CAB129-45 — Page 504

16

Page 504

ANNEX B

OUTSTANDING POINTS ON THE TEXT OF THE TREATY

The Ryukyu, Bonin and other islands

1. It was stated in the Cairo Declaration of 1943 and the Potsdam Proclama- tion of July 1945, that Japanese sovereignty should be confined to the four main islands and to a number of adjacent minor islands to be defined in the Treaty. On 2nd January, 1951, the Cabinet approved a proposal (C.P. (50) 323, paragraph 8 (b) (ii)) that the Ryukyu and Bonin Islands should be placed under a United States trusteeship. A provision to the following effect was accordingly included in article 5 of the United Kingdom draft treaty:

"ARTICLE 5

(1) Japan renounces sovereignty over, and all right, title and interest in the

Ryukyu, Bonin and Volcano Islands, and Marcus Island.

(2) Japan takes note of the intention of the United States Government to nego- tiate a United Nations trusteeship agreement in respect of the Ryukyu and Bonin Islands when this present treaty has come into force."

""

2. In the talks between officials in Washington, the United States representa- tives put forward a fresh draft article about the future of the Ryukyu, &c., islands, which runs as follows:

፡፡

Japan will concur in any proposal of 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 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."

After consulting the Foreign Office by telegraph, the United Kingdom representa- tives reserved their position on this point.

3. As will be seen, the United States article proposes :-

(1) that Japan should retain sovereignty over the islands in question; (2) that the islands continue under United States administration; (3) that the United States may try to obtain trusteeship over the islands.

(It is in fact doubtful whether the United States could secure trusteeship over islands which remained under Japanese sovereignty.)

The United States representatives explained the intention behind this article as follows. They do not wish the Ryukyus and other islands concerned to be removed by the Treaty from Japan's sovereignty since possible future changes in military technique may turn the islands into a liability instead of an asset from the United States point of view; and this being so, the United States Government think it desirable to mitigate the political effect in Japan of the territorial provisions of the Treaty by not insisting on a renunciation of Japanese sovereignty over the islands in question. The United States Government have, however, every intention of retain- ing the administration of the islands for as long as can at present be foreseen.

4. Our view is that this proposed arrangement might create serious legal difficulties and complications between the United States and Japan. It would, therefore, appear preferable on general grounds to adhere to the policy previously endorsed by His Majesty's Government, namely, that in the Treaty Japan should renounce sovereignty over the Ryukyu, Bonin, &c., Islands and if possible, agree- ment should be recorded that they should be placed under United States trusteeship. This view was put to the United States representatives during the talks in Washington, but with no effect.

5. It appears difficult for us to insist further with the United States about where we feel their own advantage lies in a matter of relatively small direct concern to ourselves, and it is, therefore, recommended that we huf 539

that Hagned states proposal.

we should now accept the

of

17

380