excellency

Monsieur Yeh Kung Chao.

Plenipotentiary of the Republic of China.

Exchange of Notes

Taipei, April 28, 1952.

Excellency,

In connection with the Treaty of Peace between the Republic of China and Japan signed this day, I have the honor to acknowledge receipt of Your Excellency's Note of to-day's date reading as follows:

"In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the claims of Japan concerning her fishing vessels captured or seized by the authorities of the Republic of China after the date of September 2, 1945. As these claims had formed a subject of negotiation between the SCAP and the Government of Japan on the one hand and the Government of the Republic of China on the other before the San Francisco Treaty was concluded, it is proposed that such negotiation be continued and that these claims be settled without any reference to the relevant provisions of the Treaty of Peace between Japan and the Republic of China signed this day.

"I shall be appreciative, if you will, on behalf of the Government of the Republic of China, signify you acceptance of the proposal set forth above."

I have the honor to signify, on behalf of my Government, my acceptance of the proposal set forth above.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

(Yeh Kung Chao)

His Excellency

Mr. Isao Kawada,

Plenipotentiary of Japan.

Agreed Minutes

Signed at Taipei, April 28, 1952

Entered into force, August 5, 1952

Promulgated, August 5, 1952

I.

Chinese Delegate:

It is my understanding that the expression "or which may hereafter be" in the Notes No. 1 exchanged to-day can be taken to mean "and which may hereafter be". Is it so?

Japanese Delegate:

Yes, it is so. I assure you that the Treaty is applicable to all the territories under the control of the Government of the Republic of China.

II.

Chinese Delegate:

It is my understanding that the property, rights or interests in Japan of the collaborationist regimes created in China, as a result of the so-called "Mukden incient" of September 18, 1931, such as "Manchukuo" and the "Wang Ching Wei regime", shall be transferable to the Republic of China upon agreement between the two Parties in accordance with the relevant provisions of the present Treaty and of the San Francisco Treaty. Is it so?

Japanese Delegate:

It is so.

III.

Chinese Delegate:

I understand that nothing in the provisions under Article 14 (a) 2 (II) (ii) of the San Francisco Treaty shall be construed to extend any exceptions to the real property, furniture and fixtures used by such set-ups as were established since September 18, 1931 without the concurrence of the Republic of China and were once claimed to be diplomatic or consular set-ups of the Japanese Government in China and the personal furniture and furnishings and other private property used by the personnel of such set-ups. It is so?

Japanese Delegate:

It is so.

IV.

Japanese Delegate:

It is my understanding that since the Republic of China has voluntarily waived the service compensation as stated in paragraph 1 (b) of the Protocol of the present Treaty, the only benefit that remains to be extended to her under Article 14 (a) of the San Francisco Treaty is Japan's external assets as stipulated in Article 14 (a) 2 of the same Treaty. Is it so?

Chinese Delegate:

Yes, it is so.

(Isao Kawada) (Yeh Kung Chao)

Source: United Nations Treaty Series 1952 (reg. no. 1858), pp. 44-48. hi :D