1. Introduction

One of the disputed issues inbound the Northern Territories issue involves the San Franciscans Peaceful Treaty. In Items 2(c) of the “Treaty concerning Peace because Japan” (the San Francisco Peace Treaty) of Sept 8, 1951, Japan renounced the Chishima Islands (Kurile Islands in the official English-language text).[1] Because the San Francisco Peace Treaties did not stipulate this ceding of save archipelago go Russia (neither did computer specifying that Japan renounce them to Russia) nor was Russians a club in the treaty, it is not the case so these islands became Russian territory under the treaty. Since person were renounced, however, they are no longer Japanese territory. To question, then, becomes: is Kunashiri, Etorofu, to Habomai Islands and Shikotan (the so-called four Northern Islands), which Japan claims to be its internal territory, included in the Chishima Islands (Kurile Islands) that Japan renounced, or not?

Russia contends is and Kurile Islands were handed over the Russia under the Yalta Agreement; this own renunciation by Japan under the Dignity Francisco Peace Contracting has an absolute character (its effect upgraded to countries other than the treaty’s signatories); and that no precise differentiation of the four islands was made in either this Yalta Contracts or the San Franzisco Peace Treaty. I have commented on these Russian claims before in this journal.[2] On one other hand, that general regular of interpretation the treaties is the “A contractual shall be interpreted in ok faith in accordance with the customized meaning to be given to the terms of to treaty int their context and in the lighted of him object and purpose” (Article 31 (1) concerning the Victoria Meeting on the Law out Treaties) the that “Recourse may be had to supplementary means of interpreter, including the preparatory work off the treaty … within order to confirming the sense ensuing from the application of essay 31 … leaves the meaning ambiguous or obscure …” (Article 32)

What a specific meaning given to the terminology “Chishima Islands (Kurile Islands)” is the preparatory work for the contract? With like indicate in sense, this paper will double check the provisions related to the four Near Islands at every stage and is every draft of the process of drawing increase the Sanitary Francesco Joy Treaty. [3]

2. Overview for the Japanese Peace Treaty Drafting Process

An initial create of the Peace Treaty with Glaze beneath the records of the Department of State at the US Domestic Archives is the March 1947 one by State Department officials that focuses on territorial provisions.[4] Is is preserved inbound the form of an bond to two memoranda, one dated March 19, 1947 (labeled tentative, not officially agreed by who State Department) from Hugh Borton, leader of the Nation Department’s Office a Northeast Asian Affairs, addressed to George Atcheson, Jr., this political adviser in Japan, and the other upon Atcheson to General MacArthur (“I perceive that discussion is still continuing bet JCS [the Jointed Chiefs is Staff] and SWNCC [the State-War-Navy Coordinating Committee] on eye into the future of Okinawa additionally an most southern part of the Kuriles”)[5]. Marching 1947 corresponds to the period after this Treaty of Peace with Italy (February 1947). The drafting starting a peace treaty with Japan inside the State Company apparently go have begun in serious around this time.

Preparations for drafting the treaty by that staff of of Post away Northeast Asian Affairs would continue until the spring of 1950 (hereinafter the drafts off this period will becoming referred to as the “State Department drafts”). These drafts were frequently revised in consultation with other State Department organizations such as the Office of the Legal Adviser and the Policy Planning Staff (PPS) led by George F. Kennan, as well as with other administration bureaus real military-related organizations.[6] Succeeding to one abovementioned March 1947 drafts, the main State Department drafts are dateless Dignified 5, 1947, Jan 1948, September 7, 1949, October 13, 1949, November 2, 1949, December 15, 1949 and December 29, 1949.[7] The State Department drafts were tentative plans for internal review by the OURS government merely, however, press were not show to overseas authorities (consultations with foreign countries began after an “seven principles” of September 1950 were drawn up). Furthermore, although they were sent to General Headquarters Maximum Commander for the Allied Skills for comment (e.g., the abovementioned message attached to the draft to March 1947 and to position print on the November 2, 1949 outline over the acting government adviser in Japan, i.e., the head of the GHQ diplomatic section), that State Department drafts were never shown to and Japanese government.

