U.S. and Japan treaties

Treaties

The United States and Japan have a relationship that has been both turbulent and triumphant. For many years the two nations have participated in treaties that allow encourage cooperation and growth for the two nations. The purpose of this discussion is to provide information concerning the various treaties that have existed between the United States of America and the Empire of Japan.

The Empire of Japan Treaty

The Empire of Japan Treaty was signed March 31 of 1854. Prior to the signing of this treaty most foreign traders were prevented from trading along the coast of Japan. This treaty arose as a result of the problems that occurred when American ships received unfair treatment after being shipwrecked off of the Japanese coast (Empire of Japan Treaty). In addition, American ships had often been treated unfairly when docking for repairs or provisions (Empire of Japan Treaty).

The first article of the treaty asserts that there "shall be a perfect, permanent and universal peace" between America and Japan (Empire of Japan Treaty). The first article also states that there shall be peace between the Japanese and American people.

The initial article of this treaty also calls for unity amongst the countries.

The second article of the Empire of Japan treaty goes into specific detail related to the treatment of American ships while in Japan. The second article states that the port of Simoda [in Yedo harbor], in the principality of Idzu, and the port of Hakodade, in the principality of Matsmai [Hokkaido], are granted by the Japanese as ports for the reception of American ships, where they can be supplied with wood, water, provisions, and coal, and other articles their necessities may require, as far as the Japanese have them. The time for opening the first-named port is immediately on signing this treaty; the last- named port is to be opened immediately after the same day in the ensuing Japanese year (Empire of Japan Treaty)."

This article of the treaty also states Japanese officers would be paid in silver and gold coins for the materials furnished to the American ships.

The third article of the treaty provides details related to what should occur if American ships wreck off the coast of Japan. According to this article Japanese ships should assist the crews by taking them to Simoda or Hakodade. This article also stipulates that any expenses occurring as the result of such as rescue that happens at the shore of either nation will not be refunded. The fourth article is related to the third article in that it prohibits either country from holding ship wrecked persons in jail. In addition the fifth article of the treaty asserts that those who shipwreck along with other American citizens who live in Simoda on a temporary basis will not have to abide by the same restrictions and confinement as the Chine or Dutch were at Nagasaki. Instead those shipwrecked persons and those living in Simoda would be able to travel as they desire within a seven mile radius.

Article six of the treaty makes reference to the handling of business arrangements for goods wanted. It calls for special deliberation amongst the parties as it relates to these matters. Article seven ensures that American ships will be permitted to exchange gold and silver coins and trade goods. It also explains that the Japanese government would be responsible for developing regulations to govern such trade. Article eight of the treaty explains that provisions and goods for American ships can only be given by the designated Japanese officers. Article nine guarantees that any additional rights given to citizens of other nations at a later date must also be granted to American citizens without delay and without any consultation. Article ten establishes that American ships were only to go to the designated ports of Simoda and Hakodade unless there was severe weather or some other type of distress.

The eleventh article of the treaty describes the appointment of Agents or consuls that were to live in Simoda. The last article of the treaty assures that all of the other articles of the treaty will be adhered to by the American and Japanese governments and by the citizens of both nations.

Indeed this treaty was one of the first of many to be signed between the United States and Japan. The aforementioned treaty established treatment of American vessels while in Japan.

This treaty was also important because it played an integral role in the development of the 1858 Harris treaty which will be discussed in greater detail in the following paragraphs.

1858 Harris Treaty

The Harris Treaty was signed on June 19, 1858. The Treaty was controversial from the very start. According to the author of the book the Revolutionary Origins of Modern Japan Ii Naosuke signed the treaty without court sanction (Huber, 1981). Although it was signed to the dismay of many it was enacted and abided by for many years.

According to a book entitled, the American Merchant Experience in twentieth century Japan, the most important features of the Harris treaty were the establishment of treaty ports. Additionally, extraterritoriality and foreign power of Japanese import and export tariffs-guaranteed that non-native merchants in Japan could operate under their own laws and also guaranteed favorable tariffs. Both the treaty port system and Extraterritoriality were present in Japan until 1899 (Murphy 2002). Throughout the time these systems existed the foreign merchant population in the three primary treaty ports of Yokohama (Kanagawa), Hyogo (Kobe) and Nagasaki increased dramatically and American became the second most prevalent nationality (Murphy 2002).

While the increase in the presence of foreigners was beneficial as it related to trade, it also brought about the strengthening of the Sonno-joi movement. According to the author

Sonno-joi had immediate consequences for the newly-forming merchant community at Yokohama in the late 1850s and early 1860s. The "shishi," often referred to as "men of high purpose," were mainly lower samurai, and political extremists, many of whom argued for immediately driving out the foreigners. To accomplish this, some shishi undertook to assassinate members of the foreign community (Murphy 2002, pg 23)."

Although the Harris treaty opened up foreign trade in Japan it was also a volatile situation for foreign merchants. Many did not survive the conditions and many businesses folded. However there were some successful firms that were able to engage in business in Japan.

Even though the two nations had engaged in trade and had some amicable associations, World War II eventually erupted and the two countries were at odds with one another. Eventually the signing if the San Francisco peace treaty took place and changed the relationship between the United States and Japan. In the following section of this discussion we will focus on the details of the San Francisco Peace Treaty.

