Treaty of San Francisco

The Peace Treaty of San Francisco (English Treaty of Peace with Japan, Japanese日本国 と の 平和 条約, Nihon - koku to no heiwa jōyaku, literally " peace treaty with the state Japan" ) of 8 September 1951, final point of the 1 September. opened in 1951 in San Francisco peace Conference. He gave back Japan 's full sovereignty and thereby officially ended the occupation period ( 1945-1952 ). It entered into force on 28 April 1952.

49 countries signed the document. However, important countries missing on the conference or refused their signature, such as the People's Republic of China, the Soviet Union and India. With the Republic of China on Taiwan, a separate peace treaty (Treaty of Taipei) was closed in 1952, which coincides fundamental issues with the Treaty of San Francisco. The Prime Minister of the People's Republic, Zhou Enlai, published on September 18, a statement in which he described the treaty as illegal and invalid. With the People's Republic of China came in 1978 to conclude a peace treaty. Peace negotiations with the Soviet Union ( and as of 1991 with Russia) failed again and again to open questions.

By the Treaty of San Francisco World War II was also completed diplomatically in the Pacific region, and Japan was the role of imperial supremacy in Asia. The contract relies in many ways on the Charter of the United Nations and the Universal Declaration of Human Rights, in order to emphasize the objectives of the Allies, and to lay the fate of Japan in the hands of the international community. The aim of the agreement was to prepare Japan's admission to the UN, which was six years earlier considered in the establishment nor as an enemy state ( see UN enemy states clause).

The Treaty Japan waived its rights under the Boxer Protocol ( see Boxer Rebellion ) of 1901 and its claims on Korea, Taiwan, the Pescadores Islands, the Kuril Islands, Sakhalin, the Spratly Islands and territories in the Antarctic. The documents do not formally declared to gain sovereignty over these areas which nations. In particular, the legal status of Taiwan is still unclear. Some proponents of Taiwanese independence derive from a right of self-determination under Article 77b of the Charter of the United Nations. The majority of the conference participants expressed the opinion that the self-determination of the islanders had to be considered.

Article 3 of the Agreement provides all the Nansei Islands south of ( that is, the Amami, Ryukyu (including the Senkaku Islands) and Daitō Islands), and the Ogasawara Islands (referred to here as the 29th parallel of latitude Nampo Islands ) under U.S. trusteeship. The Amami Islands were returned by 25 December 1953, Japan, the Ogasawara Islands on April 5, 1968, after a plebiscite in 1971, Daitō and Ryukyu Islands 15 May 1972.

The document also set guidelines for the repatriation of prisoners of war and explains the absence of further military aggression by the guidelines of the UN Charter. Previous contracts ( with the Axis powers Italy and Germany especially ) be annulled and set the framework for the binding of Japan to the Western defense alliance.

Ambiguities in the question of how exactly Islands Japan has abandoned its claims, led to unclear to this day Kurilenkonflikt.

In the Treaty of San Francisco followed on 8 September, the treaty of mutual security (1960 replaced by the Treaty on Mutual Cooperation and Security between Japan and the United States), the military made ​​Japan and the United States allies.

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