| Agreement for the
Settlement of Disputes arising under Article 15 (a) of the Treaty of Peace with Japan
The Governments of the Allied Powers
signatory to this Agreement and the Japanese Government desiring, in accordance with Article 22 of the Treaty
of Peace with Japan signed at San Francisco on September 8, 1951, to establish
procedures for the settlement of disputes concerning the interpretation and execution of Article 15 (a) of the Treaty have agreed as follows:
Article 1
In any case where an application for
the return of property, rights, and interests has been filed in accordance with the
provisions of Article 15 (a) of the Treaty of Peace, the Japanese Government shall within
six months from the date of such an application, inform the Government of the Allied Power
of the action taken with respect to such application. In any case where a claim for
compensation has been submitted by the Government of an Allied Power to the Government of
Japan in accordance with the provisions of Article 15 (a) of the Treaty and the Allied
Powers Property Compensation Law (Japan Law No. 264, 1951), the Japanese Government shall
inform the Government of the Allied Power of its action with respect to such claim within
eighteen months from the date of submission of the claim. If the Government of an Allied
Power is not satisfied with the action taken by the Japanese Government with respect to an
application for the return of property, rights, or interests, or with respect to a claim
for compensation, the Government of the Allied Power, within six months after it has been
advised by the Japanese Government of such action, may refer such claim or application for
final determination to a commission appointed as hereinafter provided.
Article 2
A commission for the purpose of this
Agreement shall be appointed upon request to the Japanese Government made in writing by
the Government of the Allied Power and shall be composed of three members; one, appointed
by the Government of the Allied Power, one, appointed by the Japanese Government, and the
third, appointed by mutual agreement of the two Governments. Each commission shall be
known as the (name of the Allied Power concerned)—Japanese Property Commission.
Article 3
The Japanese Government may appoint the
same person to serve on two or more commissions; Provided, however, that if, in the
opinion of the Government of the Allied Power, the service of the Japanese member on
another commission or commissions unduly delays the work of the commission, the Japanese
Government shall upon the request of the Government of the Allied Power appoint a new
member. The Government of an Allied Power and the Japanese Government may agree to appoint
as a third member, a person serving as a third member on other commissions; Provided,
however, that if, in the opinion of either the Government of the Allied Power or the
Japanese Government, the service of the third member on another commission or commissions
unduly delays the work of the commission, either party may require that a new third member
be appointed by agreement of the Government of the Allied Power and the Japanese
Government.
Article 4
If the Japanese Government or the
Government of the Allied Power fails to appoint a member within thirty days of the request
referred to in Article 2 or, if the two Governments fail to agree on the appointment of a
third member within ninety days of the request referred to in Article 2, the Government
which has already appointed a member in the first case, and either the Government of the
Allied Power or the Japanese Government in the second case may request the President of
the International Court of Justice to appoint such member or members. Any vacancy which
may occur in the membership of a commission shall be filled in the manner provided in
Articles 2 and 3.
Article 5
Each commission created under this
Agreement shall determine its own procedure, adopting rules conforming to justice and
equity.
Article 6
Each Government shall pay the
remuneration of the member appointed by it. If the Japanese Government fails to appoint a
member, it shall pay the remuneration of the member appointed on its behalf. The
remuneration of the third member of each commission and the expenses of each commission
shall be fixed by, and borne in equal shares by the Government of the Allied Power and the
Japanese Government.
Article 7
The decision of the majority of the
members of the commission shall be the decision of the commission, which shall be accepted
as final and binding by the Government of the Allied Power and the Japanese Government.
Article 8
This Agreement shall be open for
signature by the Government of any state which is a signatory to the Treaty of Peace. This
Agreement shall come into force between the Government of the Allied Power and the
Japanese Government upon the date of its signature by the Government of the Allied Power
and the Japanese Government, or upon the date of the entry into force of the Treaty of
Peace between the Allied Power whose Government is a signatory hereto and Japan, whichever
is later.
Article 9
This Agreement shall be deposited in
the archives of the Government of the United States of America, which shall furnish each
signatory Government with a certified copy thereof.
IN WITNESS
WHEREOF the undersigned, having been duly authorized, sign this Agreement
on behalf of their respective Governments on the dates appearing opposite their signature.
DONE at Washington this
twelfth day of June, 1952, in the English, French, Spanish, and Japanese languages, all
being equally authentic.
For Argentina:
For Australia:
Percy C. SPENDER
12th August 1952
For Belgium:
SILVERCRUYS
July 1st, 1952
For Bolivia:
For Brazil:
For Cambodia:
Nong KIMNY
13 aout 1952
For Canada:
H.H. WRONG
June 13th, 1952
For Ceylon:
G.C.S. COREA
June 16th, 1952
For Chile:
F. NIETO DEL RÍO
August 8th, 1952
For Colombia:
For Costa Rica:
For Cuba:
Aurelio F. CONCHESO
August 15, 1952
For the Dominican Republic:
Dr. L.F. THOMEN
June 12, 1952
For Ecuador:
For Egypt:
For El Salvador:
For Ethiopia:
For France:
H. BONNET
24 juillet 1952
For Greece:
A.G. POLITIS
June 20th, 1952
For Guatemala:
For Haiti:
Jacques LÉGER
September 15th, 1952
For Honduras:
For Indonesia:
For Iran:
For Iraq:
For Laos:
For Lebanon:
For Liberia:
C.L. SIMPSON
5th August 1952
For the Grand Duchy of Luxembourg:
For Mexico:
Rafael DE LA COLINA
11 de agosto de 1952
For the Netherlands:
For New Zealand:
L.K. MUNRO
June 19, 1952
For Nicaragua:
For Norway:
Eigil NYGAARD
September 9, 1952
For Pakistan:
MOHAMMED ALI
16th July 1952
For Panama:
For Peru:
For the Republic of the Philippines:
For Saudi Arabia:
For Syria:
For Turkey:
Feridun C. ERKIN
July 18, 1952
For the Union of South Africa:
For the United Kingdom of
Great Britain and Northern Ireland:
Oliver FRANKS
July 14th, 1952
For the United States of America:
Dean ACHESON
June 19, 1952
For Uruguay:
For Venezuela:
For Viet-Nam:
For Japan:
Ryuiji TAKEUCHI
June 12, 1952
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