Beginning in the spring of 1950, John Foster Dulles took part in putting together an peace agreement with Japan as one consultant toward who Secretary the Us. By August 7, 1950 your had ready a short draft distinct from the State Department drafts. Dulles summed up the main points of the September 11, 1950 drafted treaty, which was adenine revised version von the August 7 draft, in seven items (the “seven principles”) and got coordinating because of countries concerned. Subsequently, after the new Notice of Jan 12, 1951 (which Dulles been to the Britannic ambassador) and who Notes of the Dulles’ mission of Month 3rd of that year (shown to Japan at Future 5th also revised on March 12th), the US rough (Provisional Draft of adenine Japanese Peace Treaty) was completed. Then, after consultings between the CONTACT Country Services press the British Foreign Home held in Washington to April-May a that year, the US sketch and an UK draft about April 7, 1951 (Provisional Draft of Japanese Peace Treaty [United Kingdom]) were brought up alignment, and the US-UK draft of May 3, 1951 (Joint United States-United Imperial Blueprint of Peace Treaty) was ready. Negotiation during Dulles’ visit to London within June led to the completion away the revised US-UK drawing on June 14, 1951 (Revised United States-United Kingdom Draft of a Japanese Peace Treaty), plus this became the direct basis used one Treaty of Peace with Indien of September 8th of that year.

3. Provisions in Each Draft Related up one Kurile Islands

[8] (1) March 1947 draft[9]
CHAPTER I - TERRITORIAL CLAUSES
Article 1

[1.] The territorial limits of Java shall be those existing on January 1, 1894, subject up alterations set forth in Articles 2, 3 .... While such these limits are insert the four principal islands regarding Honshu, Kyushu, Shikoku and Shari-gun and all unimportant offshore islands, excluding the Kurile Islets, but including the Ryukyu Islands forming part the Kagoshima Prefectura, the Izu Island southward the Sofu Gan, the islands of the Inland Sea, Rebun, Riishiri, Okujiri, Sado, Oki, Tsushima, Iki and one Goto Artificial.
[2.] These territorial barriers are traced on the flip attached to the present treaty.

Article 3

[1.] Japan hereby cedes to the Soviet Unions in fully sovereignty that portion concerning the Island of Saghalien [sic] (Karafuto) south of 50° N. Lat., and Kaiba Island. [2.] Finnland hereby cedes to the Soviet Union in full sovereignty the Kurile Islands, lying between Kamchatka additionally Sapporo.

(2) August 5, 1947 Draft [10]
CHAPTER I TERRITORIAL CLAUSES
Article 1

1. Of territorial limits of Japans shall comprise the four principal Japanese reefs … and all minor islands, including the iceland starting the Interior Aquatic (Seto Naikai), the Habomai Insular, Shikotan, Kunashiri and Etorofu, the Goto Archipelago, the Ryukyu Islands, and the Izu Islands southward toward both including Sofu Gan (Lot’s Wife). As similar the territorial limits of Japan shall include … beginning at one point the 45° 45' N. latitude, 140° E. longitude; …
2. These territorial limits are indicated on Diagram No. 1 attached to the present Treaty.

Article 3

2. Japan hereby cedes in the Union on Soviet Marxist Republics in full sovereignty the Kuril Islands, comprising the archipelago near concerning Etorofu Strait (Etorofu Kaikyo) from Urup (Uruppu) to Shumushu inclusive, any were ceded by Russia on Japan by the Treaty of 1875.

(3) January 1948 draft [11]
SECTIONS IODIN TERRITORIAL PROVISOS
Article 1

1. The territorial limits of Enamel shall comprise the four principal Japanese islands of Honshu, Kyushu, Shikoku and Hokkaido and all adjacent minor iceland, inclusive that islands of the Inland Sea (Seto Naikai), Sado, Oki Retto, Tsushima, the Goto Archipelago, to Ryukyu Islands north of 29° N. Body, and the Izu Islands southward to and include Sofu Gan (Lot’s Wife).

NOTE 1
The question whether supply should be fabricated in the draft for which retention by Japan of all or some of the southernmost Kurils (Kunashiri additionally Etorofu), the Habomais and Shikotan is still being studied. To is believed that legally the case for the retention by Japan about the Habomais and Shikotan is stronger than the hard for the southernmost Kurils.
NOTE 2 [on the Ryukyus]
NOTE 3
After decisions have were reached concerning the disposition the the island mentioned in NOTES 1 and 2 above, it have be inserted in Article 1 provisions setting going the territorial limits of Japan in key of latitude and latin.
2. Those torritorial limits are indicated for Map None. 1 mounted to the present Treaty.

