Author Topic: The US-JP mutual defense treaty: First drafted in 1951. Re-written in 1960  (Read 267 times)

adroth

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A primer on the US-Japan defense treaty



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The United States-Japan Security Treaty at 50
Still a Grand Bargain?
By George R. Packard

https://www.foreignaffairs.com/articles/japan/2010-03-01/united-states-japan-security-treaty-50

On January 19, 1960, Japanese Prime Minister Nobusuke Kishi and U.S. Secretary of State Christian Herter signed a historic treaty. It committed the United States to help defend Japan if Japan came under attack, and it provided bases and ports for U.S. armed forces in Japan. The agreement has endured through half a century of dramatic changes in world politics -- the Vietnam War, the collapse of the Soviet Union, the spread of nuclear weapons to North Korea, the rise of China -- and in spite of fierce trade disputes, exchanges of insults, and deep cultural and historical differences between the United States and Japan. This treaty has lasted longer than any other alliance between two great powers since the 1648 Peace of Westphalia.

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LABOR PAINS

Back in 1952, when an earlier security treaty (which provided the basis for the 1960 treaty) entered into force, both sides thought it was a grand bargain. Japan would recover its independence, gain security at a low cost from the most powerful nation in the region, and win access to the U.S. market for its products. Without the need to build a large military force, Japan would be able to devote itself to economic recovery. The United States, for its part, could project power into the western Pacific, and having troops and bases in Japan made credible both its treaty commitments to defend South Korea and Taiwan and its policy of containment of the Soviet Union and communist China.

But there was also much to be unhappy about, especially for the Japanese. This was an agreement negotiated between a victor and an occupied nation, not equal sovereign states. The Japanese government, which had never in its history accepted foreign troops on its soil, was now forced to agree to the indefinite presence of 260,000 U.S. military personnel at more than 2,800 bases across the country. Practical arrangements for the troops' stationing were left to an administrative agreement that did not require the approval of the Diet, the Japanese parliament. This gave the United States the right to quell large-scale internal disturbances in Japan. Against their better judgment, Japan's leaders were also forced to agree to recognize Chiang Kai-shek's Republic of China on Taiwan as the government of all of China. Meanwhile, the U.S. government made no specific commitment to defend Japan and retained the freedom to use its troops anywhere in East Asia.

The United States also came to have misgivings about the terms of the alliance. Under Article 9 of Japan's 1947 constitution, which General Douglas MacArthur had forced on the country, Japan renounced "war as a sovereign right of the nation and the threat or use of force in settling international disputes" and undertook never to maintain "land, sea, and air forces as well as other war potential." The U.S. government soon regretted this language: Japan could invoke it as an excuse to stay out the United States' future wars. Indeed, Japanese Prime Minister Shigeru Yoshida found ways to resist Washington's urgings to build up Japan's army. Not only had the United States undertaken to come to Japan's defense in case of an attack while Japan had no reciprocal obligation, but Japan insisted that its constitution prohibited it from exercising the right of collective self-defense and thus from ever sending troops or vessels to help Americans in combat operations.

By 1957, buoyed by the country's rising prosperity and new nationalism, the postwar generation of Japanese college students, Marxist intellectuals, and labor unionists, among others, started to chafe at the inequalities embedded in the treaty. The U.S. troops living on bases in Japan had brought crime and caused accidents; the agreement still risked dragging Japan into war with China or North Korea or the Soviet Union. Kishi staked his political life on improving the agreement's terms for Japan. After three years of hard bargaining, a revised treaty, which could be abrogated after ten years, was hammered out. The U.S. government committed to defending Japan if it was attacked. It agreed to consult Japan in advance of any major changes in the deployment of its troops or equipment or in its use of its bases in Japan for combat operations.

Although the revised treaty improved Japan's leverage, Japanese left-wingers, among others, used the ratification process to express their disapproval of the entire U.S.-Japanese alliance system. Kishi battled his left-wing critics for months, melees broke out in the Diet, and thousands of Japanese protested in massive street demonstrations. On May 19, 1960, Kishi suddenly forced a vote to ratify the treaty in the lower house, calling on the police to remove his Socialist opponents for staging sit-downs and blocking the Speaker from calling the Diet to order. Too clever by half, the maneuver aroused even greater and more violent street protests, and a state visit by U.S. President Dwight Eisenhower, timed to coincide with the revised treaty's ratification, had to be canceled. The treaty was eventually approved, and it was ratified on June 23, but Kishi announced his resignation the same day. The Liberal Democratic Party, the dominant conservative party, had learned that it could not impose its will on the opposition on matters of war and peace.

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« Last Edit: January 22, 2019, 02:56:01 AM by adroth »

adroth

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Text of the treaty itself

This how it currently stands, as part the re-written treaty of 1960

https://www.mofa.go.jp/region/n-america/us/q&a/ref/1.html

Quote
TREATY OF MUTUAL COOPERATION AND SECURITY BETWEEN JAPAN AND THE UNITED STATES OF AMERICA

Japan and the United States of America,

Desiring to strengthen the bonds of peace and friendship traditionally existing between them, and to uphold the principles of democracy, individual liberty, and the rule of law,

Desiring further to encourage closer economic cooperation between them and to promote conditions of economic stability and well-being in their countries,

Reaffirming their faith in the purposes and principles of the Charter of the United Nations, and their desire to live in peace with all peoples and all governments,

Recognizing that they have the inherent right of individual or collective self-defense as affirmed in the Charter of the United Nations,

Considering that they have a common concern in the maintenance of international peace and security in the Far East,
Having resolved to conclude a treaty of mutual cooperation and security,

Therefore agree as follows:

ARTICLE I

The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their 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. The Parties will endeavor in concert with other peace-loving countries to strengthen the United Nations so that its mission of maintaining international peace and security may be discharged more effectively.

