Australia Japan 1952 Peace - 1957 Commerce

The central objective of the Australian Labour Government's post war foreign and defence policies with regard to Japan was to secure a place and a say in the peace settlement with Japan. To this end Australian Governments had contributed and maintained a sizeable military presence in Japan. when the Labour government was defeated at the polls in December 1949 this objective remained unchanged and unrealized, although other aspects of the Australian contribution had been subject to substantial variation.

The incoming Liberal/Country Party Government, led by Mr RG Menzies was to sign a Peace Treaty with Japan on the 8 September 1951 when a Treaty of Peace with Japan was signed at San Francisco by the Australian Minister for External Affairs Mr P.C. Spender in company with the other signators. Under Article 1 'The state of war between Japan and each of the Allied Powers is terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned, as provided for in Article 23'. Under Article 23 'instruments of ratification' by Japan and 'by a majority' which included Australia were required, the Treaty coming into force in each State which subsequently ratified it on the date of ratification, with certain time limits applicable.

The date of Deposit for Australia's ratification was 10 April 1952 and the Treaty came into force on 28 April 1952. The Australian occupation and new arrangements between Australia and Japan concerning the stationing of Australian troops in Japan came into force. Although hostilities between Japan and the Allied Powers had ceased on 15 August 1945 the state of war between Australia and Japan was not terminated legally until 28 April 1952.

Agreement On Commerce Between The Commonwealth Of Australia And Japan: Published Letters And Agreed Minutes
6th July, 1957

The Rt. Hon. J. McEwen,
Minister for Trade
Your Excellency,
With reference to the Agreement on Commerce between Japan and the Commonwealth of Australia signed today, I have the honour to inform your Excellency that the most-favoured-nation provisions of the said Agreement shall not apply to advantages which are accorded or which may be accorded hereafter by Japan to such areas as are set forth in Article 3 of the Treaty of Peace with Japan signed at the city of San Francisco on September 8, 1951, so long as the situation set forth in the second sentence of the said Article continues with respect to the administration, legislation and jurisdiction over those areas. I have further the honour to request your Excellency to be good enough to confirm the foregoing understanding on behalf of your Government.
I avail myself, Excellency, of this opportunity to renew
assurances of my highest consideration.
Minister for Foreign Affairs
6th July, 1957