“Enemy State” Clauses of the United Nations Charter History Shall Not Be Altered with the Passing of Time, and Facts Not Erased by Crafty Denial
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View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Kwansei Gakuin University Repository 論文（Article） The Post-War International Order with Chinese Characteristics and the “Enemy State” Clauses of the United Nations Charter History shall not be altered with the passing of time, and facts not erased by crafty denial. Xi Jinping 鈴 木 英 輔 Eisuke Suzuki* China’s recent propaganda against Japan is not so much directed at the rest of the world as at the Chinese audience at home. The leadership of the Chinese Communist Party (CCP) needs to maintain the myth that the CCP defeated the Japanese Imperial Army to perpetuate the monop- oly of power by the CCP. The absence in China of freedoms of thought, expression, assembly and association, all prerequisite for democracy, allows the CCP leadership to train and mold Chinese people to the thought pattern designed by it. The CCP leadership keeps denouncing Japan’s past acts that took place before the post-war international order was established by the United Nations. It is too preoccupied with the ghost of Japanese “militarism” to appreciate the fundamental change of Japanese society that has taken place since 1945. To correct its own story of the bogeyman of Japanese militarism would threaten the “legitimacy” and “authority” of the CCP leadership that it has so carefully crafted, and the “enemy state” clauses of the UN Charter is a great help. In the name of “the realization of the Chinese dream of the great national renewal” as part of its efforts to maintain power, the CCP leadership has embarked on a fantastic campaign for territorial acquisition in the East China Sea and the South China Sea in complete disregard of the post-war international order. China is expected to conform to international law, an essential tool to mediate between different civilizations and cultures. Key Words : Post-war International Order, the United Nations Charter, “Enemy State” Clauses, the UN Convention on the Law of the Sea, Territorial Acquisition I. Introduction of which, he charges, “lies in Japan’s illegal seizure and occupation of China’s territory.” He calls it “a China’s recent propaganda campaigns against challenge to the outcome of the victory of the Second Japan are extraordinary. They have been carried World War.”1 out systematically and deliberately in concerted The core issue of these campaigns is about efforts by government agencies around the world. “post-war international order”. President Xi Jinping Foreign Minister Yang Jiechi remarked in March often remarked on “the outcome of the victory of 2013, “The current situation has been caused by the the Second World War and the post-war interna- Japanese side single-handedly,” regarding the tension tional order” in his numerous speeches in 2014.2 surrounding the Senkaku Islands, “the root cause” Ambassador Liu Jieyi to the United Nations also * Professor of Law, Ateneo Law School, Ateneo de Manila University, Manila, Philippines, who was Professor of Policy Studies, Kwansei Gakuin University School of Policy Studies, Kobe-Sanda, Japan, 2009-13. Formerly, he was, among others, Deputy General Counsel, 1994-2002, the Asian Development Bank. 1 “Japan urged not to escalate tensions over Diaoyu,” China Daily USA, 9 Mar. 2013; available at <http://usa.chinadaily.com.cn/china/2013-03/09/ content_16294322.htm> 2 For example, see President Xi’s speech at China International Friendship Conference, 15 May 2014; available at <http://en.cpaffc.org.cn/content/ details25-47426.html> 24 Journal of Policy Studies No.49 (March 2015) spoke of “the post war international order” created II. The U.N. Charter and the “Enemy State” by the United Nations Charter in his speech at the Clauses Security Council on 29 January 2014.3 All anti-Japan propaganda is tirelessly repeating The U.N. Charter came into the present form that Japan is attempting to “distort,” “deny,” “chal- through two different stages: it was based, first, lenge,” or “reverse” the world order established after on “Proposals for the Establishment of A General World War II, and so Chinese propaganda machinery International Organization” adopted at the 1944 appeals to the rest of the world that “the outcome of Dumbarton Oaks Conference in which the represen- the Second World War” and “the victory of the anti- tatives of the United States, the United Kingdom, fascism war” must be protected and safeguarded. the Soviet Union and the Republic of China Such appeal seems to be intended to remind the participated;6 and subsequently, the Dumbarton United States that China and the United States were Oaks Proposals went through rounds of discussions, allies in their war against Japan and woo the United negotiations, and revisions at the United Nations States to recognize China’s “major-country relation- Conference on International Organization, which ship with the United States.”4 was held between 25 April and 26 June 1945 and in These relentless Chinese attacks on Japan which 50 states participated7. It should be remem- bewilder us. Defeated at the war, we lost our pride bered that both the Dumbarton Oaks Proposals and and spirit as a nation, and have been resigned to the United Nations Charter were drafted and final- accept the U.S.