CAB129-45 — Page 501

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ARTICLE 19

Page 501

(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.

(b) The foregoing waiver includes any claims arising out of actions taken by any of the Allied Powers with respect to Japanese ships between 1st September, 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.-United States 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 1945 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 15th October, 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.-United Kingdom reserves paragraph 1 of Article 35 of the United Kingdom draft.)

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 fæpe for each State

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whidhagubsequently8ratifies or accedes on the date ofPagedapasin forts 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 Noti- fication 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 Govern- ment 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.

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...

the English and Japanese languages, the English text being authentic.

1951, in

(The substance of Annex III of the United Kingdom draft (Contracts of Insurance) will be incorporated in Annex V (Contracts, &c.) 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.)