스토리/역사속으로

San Francisco Peace Treaty

marineset 2023. 5. 27. 02:38
2005년 3월 16일의 스케치竹島・在ソウル日本大使館にデモ隊



ソウルの日本大使館前で、島根県議会の「竹島の日」条例案可決に抗議するデモ隊。また、同県と姉妹関係にある韓国・慶尚北道は「（島根県との）提携関係を撤回し、断交を宣言する」との声明を発表した（１６日）（時事通信社）18時51分更新/서울의 일본대사관앞에서 시마네현 의회의 "다께시마의 날" 조례 가결에 항의하는 시위대(데모대). 또한, 시마네현과 자매결연관계에 있는 한국 경상북도는 "제휴관계를 철회하고 단교를 선언한다." 는 성명서를 발표하였다.
일장기 클릭



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일본의 독도사진에는 경비초소와 등대가 보이지 않는다.





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샌프란시스코 평화협정서의 한국영토와 독도


Source: United Nations Treaty Series 1952 (reg. no. 1832), vol. 136, pp. 45 - 164.

 





Treaty of Peace with Japan


Signed at San Francisco, 8 September 1951
Initial entry into force*: 28 April 1952

Note: Neither the Republic of China nor the People's Republic of China were invited to the San Francisco Peace Conference, and neither were parties to the San Francisco Treaty. The Republic of China concluded a separate Treaty of Peace with Japan in 1952.

 

 

Prime Minister Yoshida Shigeru of Japan, surrounded by senior members of the Japanese delegation, signs the peace treaty on 8 September 1951.

 



 

TREATY OF PEACE WITH JAPAN


WHEREAS the Allied Powers and Japan are resolved that henceforth their relations shall be those of nations which, as sovereign equals, cooperate 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;


WHEREAS Japan for its part declares its intention to apply for membership in the United Nations and in all circumstances to conform to the principles of the Charter of the United Nations; to strive to realize 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-surrender 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;


THE ALLIED POWERS AND JAPAN have therefore determined 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


(a) The state of war between Japan and each of the Allied Powers is terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned as provided for in Article 23.


(b) The Allied Powers recognize the full sovereignty of the Japanese people over Japan and its territorial waters.


 


CHAPTER II


TERRITORY

Article 2


(a) Japan recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.
[일본은 한국의 독립을 인정하면서 퀠파트와 해밀튼 항구와 다줄렛과 같은 여러 섬을 포함하는 한국에 대한 모든 권리, 권원과 청구권을 포기한다."(Japan recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.)
퀠파트(Quelpart)는 제주도이며, 해밀튼 항구(Port Hamilton)는 거문도, 다줄렛(Dagelet)은 바로 울릉도를 가리킨다. 모두 서구에서 명명한 이름이다.
일본의 독도 영유권 주장은 바로 이 조항에서 출발한다. 독도를 한국영토로 규정한 곳이 없다는 것이다.
이에 대한 한국측 반박 논리 중 하나가 독도를 일본영토로 규정하고 있지도 않다는 것이다.]

(b) Japan renounces all right, title and claim to Formosa and the Pescadores.


(c) Japan renounces all right, title and claim to the Kurile Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a consequence of the Treaty of Portsmouth of 5 September 1905.


(d) Japan renounces all right, title and claim in connection with the League of Nations Mandate System, and accepts the action of the United Nations Security Council of 2 April 1947, extending the trusteeship system to the Pacific Islands formerly under mandate to Japan.


(e) Japan renounces all claim to any right or title to or interest in connection with any part of the Antarctic area, whether deriving from the activities of Japanese nationals or otherwise.


(f) Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.


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 sole administering authority, Nansei Shoto south of 29deg. north latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano Islands) and 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.


Article 4


(a) Subject to the provisions of paragraph (b) of this Article, the disposition of property of Japan and of its nationals in the areas referred to in Article 2, and their claims, including debts, against the authorities presently administering such areas and the residents (including juridical persons) thereof, and the disposition in Japan of property of such authorities and residents, and of claims, including debts, of such authorities and residents against Japan and its nationals, shall be the subject of special arrangements between Japan and such authorities. The property of any of the Allied Powers or its nationals in the areas referred to in Article 2 shall, insofar as this has not already been done, be returned by the administering authority in the condition in which it now exists. (The term nationals whenever used in the present Treaty includes juridical persons.)


(b) Japan recognizes the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the United States Military Government in any of the areas referred to in Articles 2 and 3.


(c) Japanese owned submarine cables connection 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.


CHAPTER III


SECURITY


Article 5


(a) Japan accepts the obligations set forth in Article 2 of the Charter of the United Nations, and in particular the 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 confirm that they will be guided by the principles of Article 2 of the Charter of the United Nations in their relations with Japan.


(c) The Allied Powers for their part recognize that Japan as a sovereign nation possesses the inherent right of individual or collective self-defense referred to in Article 51 of the Charter of the United Nations and that Japan may voluntarily enter into collective security arrangements.


 


Article 6


(a) All occupation 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) The provisions of Article 9 of the Potsdam Proclamation of 26 July 1945, dealing with the return of Japanese military forces to their homes, to the extent not already completed, will be carried out.


(c) 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.


 


CHAPTER IV


POLITICAL AND ECONOMIC CLAUSES


Article 7


(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 prewar bilateral treaties or conventions with Japan it wishes to continue in force or revive, and any treaties or conventions so notified shall continue in force or by revived subject only to such amendments as may be necessary to ensure conformity with the present Treaty. The treaties and conventions so notified shall be considered as having been continued in force or revived three months after the date of notification and shall be registered with the Secretariat of the United Nations. All such treaties and conventions as to which Japan is 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 or convention any territory for the international relations of which the notifying Power is responsible, until three months after the date on which notice is given to Japan that such exception shall cease to apply.


 


Article 8


(a) Japan will recognize the full force of all treaties now or hereafter concluded by the Allied Powers for terminating the state of war initiated on 1 September 1939, as well as any other arrangements by the Allied Powers 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 it may derive from being a signatory power of the Conventions of St. Germain-en-Laye of 10 September 1919, and the Straits Agreement of Montreux of 20 July 1936, and from Article 16 of the Treaty of Peace with Turkey signed at Lausanne on 24 July 1923.


(c) Japan renounces all rights, title and interests acquired under, and is discharged from all obligations resulting from, the Agreement between Germany and the Creditor Powers of 20 January 1930 and its Annexes, including the Trust Agreement, dated 17 May 1930, the Convention of 20 January 1930, respecting the Bank for International Settlements; and the Statutes of the Bank for International Settlements. Japan will notify to the Ministry of Foreign Affairs in Paris within six months of the first coming into force of the present Treaty its renunciation of the rights, title and interests referred to in this paragraph.


Article 9


Japan will enter promptly into negotiations with the Allied Powers so desiring for the conclusion of bilateral and multilateral agreements providing for the regulation or limitation of fishing and the conservation and development of fisheries on the high seas.


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