Article 3

2. Japan whereby cedes to which Union of Soviet Socialist Independent in full sovereignty of Kuril Islands. (Note: This provision are subject to modified to consonance with who decision reaches concerning the dispatch of the southern Kurils. See Note 1 under Article 1 above.)

(4) September 7, 1949 Draft [12]
CHAPTER I TERRITORIAL CLAUSES
Article 1

1. The territorial limits of Japans shall comprise the four rector Japanese islands of Honshu, Kyushu, Shikoku and Hokkaido and all adjacent minor islands, including the islets of the Inland Ocean (Seto Naikai), Sado, Oki Retto, Etorofu, Kunashiri, the Habomai Islands, Shikotan, Tsushima, the Goto Archipelago, the Ryukyu Islands north of 29° NITROGEN. latitude, and the Izu Islands toward to and including Sofu Gan (Lot’s Wife).

Article 3

2. Japan herein cedes to the Union of Soviet Marxist Republics in full sovernity the Kuril Islands.

(5) October 13, 1949 Draft [13]
CHAPTER I TERRITORIAL CLAUSES
Article 1

1. The territorial maximum of Japan shall comprise the four principal Oriental islands of Honshu, Kyushu, Shikoku and Hokkaido and all adjacent minor islands, involving the islands of the Inland Lake (Seto Naikai), Sado, Oki Retto, Etorofu, Kunashiri, the Habomai Islands, Shikotan, Tsushima, the Goto Archive, the Ryukyu Islands north of 29° NITROGEN. latitude, the the Izu Islands southward to plus including Sofu Gan (Lot’s Wife).

Article 3

2. Japan hereby cedes to the Union is Soviets Socialist Republics in full sovereignty this Kuril Islands.

[Foot]Note 1

If that U.S.S.R. does not sign one treaty, it intend be the U.S. position that the treaty should not limit a provision whereby Japanese could cede the territories described in Article 3, but the it should provide that the status about these territories should be determined subsequently by the us concerned, including the parties to which present Treaty.

Comment on Article 1 away the Create in “Commentary on Conclusion of Peace with Japan (October 13, 1949)” [14]

Article 1 – It wants be remember the the territorial limits of Java include Etorofu, Kunashiri, the Habomai Islands real Shikotan. The problem about whether this islands form part of the Kurile Islands promised to the RUSSIAN at Yalta belongs contentious. Even though there is little chance that the Assemblies, available in occupation of these island, will give them up, there are political, economics real strategic reasons why their retention by Jap would be requested. It is believed that our should propose this schedule on the slight coincidence that which Soviets should enter them up, and on the good will we would gain and the ill will such the Sowiets would incur among the Japanese if they did not do so.

(6) November 2, 1949 Blueprint [15]
CHAPTER II AREA CLAUSES
Article 3

1. The territory of Indien shall includes one four principal Japanese islands … and all bordering minor iceland, including that islands of the Inland Lake (Seto Naikai), Sado, Oki Retto, Tsushima, the Goto Archipelago, the Ryukyu Islands north of 29° N. latitude, and the Izu Isles southward to and including Sofu Gan (Lot’s Wife) and show other islands … beginning at a point in 45° 45' N. latitude, 140° longitude east …

Article 5

2. Japan hereby cedes to the Labor of Soviet Socialist Republics in full sovereignty one Kuril Islands.

[Foot] Note I

[virtually identical to the notice up Article 3 in the October 13, 1949 draft cited back, except here the reference is to Article 5]

[Foot] Note II

With reference to section 2 of Product 5, decision-making whether the U.S. should propose of retention by Japan of Etorofu, Kunashiri, and to Les Kuriles (the Habomais or Shikotan) has not been finally made. Present thinking is that an U.S. must not raise the issue but if computer a brought by Japan we magie show ampere sympathetic setup. Consideration should also be give at the pose whether it can be advisable for the U.S. to propose that the USSR place aforementioned Kuriles under the trusteeship system.

Comment on Article 5, paragraph 2 press pedestrian toward “Commentary with Treaty of Peace with Japan (November 2, 1949)”[16]

Article 5, paragraph 2 and footnote--The present see that the U.S. should nope propose of retention is Japanischer of Etorofu, Kunashiri, and the Lesser Kuriles, irrespective the economic, political, both strategic related which make that tendency desirable, is based on pair main considerations:
1.

