Jack B. Tate

“ You have requested the view of this Office concerning the propriety of redrafting the territorial clauses of the draft Japanese Peace Treaty so that Japanese territory will be defined, Japan will renounce all rights to all other territory to the Allied and Associated Powers who will be made in a separate instrument to be executed simultaneously with the Japanese treaty. ”

“ There is no rule of international law prescribing any single manner for the transfer or or cession of territory. Since territorial questions are often a threat to peaceful international relations, methods which result in an unequivocal settlement recognized by the nations of the world are desirable. ”

“ For this reason, the common manner of disposing of territories of a defeated enemy, when the recipient of the territory is agreed to by all concerned, is by cession in a treaty of peace (see, e.g., Italian Treaty of 1947, Arts. 6, 11, 14; Hungarian Treaty of 1947, Art. 1, Finnish Treaty of 1947, Art. 2) .
Where the recipient is not agreed to by all concerned, a power of disposition, limited or unlimited depending on particular circumstances, is often given by the defeated enemy in the treaty. ”