-made Constitution that says “we have ized well before Japan surrendered. The United determined to preserve our security and existence, States, the United Kingdom and the Soviet Union trusting in the justice and faith of the peace-loving decided on post-war world power relations and peoples of the world.”5 Since then, being placed, in the basic structure of what was referred to as the effect, under the protectorate status of the United “World Organization” at the Yalta Conference held States that won the war, we are accustomed to being from 4 to 11 February 1945. These three states also subject to the authority and power of the United decided at Yalta who should be allowed to partici- States. In the meantime, we have supported the pate in the San Francisco conference that would United Nations by providing an enormous amount prepare a “Charter of the United Nations,” which of financial contributions in safeguarding and would, in turn, shape the structure of “the post-war promoting the post-war international order. international order.” Those states that were invited Given that, it seems what Chinese leadership to take part in the Conference were “(a) the United refers to as the “post-war international order” in the Nations as they existed on 8 Feb., 1945; and (b) propaganda and what Japanese understand it to be are Such of the Associated Nations as have declared two different things. What does China really mean war on the common enemy by 1 March, 1945.”8 It is by “post-war international order”? Let us consider it thus obvious that “the post-war international order” in some detail below. Ambassador Liu Jieyi referred to was the world order system designed by Four Big Powers. In fact, it was done, more precisely, by the United States, 3 Statement by Ambassador Liu Jieyi at the Security Council on 29 Jan. 2014; available at <http://www.china-un.org/eng/dbtxx/ambliu/activities/ t1130692.htm> 4 President Xi Jinping’s speech at “Five Principles of Peaceful Coexistence: Anniversary,” 8 June 2014; available at <https://www.google.co.uk/?gfe_ rd=cr&ei=nX66U63qFIvR8geiz4HoBQ&gws_rd=ssl#q=xi+jinping’s+remarks+on+Five+Principles+for+Peaceful+COEXISTENCE&spell=1>; and Remarks by President Obama and President Xi Jinping in Joint Press Conference, November 12, 2014; available at <http://www.whitehouse.gov/the- press-office/2014/11/12/remarks-president-obama-and-president-xi-jinping-joint-press-conference> 5 The Constitution of Japan, Preamble, available at <http://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html> 6 History of the United Nations: Dumbarton Oaks and Yalta; available at <http://www.dipublico.com.ar/instrumentos/163.html> and <http://www. dipublico.com.ar/instrumentos/163.html> 7 History of the United Nations: San Francisco Conference; available at <http://www.un.org/en/aboutun/history/sanfrancisco_conference.shtml> 8 PROTOCOL OF PROCEEDINGS OF CRIMEA CONFERENCE, section I, para. 2(a) & (b): “2. The nations to be invited to this conference should be: (a) the United Nations as they existed on 8 Feb., 1945; and (b) Such of the Associated Nations as have declared war on the common enemy by 1 March, 1945. (For this purpose, by the term “Associated Nations” was meant the eight Associated Nations and Turkey.) When the conference on world organization is held, the delegates of the United Kingdom and United State of America will support a proposal to admit to original membership two Soviet Socialist Republics, i.e., the Ukraine and White Russia.” <http://avalon.law.yale.edu/wwii/yalta.asp>. 25 E.Suzuki, The Post-War International Order with Chinese Characteristics and the “Enemy State” Clauses of the United Nations Charter the United Kingdom, and the Soviet Union since the With respect to the third principle, a certain participation of the Republic of China was marginal change was introduced at the Yalta Conference. and perfunctory without any effective contribution to The Protocol of Proceedings of Crimea Conference the Proposals.9 Moreover, the Republic of China was provides: “This is a principle of the Atlantic absent from the Yalta Conference in February 1945, Charter-the right of all peoples to choose the form which was the most important conference of all. The of government under which they live-the restora- Charter of the United Nations was thus finalized tion of sovereign rights and self-government to those and signed on 6 June 1945 by all those states that peoples who have been forcibly deprived of them declared war on the Axis powers.10 by the aggressor nations.”14 By inserting the new Article 4(1) of the U.N.