ARTICLE II

The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promoting conditions of stability and well-being. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between them.

ARTICLE III

The Parties, individually and in cooperation with each other, by means of continuous and effective self-help and mutual aid will maintain and develop, subject to their constitutional provisions, their capacities to resist armed attack.

ARTICLE IV

The Parties will consult together from time to time regarding the implementation of this Treaty, and, at the request of either Party, whenever the security of Japan or international peace and security in the Far East is threatened.

ARTICLE V

Each Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional provisions and processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations in accordance with the provisions of Article 51 of the Charter. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

ARTICLE VI

For the purpose of contributing to the security of Japan and the maintenance of international peace and security in the Far East, the United States of America is granted the use by its land, air and naval forces of facilities and areas in Japan. The use of these facilities and areas as well as the status of United States armed forces in Japan shall be governed by a separate agreement, replacing the Administrative Agreement under Article III of the Security Treaty between Japan and the United States of America, signed at Tokyo on February 28, 1952, as amended, and by such other arrangements as may be agreed upon.

ARTICLE VII

This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security.

ARTICLE VIII

This Treaty shall be ratified by Japan and the United States of America in accordance with their respective constitutional processes and will enter into force on the date on which the instruments of ratification thereof have been exchanged by them in Tokyo.

ARTICLE IX

The Security Treaty between Japan and the United States of America signed at the city of San Francisco on September 8, 1951 shall expire upon the entering into force of this Treaty.

ARTICLE X

This Treaty shall remain in force until in the opinion of the Governments of Japan and the United States of America there shall have come into force such United Nations arrangements as will satisfactorily provide for the maintenance of international peace and security in the Japan area. However, after the Treaty has been in force for ten years, either Party may give notice to the other Party of its intention to terminate the Treaty, in which case the Treaty shall terminate one year after such notice has been given.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

DONE in duplicate at Washington in the Japanese and English languages, both equally authentic, this 19th day of January, 1960.

FOR JAPAN:

Nobusuke Kishi
Aiichiro Fujiyama
Mitsujiro Ishii
Tadashi Adachi
Koichiro Asakai


FOR THE UNITED STATES OF AMERICA:

Christian A. Herter
Douglas MacArthur 2nd
J. Graham Parsons

The original treaty drafted in 1951

http://avalon.law.yale.edu/20th_century/japan001.asp

Quote
Security Treaty Between the United States and Japan
September 8, 1951

Japan has this day signed a Treaty of Peace with the Allied Powers.(2) On the coming into force of that Treaty, Japan will not have the effective means to exercise its inherent right of self-defense because it has been disarmed.

There is danger to Japan in this situation because irresponsible militarism has not yet been driven from the world. Therefore Japan desires a Security Treaty with the United States of America to come into force simultaneously with the Treaty of Peace between the United States of America and Japan.

The Treaty of Peace recognizes that Japan as a sovereign nation has the right to enter into collective security arrangements, and further, the Charter of the United Nations recognizes that all nations possess an inherent right of individual and collective self-defense.

In exercise of these rights, Japan desires, as a provisional arrangement for its defense, that the United States of America should maintain armed forces of its own in and about Japan so as to deter armed attack upon Japan.

The United States of America, in the interest of peace and security, is presently willing to maintain certain of its armed forces in and about Japan, in the expectation, however, that Japan will itself increasingly assume responsibility for its own defense against direct and indirect aggression, always avoiding any armament which could be an offensive threat or serve other than to promote peace and security in accordance with the purposes and principles of the United Nations Charter.

Accordingly, the two countries have agreed as follows:

ARTICLE I
Japan grants, and the United States of America accepts, the right, upon the coming into force of the Treaty of Peace and of this Treaty, to dispose United States land, air and sea forces in and about Japan. Such forces may be utilized to contribute to the maintenance of international peace and security in the Far East and to the security of Japan against armed attack from without, including assistance given at the express request of the Japanese Government to put down largescale internal riots and disturbances in Japan, caused through instigation or intervention by an outside power or powers.

ARTICLE II
During the exercise of the right referred to in Article I, Japan will not grant, without the prior consent of the United States of America, any bases or any rights, powers or authority whatsoever, in or relating to bases or the right of garrison or of maneuver, or transit of ground, air or naval forces to any third power.

ARTICLE III
The conditions which shall govern the disposition of armed forces of the United States of America in and about Japan shall be determined by administrative agreements between the two Governments.(3)

ARTICLE IV
This Treaty shall expire whenever in the opinion of the Governments of the United States of America and Japan there shall have come into force such United Nations arrangements or such alternative individual or collective security dispositions as will satisfactorily provide for the maintenance by the United Nations or otherwise of international peace and security in the Japan Area.

ARTICLE V
This Treaty shall be ratified by the United States of America and Japan and will come into force when instruments of ratification thereof have been exchanged by them at Washington.(4)

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

DONE in duplicate at the city of San Francisco, in the English and Japanese languages, this eighth day of September, 1951.

(1) TIAS 2491, 3 UST 3329-3340. Ratification advised by the Senate, Mar. 20, 1952 ratified by the President, Apr. 15, 1952, entered into force, Apr. 28, 1952. Back

(2) Supra, pp. 425-440. Back

(3) See infra, pp. 2406-2423. Back

(3) Instruments of ratification were exchanged Apr. 28, 1952.
« Last Edit: January 22, 2019, 07:32:05 AM by adroth »