ARTICLE II The Parties will consult together whenever, in the opinion of either of them, the political independence or security of either of the Parties is threatened by external armed attack. Separately and jointly, by self help and mutual aid, the Parties will maintain and develop appropriate means to deter armed attack and will take suitable measures in consultation and agreement to implement this Treaty and to further its purposes. ARTICLE III Each Party recognizes that an armed attack in the Pacific area on either of the Parties in territories now under their respective administrative control, or hereafter recognized by one of the Parties as lawfully brought under the administrative control of the other, would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes. ARTICLE IV The Republic of Korea grants, and the United States of America accepts, the right to dispose United States land, air and sea forces in and about the territory of the Republic of Korea as determined by mutual agreement. ARTICLE V This Treaty shall be ratified by the United States of America and the Republic of Korea in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them at Washington. ARTICLE VI This Treaty shall remain in force indefinitely. Either Party may terminate it one year after notice has been given to the other Party. IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty. DONE in duplicate at Washington, in the English and Korean languages, this first day of October 1953. [Here follows a list of the plenipotentiaries.] 172. MUTUAL DEFENSE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF CHINA, DECEMBER 2, 19541 The Parties to this Treaty, Reaffirming their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all Governments, and desiring to strengthen the fabric of peace in the West Pacific Area, Recalling with mutual pride the relationship which brought their two people together in a common bond of sympathy and U. S. Congress. Senate. Mutual Defense Treaty with the Republic of China, Executive Report No. 2, February 1955. mutual ideals to fight side by side against imperialist aggression during the last war, Desiring to declare publicly and formally their sense of unity and their common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the West Pacific Area, and Desiring further to strengthen their present efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive system of regional security in the West Pacific Area, Have agreed as follows: ARTICLE I The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace, security and justice are not endangered and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations. ARTICLE II In order more effectively to achieve the objective of this Treaty, the Parties separately and jointly by self-help and mutual aid will maintain and develop their individual and collective capacity to resist. armed attack and communist subversive activities directed from without against their territorial integrity and political stability. ARTICLE III The Parties undertake to strengthen their free institutions and to cooperate with each other in the development of economic progress and social well-being and to further their individual and collective efforts toward these ends. ARTICLE IV The Parties, through their Foreign Ministers or their deputies, will consult together from time to time regarding the implementation of this Treaty. ARTICLE V Each Party recognizes that an armed attack in the West Pacific Area directed against the territories of either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security. 73652-56- -40 ARTICLE VI For the purposes of Articles II and V, the terms "territorial" and "territories" shall mean in respect of the Republic of China, Taiwan and the Pescadores; and in respect of the United States of America, the island territories in the West Pacific under its jurisdiction. The provisions of Articles II and V will be applicable to such other territories as may be determined by mutual agreement. ARTICLE VII The Government of the Republic of China grants, and the Government of the United States of America accepts, the right to dispose such United States land, air and sea forces in and about Taiwan and the Pescadores as may be required for their defense, as determined by mutual agreement. ARTICLE VIII This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security. ARTICLE IX This Treaty shall be ratified by the United States of America and the Republic of China in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them at Taipei. ARTICLE X This Treaty shall remain in force indefinitely. Either Party may terminate it one year after notice has been given to the other Party. IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty. DONE in duplicate, in the English and Chinese languages, at Washington on this second day of December of the Year One Thousand Nine Hundred and Fifty-four, corresponding to the second day of the twelfth month of the Forty-third year of the Republic of China. [Here follows a list of the plenipotentiaries.] 