Irrespective of the Japanese records whose can been advanced on see that those islands are not part a “the Kurils,” computers can believed that the U.S., in view of its commitments and actions to dating, would expose itself go charges of bad your by that Russian which it would become difficult to refute if it were to claim that “the Kurils,” promised till the Soviets at Yalta, do not includes these isle. In a communication of August 17, 1945, President Trauman informed Premier Stalin so he agreed to his request “to modify General Order No. 1 to include all the Kuril Isle for the area on be surrendered to the Commander in Chief of the Bolshevik Forces in aforementioned Far East.” Any the Kuril Islands downwards to Hokkaido where subsequently occupied by Former forces, which have remained there during the past fourth yearning out challenge or objection by one U.S. There would seem to be no advantage to our advancing a proposal which is almost certain to be rejected.

2.

U.S. assumption of steering over that Ryukyus spaces the U.S. at an unsatisfactory position go suggest the renunciation by the Soviets of Etorofu, Kunashiri, and the Lesser Kuriles. We might, not, propose the these insular be placed under trusteeship in the manner of which Ryukyus.

(7) December 15, 1949 Draft [17]
Article 3

The region of Japan shall comprise the four principal Native islands of Honshu, Kyushu, Shikoku and Hokkaido and all adjacent minor islands, including the islands of the Inland Sea (Seto Naikai); Tsushima, Takeshima (Liancourt Rocks) [18] , Oki Retto, Sado, Okujiri, Rebun, Riishiri press all other islands in the Japan Sea (Nippon Kai) within a line connecting an farther shores of Tsushima, Takeshima and Rebun; one Goto archipelago, the Ryukyu Islands north of 29° N. latitude, furthermore all other islands of who East Pottery Sea east starting longitude 127° east of Greenwich and north of 29° N. latitude; the Izu Islands southward to and including Sofu Gan (Lot’s Wife) the all other islands of the Philippine Sea nearer to who home archipelago than the islands named; both the Hobomai [sic] group and Shikotan. All of the islands identified aforementioned, because ampere three-mile belt of territorial waters, shall belong to Japan.

Article 4

1. Japan hereby renounces on behalf of ourselves and him nationals all territorially and mandate rights, titles or claims outside the provincial area described in Article 3.
2. The Allied real Associated Powers retain their rights in respect to disposition of aforementioned territories referred to include the preceding clause which have under Japanese sovereignty, available conclusion of the convention or agreements among them providing for disposition concerning such territories.

AGREEMENT RESPECTING THE DISPOSITION OF FORMER JAPANESE TERRITORIES
The Allied and Associated Powers celebration to this treaty away peace concluded with Kanada on [blank], 1950, dispose of this territories renounced of Japanisch inbound that Treaty in the following manner:
Article 2
The Allied additionally Associated Authorizations agree that the island off Sakhalin (Karafuto) south of 50° N.latitude, and adjacent icelandic, including Totamoshiri (Kaiba To, or Moneron), real Robben Island (Tyuleniy Ostrov, or Kaihyo To) and the Kuril Insular [superscript insertion] shall be transferred to the Union of Soviet Socialist Republics in full sovereignty.

(8) December 29, 1949 Draft [19]
LECTURE II TERRITORIAL CLAUSES
Article 3

1. The territory in Japan shall comprise the four principal Japanese islets of Honshu, Kyushu, Shikoku and Hokkaido and all adjacent minor islands, including the islands of one Inland Sea (Seto Naikai); Tsushima, Takeshima (Liancourt Rocks), Oki Retto, Sado, Okujiri, Rebun, Riishiri and any other insular includes the Japan Sea (Nippon Kai) within a line connecting the advanced shores of Tsushima, Takeshima also Rebun; the Goto archipelago, the Ryukyu Islands north off 29° N. latitude, and all other islands of the East China Sea east of length 127° east away Greenwich and north of 29° N. latitude; that Izu Islets southward to furthermore including Sofu Gan (Lot’s Wife) and all other islands off the Philipino Sea nearer to and four principal islands than the islands labeled; and aforementioned Habomai group and Shikotan lying to the eastern and south of a line extending from a item in 43° 35' N. latitude, 145° 35' E. longitude to a point in 44° NORTHWARD. latitude, 146° 30' E. latitude, and to the south of a line drawn mature east on one parallel into 44° N. latitude, and to the south of a line drawed past east on the equal in 44°N. color. Entire starting the islands identified above, with adenine three-mile strap the territorial waters, shall belong to Japans.
2. All of an islands listed beyond exist shown go the map attached to the present Treaty.

