Treaty of San Francisco: Difference between revisions - Wikipedia


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The document officially renounces [[Japan]]'s treaty rights derived from the [[Boxer Protocol]] of 1901 and its rights to [[Korea]], Formosa ([[Taiwan]]) and the [[Pescadores]], [[Hong Kong]] (then a British colony), the [[Kuril Islands]], the [[Spratly Islands]], [[Antarctica]] and [[Sakhalin]] Island.

Article 3 of the treaty formally put the [[Bonin Islands]] and the [[Ryukyu Islands]], which included [[Okinawa]] and the [[Amami Islands|Amami]], [[Miyako-jima|Miyako]] and [[Yaeyama Islands]] groups, under [[United States|U.S.]] trusteeship. The Amami Islands were eventually restored to Japan on December 25, 1953, as well as the [[Bonin Islands]] on April 5, 1968.<ref>Agreement between Japan and the United States of America Concerning Nanpo Shoto and Other Islands, April 5, 1968 [http://www.ioc.u-tokyo.ac.jp/~worldjpn/documents/texts/docs/19680405.T1E.html]</ref><!-- Signed April 5, 1968; entered into force on June 26, 1968. --> In 1969 U.S.-Japan negotiations authorized the transfer of authority over the Ryūkyūs to Japan to be implemented in 1972. In 1972, the United States "reversion" of the Ryūkyūs occurred along with the ceding of control over the nearby (uninhabited) [[Senkaku Islands]].<ref>Agreement between Japan and the United States of America Concerning the Ryukyu Islands and the Daito Islands, June 17, 1971 [http://www.ioc.u-tokyo.ac.jp/~worldjpn/documents/texts/docs/19710617.T1E.html]</ref> Both the [[People's Republic of China]] and the [[Republic of China]], now commonly known as "Taiwan", argue that this agreement did not determine the ultimate sovereignty of the [[Senkaku Islands]].

By Article 11 Japan accepted the judgments of the [[International Military Tribunal for the Far East]] and of other Allied War Crimes Courts both within and outside Japan and agreed to carry out the sentences imposed thereby upon Japanese nationals imprisoned in Japan.

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The document further set guidelines for repatriation of prisoners of war and renounces future military aggression under the guidelines set by the [[UN Charter]]. The document nullifies prior treaties and lays down the framework for Japan's current status of retaining a military that is purely defensive in nature.

There is also some ambiguity as to over which islands Japan has renounced sovereignty. This has led to both the [[Kuril Islands dispute|Kuril Island conflict]] and the [[Senkaku Islands dispute|Diaoyutai/Senkaku dispute]].

The [[Treaty of Taipei]] between Japan and the Republic of China acknowledged the terms of the San Francisco Treaty but added that all residents of Taiwan and the Pescadores were nationals of the Republic of China.

Some supporters of [[Taiwan independence]] argue that the language in San Francisco Peace Treaty proves the notion that Taiwan is not a part of China, for it does not explicitly state the sovereignty status of Taiwan after Japanese renunciation. In 1955, [[U.S. Secretary of State]] [[John Foster Dulles]], co-author of San Francisco Peace Treaty, affirmed that the treaty ceded Taiwan to no one; that Japan "merely renounced sovereignty over Taiwan".<ref name=Dulles1955/> Dulles said that America "cannot, therefore, admit that the disposition of Taiwan is merely an internal problem [of China]."<ref name=Dulles1955>United States Department of State / Foreign relations of the United States, 1955-1957. China, Volume II (1955-1957) [http://digicoll.library.wisc.edu/cgi-bin/FRUS/FRUS-idx?type=turn&id=FRUS.FRUS195557v02&entity=FRUS.FRUS195557v02.p0648&q1=sovereignty&q2=formosa&q3=dulles]</ref> This legal justification is rejected by both the PRC and ROC governments, both of which base their legal claims on Taiwan on the [[Instrument of Surrender of Japan]] which accepts the [[Potsdam Declaration]] and the [[Cairo Declaration]]. In addition, in more recent years supporters of Taiwan independence have more often relied on arguments based on [[self-determination]] as implied in the San Francisco Peace Treaty and [[popular sovereignty]].

==Compensation to Allied civilians and POWs==