173. EXCHANGE OF NOTES BETWEEN UNITED STATES SECRETARY OF STATE (DULLES) AND THE FOREIGN MINISTER OF THE REPUBLIC OF CHINA (YEH), DECEMBER 10, 1954 1 His Excellency GEORGE K. C. YEH, DEPARTMENT OF STATE, Washington, December 10, 1954. Minister of Foreign Affairs of the Republic of China. EXCELLENCY: I have the honor to refer to recent conversations between representatives of our two Governments and to confirm the understandings reached as a result of those conversations, as follows: 1 U. S. Congress. Senate. Executive Report No. 2, February 1955, p. 10. The Republic of China effectively controls both the territory described in Article VI of the Treaty of Mutual Defense between the Republic of China and the United States of America signed on December 2, 1954, at Washington and other territory. It possesses with respect to all territory now and hereafter under its control the inherent right of self-defense. In view of the obligations of the two Parties under the said Treaty, and of the fact that the use of force from either of these areas by either of the Parties affects the other, it is agreed that such use of force will be a matter of joint agreement, subject to action of an emergency character which is clearly an exercise of the inherent right of selfdefense. Military elements which are a product of joint effort and contribution by the two Parties will not be removed from the territories described in Article VI to a degree which would substantially diminish the defensibility of such territories without mutual agreement. Accept, Excellency, the assurances of my highest consideration. /s/ JOHN FOSTER DULLES, Secretary of State of the United States of America. His Excellency JOHN FOSTER DULLES, DECEMBER 10, 1954. Secretary of State of the United States of America. EXCELLENCY: I have the honor to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows: [Here follows the above note.] I have the honor to confirm, on behalf of my Government, the understanding set forth in Your Excellency's Note under reply. I avail myself of this opportunity to convey to Your Excellency the assurances of my highest consideration. GEORGE K. C. YEH, Minister for Foreign Affairs of the Republic of China. 174. SOUTHEAST ASIA COLLECTIVE DEFENSE TREATY, SEPTEMBER 8, The Parties to this Treaty, 1954 1 Recognizing the sovereign equality of all the Parties, Reiterating their faith in the purposes and principles set forth in the Charter of the United Nations and their desire to live in peace with all peoples and all governments, Reaffirming that, in accordance with the Charter of the United Nations, they uphold the principle of equal rights and self-determination of peoples, and declaring that they will earnestly strive by every peaceful means to promote self-government and to secure the independence of all countries whose peoples desire it and are able to undertake its responsibilities, Desiring to strengthen the fabric of peace and freedom and to uphold the principles of democracy, individual liberty and the rule of JU. S. Congress. Senate. The Southeast Asia Collective Defense Treaty and the Protocol Thereto. Executive K, 83d Congress, 2d session, Nov. 10, 1954. law, and to promote the economic well-being and development of all peoples in the treaty area, Intending to declare publicly and formally their sense of unity, so that any potential aggressor will appreciate that the Parties stand together in the area, and Desiring further to coordinate their efforts for collective defense for the preservation of peace and security, Therefore agree as follows: ARTICLE I The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations. ARTICLE II In order more effectively to achieve the objectives of this Treaty the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack and to prevent and counter subversive activities directed from without against their territorial integrity and political stability. ARTICLE III The Parties undertake to strengthen their free institutions and to cooperate with one another in the further development of economic measures, including technical assistance, designed both to promote economic progress and social well-being and to further the individual and collective efforts of governments toward these ends. ARTICLE IV 1. Each Party recognizes that aggression by means of armed attack in the treaty area against any of the Parties or against any State or territory which the Parties by unanimous agreement may hereafter designate, would endanger its own peace and safety, and agrees that it will in that event act to meet the common danger in accordance with its constitutional processes. Measures taken under this paragraph shall be immediately reported to the Security Council of the United Nations. 2. If, in the opinion of any of the Parties, the inviolability or the integrity of the territory or the sovereignty or political independence of any Party in the treaty area or of any other State or territory to which the provisions of paragraph 1 of this Artic m time to time apply is threatened in any way other than byd attack or is affected or threatened by any fact or situation the peace of the area, the Parties shall consul agree on the measures which should be taken 3. It is understood that no action on designated by unanimous agreement unde |