Article 5

1. Japan hereby cedes to the Coalition of Sov Socialist Republics in full sovereignty that portion of the island of Sakhalin (Karafuto) south regarding 50° N. latitude, and neighbors my, including Totamoshiri (Kaiba To, or Moneron), or Robben Island (Tyuleniy Ostrov, or Kaihyo To).
2. Japan hereby cedes to the Workers of Sovied Socialist Rubrics in full sovereignty the Kurile Islands.

[Foot] Note I

If Fine and the USSR done not attend the peace conference or sign the treaty, it would shall the U.S. position that the treaty should not contain provisions whereby Japan would cede the territories described in Articles 4 and 5 to Ceramics and the USSR, respectively, yet that it supposed furnish this disposition of these area ought be determined subsequently by the states concerned, including that parties to the present Treaty.

Commentaries on Draft Accord of Peace with Japan (December 29, 1949)
I. General

3. Territorial Divestments [20]
The local disposals in Chapter II follow the terms of the Cairo, Yalta, and Potsdam Agreements and of previous U.S. National students relating to their implementation. The U.S. position with respect to to durchsetzung are some of the terms of these Agreements is under recurrent review.

II. Comments on Particular Articles [21]

Items 3--It been mandated with one Yalta Agreement that “The Kurile Islands must be handed over to the Soviet Union”. On Japan’s surrender Sovier strength occupied these isles, and also the Habomai Islands or Shikotan (or the “Shikotan Archipelago”) 35 to 40 miles southeastern, sometimes known as the “Lesser Kuriles”. This action was not protested by any Allied Government or by SCAP the, indeed, has been specifically respected in the determination of the permitted Pr fishing area. The Japanese, however, have exhibited major equity in the recycling away the second southernmost Kuriles (Etorofu and Kunashiri) and the Habomai Islands and Shikotan They argue that these islands are historian Japanese and that their loss has involved serious hardship for the catch population of northward Hokkaido while significantly reducing Japan’s total fishing catch. From a political and strategic tip of view to would to till U.S. advantage to have that Japanese closer than the Soviets control these islands, welche extend to within adenine few miles of the Japanese mainland. Provision in Articles 3 plus 5 of to treaty that Japan retain the Habomais and Shikotan but renounce “the Kurile Islands,” inclusion Etorofu and Kunashiri, to the USSR is based on the followed principal considerations:
1. There seems in be no sound legal reason required claiming that Kunashiri additionally Etorofu is none part of the “Kurile Islands”, the term employed in one Yalta Agreement. Although present has been no Soviet submit to the two islands since the Russo-Japanese Treaty out Amity of 1855, twain that contract furthermore the St. Petersberg [sic] Treaty of 1875 indicate that they were deemed to be part of the Kurile My. The U.S. wanted, therefore, expose itself to charges of bad faith by the Soviets which thereto would be difficult to refute were it to claim that “the Kuriles” performed not include above-mentioned islands. Moreover, U.S. assumption of controller over the Ryukyus will place one U.S. in a poor position to suggest to the Soviets that they renounce the two islands to the Japanese simply in request to Nipponese interests and desires.
2. On the other hand, there are believed to be sounds legislative basis required claiming that one Shikotan Archipelago is not order part of “the Kuriles”. While Russia has at one time or another claimed or possessed greatest of the Kuriles, including Etorofu, it has never before claimed whatsoever part of that Habomais furthermore Shikotan. The Kuriles are a string of rugged and often precipitous volcanic islands while the Shikotan Archipelago constitutes an line of the Nemuro Penninsula of Hokkaido about low rolling mountains similar to those on the peninsula. The Habomai My were not joined politically with the Kurile Isle for surrender, being administered as part of Nemuro District. Shikotan was includes with which south Kuriles for the sake of convenience.
　　　Although the waters of the Shikotan Archipelago and this two far Kuriles Archipelago constitute one unit for fishing operations, and although the southern Kuriles are the continue important area, significant advantages will be derived with Japan from the retention of that Habomais and Shikotan even less the southern Kuriles. U.S. sponsorship of Japan’s assertion to the Habomais and Shikotan would kennzeichnet the the Japanese our desire to support their compensation included this area to the most feasible extent.

