Overeenkomst tot regeling van geschillen voortvloeiende uit de toepassing van de bepalingen van artikel 15, lid a, van het Vredesverdrag met Japan
(authentiek: en)
The Governments of the Allied Powers signatory to this Agreement and the Japanese Government desiring, in accordance with Article 22 of the Treaty of Peace with Japan signed at San Francisco on September 8, 1951, to establish procedures for the settlement of disputes concerning the interpretation and execution of Article 15 (a) of the Treaty have agreed as follows:
Article I
In any case where an application for the return of property, rights or interests has been filed in accordance with the provisions of Article 15 (a) of the Treaty of Peace, the Japanese Government shall within six months from the date of such application, inform the Government of the Allied Power of the action taken with respect to such application. In any case where a claim for compensation has been submitted by the Government of an Allied Power to the Government of Japan in accordance with the provisions of Article 15 (a ) of the Treaty and the Allied Powers Property Compensation Law (Japanese Law No. 264, 1951), the Japanese Government shall inform the Government of the Allied Power of its action with respect to such claim within eighteen months from the date of submission of the claim. If the Government of an Allied Power is not satisfied with the action taken by the Japanese Government with respect to an application for the return of property, rights, or interests, or with respect to a claim for compensation, the Government of the Allied Power, within six months after it has been advised by the Japanese Government of such action, may refer such claim or application for final determination to a commission appointed as hereinafter provided.
Article II
A commission for the purpose of this Agreement shall be appointed upon request to the Japanese Government made in writing by the Government of an Allied Power and shall be composed of three members; one, appointed by the Government of the Allied Power, one, appointed by the Japanese Government, and the third, appointed by mutual agreement of the two Governments. Each commission shall be known as the (name of the Allied Power concerned) - Japanese Property Commission.
Article III
The Japanese Government may appoint the same person to serve on two or more commissions; Provided, however, that if, in the opinion of the Government of the Allied Power, the service of the Japanese member on another commission or commissions unduly delays the work of the commission, the Japanese Government shall upon the request of the Government of the Allied Power appoint a new member. The Government of an Allied Power and the Japanese Government may agree to appoint as a third member, a person serving as a third member on other commissions; Provided, however, that if, in the opinion of either the Government of the Allied Power or the Japanese Government, the service of the third member on another commission or commissions unduly delays the work of the commission, either party may require that a new third member be appointed by agreement of the Government of the Allied Power and the Japanese Government.
Article IV
If the Japanese Government or the Government of the Allied Power fails to appoint a member within thirty days of the request referred to in Article II or, if the two Governments fail to agree on the appointment of a third member within ninety days of the request referred to in Article II, the Government which has already appointed a. member in the first case, and either the Government of the Allied Power or the Japanese Government in the second case may request the President of the International Court of Justice to appoint such member or members. Any vacancy which may occur in the membership of a commission shall be filled in the manner provided in Articles II and III.
Article V
Each commission created under this Agreement shall determine its own procedure, adopting rules conforming to justice and equity.
Article VI
Each Government shall pay the remuneration of the member appointed by it. If the Japanese Government fails to appoint a member, it shall pay the remuneration of the member appointed on its behalf. The remuneration of the third member of each commission and the expences of each commission shall be fixed by, and borne in equal shares by the Government of the Allied Power and the Japanese Government.
Article VII
The decision of the majority of the members of the commission shall be the decision of the commission, which shall be accepted as final and binding by the Government of the Allied Power and the Japanese Government.
Article VIII
This Agreement shall be open for signature by the government of any state which is a signatory to the Treaty of Peace. This Agreement shall come into force between the Government of an Allied Power and the Japanese Government upon the date of its signature by the Government of the Allied Power and the Japanese Government, or upon the date of the entry into force of the Treaty of Peace between the Allied Power whose Government is a signatory hereto and Japan, whichever is the later.
Article IX
This Agreement shall be deposited in the archives of the Government of the United States of America, which shall furnish each signatory government with a certified copy thereof.
IN WITNESS WHEREOF the undersigned, having been duly authorized, sign this Agreement on behalf of their respective Governments on the dates appearing opposite their signature.
DONE at Washington this twelfth day of June, 1952, in the English, French, Spanish, and Japanese languages, all being equally authentic.
Inhoudsopgave
Agreement for the Settlement of Disputes Arising Under Article 15 (a) of the Treaty of Peace with Japan
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
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