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Page 496 States will have the right to exercise all and any powers of administration, legisla- tion, and jurisdiction over the territory and inhabitants of these islands, including their territorial waters.
(United Kingdom reserves original paragraph 1 of Article 5 of United Kingdom 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, 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 con- cerned 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 2nd September, 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 proper- ties 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 accord- ance 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 United States.)
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 theagriding 658etention of foreign armed forces agapanesefterditory under or
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teral or multilateral agreements which 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 the United
States.)
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 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 recognise the full force of all treaties now or hereafter concluded for terminating the state of war initiated on 1st September, 1939, as well as any other arrangements for or in connexion 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 10th September, 1919, and the Straits Agreement of Montreux of 20th July, 1936, and from Article 16 of the Treaty of Lausanne of 24th July, 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.-United States 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.-United Kingdom reserves original paragraph 2 of Article 34 of United Kingdom 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 to the war crimes sentences in aged 97 military tribunals of the Allied Powers of agesdns7 wif 5 åre
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