The San Francisco Peace Treaty

The San Francisco Treaty was one of the most important treaties of the twentieth century because it brought World War II to an end. This particular treaty was signed in 1951 and enacted in 1952. The San Francisco Peace treaty involved several countries but it was a vitally important as it pertained to relations between the United sates and Japan. As it relates to the agreement presented by the treaty, there are several main factors present in the treaty. The first and primary objective of the treaty was to solidify the peace amongst and between the nations engaged in war. In addition the treaty was designed to promote goodwill and common goals between the nations and to promote international peace and security. Under the agreement Japan established the desire to become a member of the United Nations and abide by the Universal Declaration of Human Rights.

The treaty effectively ended the war between all the parties that signed the agreement. The treaty was divided into the following seven chapters

1. Peace-this chapter established the end of the war between the allied powers and Japan. This chapter also recognized Japan as a sovereign nation (Treaty of Peace with Japan).

Territory- the second chapter states that Japan recognizes the independence of Korea. This chapter also renounces Japan's right, Title and Claim to Korea, Formosa, Pescadores, Kurile Islands, Spratly Islands, Paracel Islands. In addition Japan was forced to renounce all right, title and claim to the League of Nations Mandate System (Treaty of Peace with Japan). Under the conditions of the treaty Japan was also forced to accept the action of the United Nations Security Council in 1947 which broadened the trusteeship system to the Pacific Islands.

Security- the security aspect of the treaty established Japan's duty to reconcile any international dispute utilizing peaceful measures. Japan was also obligated to ensure that it would not threat or use force in international relations against an independent nation.

In this aspect of the treaty Japan also promises to assist the United Nations and to refrain from assisting any country for which the United Nations has a grievance.

Allied powers including the United States agreed that they would used the guidelines set forth by the Charter of the United Nations in dealing with Japan (Treaty of Peace with Japan). Additionally the allied powers recognized Japan as a sovereign nation having the right of individual and collective defense as defined by Article 51 of the Charter of the United Nations (Treaty of Peace with Japan).

Additionally it was established that the allied powers occupation forces would withdraw from Japan within a 90 day period (Treaty of Peace with Japan). However the treaty does not prohibit the presence of a retention force. The security aspect of the treaty also explains that any goods that were given to allied troops by Japan were to be returned within 90 days (Treaty of Peace with Japan).

Political and economic clauses- This aspect of the treaty confirms that any conventions or treaties that Japan had with other nations before would come back into effect unless they contradicted the new treaty (Treaty of Peace with Japan). This reenactment of prewar treaties was to occur within one year of the signing of the San Francisco treaty. Japan also agrees to several other mandates under this section of the treaty (Treaty of Peace with Japan).

Claims and Property- this aspect of the treaty acknowledged Japan's responsibility to pay the allied forces reparations. However it also acknowledges that Japan did not have the resources to sustain its economy and provide the allied forces with reparations at the same time (Treaty of Peace with Japan). As such a compromise was made and Japan was asked to enter into negotiation with the allied powers to provide production, salvaging and other assistance to the allied nations that experienced property or infrastructure damage at the hands of Japanese troops (Treaty of Peace with Japan). This aspect of the treaty also granted allied forces the right to "seize, retain, liquidate or otherwise dispose of all property, rights and interests of Japan and Japanese nationals, (b) persons acting for or on behalf of Japan or Japanese nationals, and - entities owned or controlled by Japan or Japanese nationals (Treaty of Peace with Japan) (Treaty of Peace with Japan)." This chapter of the treaty also establishes parameters for several other issues including copyright laws, court decisions, and claims of debts.

Settlement of disputes- this chapter of the treaty establishes that if any dispute exists between Japan and any of the allied nations related to this treaty that cannot be settled by a special claims tribunal will be settled through the international court of justice) (Treaty of Peace with Japan). In addition Japan and any other nation that is not already subject to the Statute of the International Court of Justice will deposit with the Registrar of the Court, at the time of their respective ratifications of the present Treaty, and in conformity with the resolution of the United Nations Security Council, a general declaration accepting the jurisdiction, without special agreement, of the Court generally in respect to all disputes of the character referred to in this Article) (Treaty of Peace with Japan)."

7. Final Clauses- the last section of the treaty simply list some of the countries that will sign the treaty and the manner in which the treaty will be enacted. The final clause also states that if the treaty has not come into force within a nine-month period any nation which signed it could enacted the treaty between Japan and itself.

Overall the San Francisco treaty was instrumental in ending World War II. In addition the treaty set clear parameters related to the ending of the war and the responsibilities of the Japanese along with the allied nations. This treaty was particularly important to America as it had the largest number of troops of all the allied forces. This treaty was also important for Japan as it laid the foundation for the nation's ability to move on from war and play a vital role in the global economy. Now that we have discussed one of the most important treaties of the twentieth century, let us discuss a more recent treaty between Japan and the United States.

U.S.-Japan Treaty to avoid double taxation and the prevention of fiscal evasion

This particular treaty was signed in 2003 and contains 31 articles. The main purpose behind this treaty is to avoid double taxation and the prevention of fiscal evasion as it relates to income taxes. According to the United States Treasury Department the treaty is applicable to both American and Japanese citizens. The treaty designates that Income derived by a resident of a Contracting State from real property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other Contracting State. The term "real property" as used in this Convention shall have the meaning which it has under the laws of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to real property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting real property apply, usufruct of real property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits and other natural resources; ships and aircraft shall not be regarded as real property (Convention between the Government...)."