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The United States-Japanese Property Commission*

Published online by Cambridge University Press:  28 March 2017

Lionel M. Summers  and
Arnold Fraleigh
Lionel M. Summers
Affiliation:
United States Member, U. S.-Japanese Property Commission
Arnold Fraleigh
Affiliation:
Agent of the United States before U. S.-Japanese Property Commission
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Extract

The United States-Japanese Property Commission is a recent example of the successful use of an international arbitral commission to settle disputes between sovereign nations.

Type
Research Article
Information
American Journal of International Law , Volume 56 , Issue 2 , April 1962 , pp. 407 - 432
Copyright
Copyright © American Society of International Law 1962

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Footnotes

*

The views expressed herein are the personal views of the authors and do not necessarily represent the views of the Department of State.

References

1 Agreement with Japan for Settlement of Disputes Arising under Article 15(a) of the Treaty of Peace with Japan, June 19, 1952, 3 TJ. S. Treaties 4054, T.I.A.S., No. 2550.

2 Treaty of Peace with Japan, Sept. 8, 1951, Art. 15 (a). 3 U. S. Treaties 3169; T.I.A.S., No. 2490; 46 A.J.I.L. Supp. 71 (1952).

3 Despatch No. 299 of Sept. 13, 1960, from the American Embassy, Tokyo, to the Department of State, Department of State File No. 294.1141/9–1360.

4 Treaty of Peace with Italy, Feb. 10, 1947, Art. 78, 61 Stat. 1245; T.I.A.S., No. 1648; 42 A.J.I.L. Supp. 76 (1948) ; Treaty of Peace with Rumania, Feb. 10, 1947, Art. 24, 61 Stat. (2) 1757; T.I.A.S., No. 1649; 42 A.J.I.L. Supp. 259 (1948); Treaty of Peace with Bulgaria, Feb. 10, 1947, Art. 23, 61 Stat. 1915; T.I.A.S., No. 1650; 42 A.J.I.L. Supp. 186 (1948); Treaty of Peace with Hungary, Feb. 10, 1947, Art. 26, 61 Stat. 2065; T.I.A.S., No. 1651; 42 A.J.I.L. Supp. 234 (1948); Treaty of Peace with Finland, Feb. 10, 1947, Art. 25, Dept. of State Pub. 2743, European Ser. 21; 42 A.J.I.L. Supp. 209 (1948).

5 Cited note 1 above.

6 Decisions of the U. S.-Japanese Property Commission have been printed in English in the Japanese Annual of International Law, No. 5 (1961), p. 45 et seq. Copies of the decisions in both English and Japanese are available in the State Department library.

7 Allied Powers Property Compensation Law, Japanese Law No. 264 of Nov. 26, 1951, published in English translation of Japanese Official Gazette of Nov. 26, 1951, Art. 15.

8 Agreement for the Settlement of Disputes, Art. I, note 1 above.

9 Enclosure No. 1 to Despatch No. 11 of Aug. 11, 1959, from the American Consulate General at Yokohama to the Department of State, Department of State Pile No. 294.1141/8–1159, Art. 6.

10 Ibid., Art. 6, par. C.

11 Ibid.

12 Loc. cit. note 2 above.

13 See Fraleigh, , “Compensation for War Damage to American Property in Allied Countries,” 41 A.J.I.L. 748–769 (1947)Google Scholar.

14 See Comparative Study of the March, 1951, Draft and August 13, 1951, Text of the Japanese Peace Treaty, circulated as Doc. No. 17 at the Peace Conference at San Francisco.

15 This statement is supported by preparatory documents concerning the negotiation of the Allied Powers Property Compensation Law, which were submitted to the Commission at its request by the American and Japanese Agents and are identified as General Exhibit No. 1.

16 Ibid.

17 Treaty of Peace with Japan, Sept. 8, 1951, Art. 15(a). 3 TJ. S. Treaties 3169; T.I.A.S., No. 2490; 46 A.J.I.L. Supp. 79 (1952).