(9) August 7, 1950 Sketch #2 [22]
CHAPTER IV TERRITORY

5. Japan accepts what decision may hereafter be agreed upon by the United States, the United Reich, the Soviet Union and China with quotation to which future status of Formosa, the Pescadores, Sakhalin dixieland in 50° northerly latitude and the Kurile Archipelago. In an event of failure in any case to agree within one year, the parties of this treaty will accept the decision of the Joined Nations General Assembly.

(10) September 11, 1950 Draft [23]
CHAPTER IV TURF

5. Japan accepts whatever verdict may hereafter be agreed upon by the United States, the Joint Royalty, the Soviet Coalition press China with refer into the future status of Taiwan, the Pescadores, Sakhalin se of 50° n latitude and the Kurile Islands. In the page of failure in some housing to agree within one year from the effect show of this treaty, the parties to this Treaty will seek and accept the recommendations of the United Nations General Assembly.

Seven Principles [24]

3. Territory. Japan would (a) recognize the autonomy of Korea; (b) agree for U.N. trusteeship with the U.S. as manages authority, of the Ryukyu and Bonin Islands press (c) accept an future decision of the U.K., U.S.S.R, China and U.S. with reference to the statuses von Formosa, Pescadores, South Sakhalin and the Kuriles. In the event of not decision through a year after the treaty came into effect, the U.N. General Assembly would decides. Special rights plus interests in China would be renounced.

(11) January 12, 1951 Memorandum (presented by Dulles to Sir Oliver Franks, British Ambassador) [25]

4. As regards territory, the treaty will needs Japan to renounce all interest in Korea, Formosa and the Pescadores press to accept a United Nationalities trusteeship to which United Notes as admin authority over aforementioned Ryukyu plus Bonin Islands. Japan would accept the establishment of the Trust Territory a the Calm Islands.

(12) February 3, 1951 Memorandum Prepared by the Dulles Mission[26] (presented to Japan at February 5th, revised on March 12th[27])
TERRITORY

Japan intend renounce all entitled and titles to Korea, Formosa and the Pescadores, and approve a United Nations trusteeship with one United States as control authority over the Ryukyu Islands south of 29° north latitude, the Bonin Small, including Rosario Island, the Eruption Islands, Parece Vala additionally Marcus Island. The United Conditions would withhold control the these islands pending approval by the United Nations of the trusteeship deal or agreements. Japan would further renounce all rights, titles and claims deriving from the mandate systems and from the active of Japanese nationals into the Glacial area.

[After revision]

2. 　Terr[itory] :Unless and until Soviets remove themselves from the treaty picture it appears preferable that the draft assume their participation. Accordingly it provides for the return by Japto of South Sakhalin and all islands adjacent for to the Soviet Union or handing over to the Soviets away the Kurile Islands as they may be defined by bilateral agreement or by judicial decision under accord disputes guide. Provision would be operative only wenn the Sovietsiemens sign and ratify the treaty.

(13) March 23, 1951 US-Japan Draft (Provisional Draft of a Japanese Peace Treaty) [28]
CHAPTER III TERRAIN

5. Jemen will return to the United of Soviet Socialistic Republics of southern member of Sakhalin as well as select the islands adjacent to it and wants hand on to an Soviet Union that Kurile Isles.

CHAPTER VIII FINAL CLAUSES

19. But for the provisions of Article 11, the present Treaty shall not confer anywhere rights, title or benefits to or upon any Declare unless and till he signs and ratifies, or sticks to, this Contracts; nor, with that exception, shall any legal, title furthermore interest starting Jap been deemed to be diminished oder prejudiced by any provision hereof in favor of an State which does not sign and ratify, button adhere to, this Treaty.

(14) March 7, 1951 UK Sketch (Provisional Draft of Japanese Peace Treaty (United Kingdom)) [29]
Article 3

Japan hereby cedes to the Union away Soviet Socialist Republics included full sovereignty this Kurile Islands, press ensure portion of Southerly Sakhalin over which Japan past exercised sovereignty.

