19. NEED FOR EARLY RATIFICATION The President transmitted the treaty and protocol to the Senate on November 10, 1954, with a request for "early and favorable consideration." At a hearing held on November 11, Secretary of State Dulles stressed the uncertainties in the treaty area and suggested that early approval by the Senate might be expected to promote stability in the region concerned. The need for prompt ratification remains urgent. On January 3, 1955, the Department of State announced that the Foreign Ministers of the Southeast Asia Collective Defense Treaty powers had agreed to meet on February 23 in Bangkok at the invitation of the Government of Thailand. The announcement stated that- The purpose of the meeting will be to consider arrangements for the imple mentation of the Manila Treaty and to exchange views on matters affecting the peace and security of the treaty area.1 Although the proposed meeting need not await the entry into force of the treaty it would be helpful if all signatories had ratified by that time. The chances for this are good. Thailand has deposited its ratification and the United Kingdom, Australia and New Zealand have completed parliamentary action but not yet consummated the formalities of ratification. In France and Pakistan, parliamentary action is not expected to be necessary. The Republic of the Philippines expects to consider the treaty shortly after its Congress reconvenes on January 24. More important than the technical desirability of bringing the treaty into force by the February 23 meeting would be the psychological impact of prompt action. It would demonstrate to the nations of South Asia the seriousness of our purposes and intentions. Such a show of unity would also buttress the conviction of the treaty powers that they can work harmoniously together on problems affecting the Southeast Asia area. The general exposure of the area to the threat of communism, both internal and external, makes it doubly important and urgent that we and our partners to this treaty discuss measures for giving early effect to its provisions. 20. CONCLUSIONS It is the committee's view that the Manila pact constitutes a considerable accomplishment in bringing together a group of eight countries of divergent religious, racial and political backgrounds, in a common resolve to defend their freedom against the menace of international communism. By strengthening that resolve the United States will make a substantial contribution to the preservation of free governments and to the defense of its own security. The principle underlying this treaty is that advance notice of our intentions and the intentions of the nations associated with us may 1 Department of State Bulletin, Jan. 17, 1955, pp. 89–90. serve to deter potential aggressors from reckless action that could plunge the Pacific into war. To that end, the treaty makes it clear that the United States will not remain indifferent to conduct threatening the peace of Southeast Asia. Until now, our protective system in the Pacific area has been predicated upon a group of treaties of a bilateral and trilateral character. The Southeast Asia treaty is a long step toward a more comprehensive, collective security arrangement which has been regarded as desirable by the administration and the committee. The committee is not impervious to the risks which this treaty entails. It fully appreciates that acceptance of these additional obligations commits the United States to a course of action over a vast expanse of the Pacific. Yet these risks are consistent with our own highest interests. There are greater hazards in not advising a potential enemy of what he can expect of us, and in failing to disabuse him of assumptions which might lead to a miscalculation of our intentions. For these reasons, the Committee on Foreign Relations urges the Senate to give its advice and consent to the ratification of this treaty. Mutual Defense Treaty Between the United States and the Republic of China 1 34. TEXT OF TREATY, DECEMBER 2, 1954 1 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 peoples together in a common bond of sympathy and 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 de TIAS 3178; 6 UST 433-438. Ratification advised by the Senate Feb. 9, 1955; ratified by the President Feb. 11, 1955; entered into force Mar. 3, 1955. velopment 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. 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. 35. EXCHANGE OF NOTES BETWEEN THE SECRETARY OF (A) The Secretary of State to the Chinese Minister of Foreign Affairs I have the honor to refer to recent conversations between representa- The Republic of China effectively controls both the territory 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 self-defense. 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. JOHN FOSTER DULLES United States of America His Excellency GEORGE K. C. YEH, Minister of Foreign Affairs of (B) The Chinese Minister of Foreign Affairs to the Secretary of State EXCELLENCY: I have the honor to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows: "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: "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 self-defense. 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." |