18 Treaty of Peace with Italy, Feb. 10, 1947, Art. 78, par. 4. 61 Stat. 1245; T.I.A.S., No. 1648; 42 A.J.I.L. Supp. 17 (1948).

19 Compare text of Compensation Law (note 7 above) with Draft Allied Powers Property Compensation Law, approved by the Japanese Cabinet on July 13, 1951, the text of which is enclosed with Despatch No. 239 of Aug. 15, 1951, from the U. S. Political Adviser (USPOLAD) Tokyo, to the Department of State, Department of State File No. 694.001/8–1551.

20 Decision No. 3, U. S.-Japanese Property Commission, IT. S. ex rel. Continental Insurance Co. v. Japan, July 20, 1960. Japanese Annual of International Law, No. 5 (1961), p. 56.

21 Agreement with Italy of Feb. 24, 1949, interpreting Agreement of Aug. 14, 1947, on Financial and Economic Relations. 63 Stat. 2415; T.I.A.S., No. 1919.

22 Treaty of Peace with Italy, Art. 78, par. 4(d), cited note 18 above.

23 Allied Powers Property Compensation Law, Art. 11, note 7 above.

24 Treaty of Peace with Italy, Art. 78, par. 4(b), note 18 above.

25 Allied Powers Property Compensation Law, Art. 7, note 7 above.

26 Ibid., Art. 8.

27 Ibid., Art. 17.

28 Decision No. 2, June 29, 1960; Japanese Annual of International Law, No. 5 (1961), p. 47 et seq.

29 Ibid.

30 Japanese Annual of International Law, No. 5 (1961), p. 51 et seq.

31 Allied Powers Property Compensation Law, Art. 17, par. 2.

32 Japanese Annual of International Law, No. 5 (1961), p. 55.

33 Ibid., pp. 56–57.

34 Nussbaum, Money in the Law, sec. 31.IV (rev. ed., 1950).

35 Enclosure to Despatch No. 1271 of April 21, 1960, from the American Embassy, Tokyo, to the Department of State, Department of State File No. 294.1141 Continental Insurance Co./4–2160.

36 Ibid.

37 Japanese Annual of International Law, No. 5 (1961), p. 58.

38 Agreement for Settlement of Disputes, Art. VII, note 1 above.

39 Decision No. 4, July 20, 1960. Japanese Annual, loc. cit., p. 60 et seq.

40 Despatch No. 303 of Sept. 13, 1960, from American Embassy, Tokyo, to the Department of State, Department of State File No. 294.1141/9–1360.

41 Allied Powers Property Compensation Law, Art. 12, par. 3, note 7 above.

42 Japanese Annual, loc. cit., p. 66 et seq.

43 Decision No. 5, July 21, 1960. Japanese Annual, loc. cit., p. 70 et seq.

44 U. S. Executive Order No. 8832 of July 26, 1941; Japanese Ministry of Finance Ordinance of July 28, 1941.

45 Japanese Annual, loc. cit., pp. 75–76.

46 Decision No. 6, July 23, 1960. Japanese Annual, loc. cit., p. 77 et seq.

47 Loc. cit., p. 85.

48 U. S. ex rel. Hillel v. Japan, Decision No. 7, July 23, 1960, Japanese Annual, loc. cit., p. 89 et seq.; U. S. ex rel. Sassoon v. Japan, Decision No. 8, July 23, 1960, ibid., p. 102 et seq.

49 Allied Powers Property Compensation Law, Art. 15, note 7 above.

50 Decision No. 1, March 28, 1960. Japanese Annual, loc. cit., p. 45.

51 Cited note 4 above.

52 Cf. Takayanagi, , “Contact of the Common Law with the Civil Law in Japan,” 4 A. J. Comp. Law 60–69 (1955)CrossRefGoogle Scholar; Appleton, , “The Law of Japan,” in Studies in the Law of the Far East and Southeast Asia 1–28 (Washington Foreign Law Society, 1956)Google Scholar.