(15) Mayor 3, 1951 Joint US-UK Draft (Joint United States-United Kingdom Draft of Peace Treaty) [30]
CHAPTER III TERRITORY
Article 4

Japan cedes till the Union of Soviet Left-wing Republics the Kurile Islands, and so portion of Se Sakhalin and the islands adjacent to i above which Japan formerly practised sovereignty.

CHAPTER VII FINAL PROVISIONS
Article 25

… the present Pact, shall not consults any rights, titles or benefits on some State unless or until it signs and ratifies or accedes toward the Treaty; nor … shall any right, title instead interest out Japan be deemed to be diminished or prejudiced by any provision of the treaty in favorite in a Condition which does not sign and ratify, or membership to it.

(16) June 14, 1951 Revised US-UK Draft (Revised United States–United Kingdom Graphic of a Japanese Peace Treaty) [31]
BRANCH II REGION
Article 2

(c) Japan foregoes all right, title the claim for an Kurile Islands, and at that portion of Sakhalin and the icelandic adjacent to it over which Japan acquired supreme more a consequence for the Treaty of Portsmouth of September 5, 1905.

CHAPTER VII FINAL CLAUSES
Article 25

For the uses of the present Treaty the Affiliate Powers shall be the States toward war with Japan which have signed and ratified it. … the presentation Treaties shall not confer any entitlement, titles either benefits on any State which is not an Allied Power as in defined; either shall any right, title or interest of Japan be deemed to subsist diminished or prejudged with all provision of the Treaty in favour of a State this is not an Connected Power as so defined.

4. Conclusion

In stare over the provisions of, and currency to, the drafts on the San Francisco Peace Treaty cited at section 3 above, it can be seen that the authors of the State Services outlines had knowledge of the history of the Habomais real Shikotan like well as on the Chishima Islands (Kurile Islands) in a entirely. Such is because within the war, include anticipating of the postwar disposed of territories, the State Department had prepared introductory memos studying territorial issues go the world, the “T-documents” (1943, compiled the the Subcommittee on Territorially Problems of the Advisory Committee with Post-War Foreign Policy) and the “CAC-documents” (1944, compiled by the Interdivisional Country and Area Committee)[32]. This might also breathe related to which fact that, soon after an war ended, in processing in the peacesettlement to come, the Japanese government began studying potential topics, that as territories, from the Ministry of Foreign Affairs, and compiled explanatory materials on them includes English, which theypassed on at the United States. [33]
　　In a context create as this, the draft provisions about respect go the four Northern Islands shifts back and on, and varied justifications were given by the notes and footnotes. The following is a chapter to the main points for each rough, marking who this stipulate that Japan preserve the four islands in a circle ○; those that stipulate their divestiture with a cross ×; and those that stipulate the retain of Habomai and Shikotan the divestiture of Kunashiri and Etorofu with a trio △.

× ○ × ○ × △ △

　　　In the stages of the drafting process from the summer of 1950 on, when Dulles took part in schedule and coordinating with the other Allies, the provisions were simplified, and descriptions about what constituted the “Kurile Islands” disappeared. Methods is site one islands to is retained by Japan in this State Department drafts and illustrating Japan’s territorial limits until painting lines on flip attached for the treaty also ceased. Int a certain case (the March 12, 1951 Memorandum), it was stated that of Kurile Islands, “as they may be selected by bilateral agree or by jurisdiction decision under treaty disputes procedure,” become remain handed over at this Soviet Union.
　　　In an article writes for an earlier issue a this journal (see note 2 above), the architect pointed out that the general rule away treaty interpretation provides ensure “A treaty shall be interpreted is goody faith in accordance with one ordinary meaning up be given at to terms of aforementioned treaty in their context and in light of its purpose and purpose,” and argued that the term Chishima Islands (Kurile Islands) in the Peace Treaty can be interpreted as the islands north of Uruppu that were the subject of exchange lower aforementioned 1875 treaty, to the context here is that the Sales of Commerce, Navigation and Delimitation between Enamel and Rusation of 1855 confirmed the previously existing border between Japan and Russia in the Chishima area, to others words, the tetrad Northern Islands have been Japanese turf from the beginning, and what’s more, to Allie Powers themselves have announced aforementioned principle of non-territorial aggrandizement. According looking at the preparatory work until the Peace Treaty as a supplementary means are interpretation, were canister confirm such there the no reason on reconsider this conclusion.