Database
on Basic Documents of Japan-ASEAN Relations
Department of
Advanced Social and International Studies,
Treaty of Amity and Cooperation in
PREAMBLE
The High Contracting Parties:
CONSCIOUS of the existing ties of history, geography and culture, which
have bound their peoples together;
ANXIOUS to promote regional peace and stability through abiding respect
for justice and the rule or law and enhancing regional resilience in their
relations;
DESIRING to enhance peace, friendship and mutual cooperation on matters
affecting Southeast Asia consistent with the spirit and principles of the
Charter of the United Nations, the Ten Principles adopted by the Asian-African
Conference in Bandung on 25 April 1955, the
Declaration of the Association of Southeast Asian Nations signed in Bangkok on
8 August 1967, and the Declaration signed in Kuala Lumpur on 27 November 1971;
CONVINCED that the settlement of differences or disputes between their
countries should be regulated by rational, effective and sufficiently flexible
procedures, avoiding negative attitudes which might endanger or
hinder cooperation;
BELIEVING in the need for cooperation with all peace-loving nations, both
within and outside
SOLEMNLY AGREE to enter into a Treaty of Amity and Cooperation as
follows:
CHAPTER I : Purpose and Principles
Article 1
The purpose of this Treaty is to promote perpetual peace, everlasting
amity and cooperation among their peoples which would contribute to their
strength, solidarity and closer relationship,
Article 2
In their relations with one another, the High Contracting Parties shall
be guided by the following fundamental principles :
a. Mutual respect for the independence, sovereignty, equality,
territorial integrity and national identity of all nations;
b. The right of every State to lead its national existence free from
external interference, subversion or coercion;
c. Non-interference in the internal affairs of one another;
d. Settlement of differences or disputes by peaceful means;
e. Renunciation of the threat or use of force;
f. Effective cooperation among themselves.
CHAPTER II : Amity
Article 3
In pursuance of the purpose of this Treaty the High Contracting Parties
shall endeavour to develop and strengthen the
traditional, cultural and historical ties of friendship, good neighbourliness and cooperation which bind them together
and shall fulfill in good faith the obligations assumed under this Treaty. In
order to promote closer understanding among them, the High Contracting Parties
shall encourage and facilitate contact and intercourse among their peoples.
CHAPTER III : Cooperation
Article 4
The High Contracting Parties shall promote active cooperation in the
economic, social, technical, scientific and administrative fields as well as in
matters of common ideals and aspiration of international peace and stability in
the region and all other matters of common interest.
Article 5
Pursuant to Article 4 the High Contracting Parties shall exert their
maximum efforts multilaterally as well as bilaterally on the basis of equality,
non-discrimination and mutual benefit.
Article 6
The High Contracting Parties shall collaborate for the acceleration of
the economic growth in the region in order to strengthen the foundation for a
prosperous and peaceful community of nations in
Article 7
The High Contracting Parties, in order to achieve social justice and to
raise the standards of living of the peoples of the region, shall intensify
economic cooperation. For this purpose, they shall adopt appropriate regional
strategies for economic development and mutual assistance.
Article 8
The High Contracting Parties shall strive to achieve the closest
cooperation on the widest scale and shall seek to provide assistance to one
another in the form of training and research facilities in the social,
cultural, technical, scientific and administrative fields.
Article 9
The High Contracting Parties shall endeavour to
foster cooperation in the furtherance of the cause of peace, harmony, and
stability in the region. To this end, the High Contracting Parties shall
maintain regular contacts and consultations with one another on international
and regional matters with a view to coordinating their views, actions and
policies.
Article 10
Each High Contracting Party shall not in any manner of form participate
in any activity which shall constitute a threat to the political and economic stability,
sovereignty, or territorial integrity of another High Contracting Party.
Article 11
The High Contracting Parties shall endeavour to
strengthen their respective national resilience in their political, economic,
socio-cultural as well as security fields in conformity with their respective
ideals and aspirations, free from external interference as well as internal
subversive activities in order to preserve their respective national
identities.
Article
12
The High Contracting Parties in their efforts to achieve regional
prosperity and security, shall endeavour to cooperate
in all fields for the promotion of regional resilience, based on the principles
of self-confidence, self-reliance, mutual respect, cooperation and solidarity
which will constitute the foundation for a strong and viable community of
nations in Southeast Asia.
CHAPTER IV : Pacific Settlement of Disputes
Article 13
The High Contracting Parties shall have the determination and good faith
to prevent disputes from arising. In case disputes on matters directly
affecting them shall refrain from the threat or use of force and shall at all
times settle such disputes among themselves through friendly negotiations.
Article 14
To settle disputes through regional processes, the High Contracting
Parties shall constitute, as a continuing body, a High Council comprising a
Representative at ministerial level from each of the High Contracting Parties
to take cognizance of the existence of disputes or situations likely to disturb
regional peace and harmony.
Article 15
In the event no solution is reached through direct negotiations, the High
Council shall take cognizance of the dispute or the situation and shall
recommend to the parties in dispute appropriate means of settlement such as
good offices, mediation, inquiry or conciliation. The High Council may however
offer its good offices, or upon agreement of the parties in dispute, constitute
itself into a committee of mediation, inquiry or conciliation. When deemed
necessary, the High Council shall recommend appropriate measures for the
prevention of a deterioration of the dispute or the
situation.
Article 16
The foregoing provision of this Chapter shall not apply to a dispute
unless all the parties to the dispute agree to their application to that
dispute. However, this shall not preclude the other High Contracting Parties
not party to the dispute from offering all possible assistance to settle the
said dispute. Parties to the dispute should be well disposed towards such
offers of assistance.
Article
17
Nothing in this Treaty shall preclude recourse to the modes of peaceful
settlement contained in Article 33(l) of the Charter of the United Nations. The
High Contracting Parties which are parties to a dispute should be encouraged to
take initiatives to solve it by friendly negotiations before resorting to the
other procedures provided for in the Charter of the United Nations.
CHAPTER V : General Provision
Article 18
This Treaty shall be signed by the
It shall be open for accession by other States in
Article 19
This Treaty shall enter into force on the date of the deposit of the
fifth instrument of ratification with the Governments of the signatory States
which are designated Depositories of this Treaty and of the instruments of
ratification or accession.
Article 20
This Treaty is drawn up in the official languages of the High Contracting
Parties, all of which are equally authoritative. There shall be an agreed
common translation of the texts in the English language. Any divergent
interpretation of the common text shall be settled by negotiation.
IN FAITH THEREOF the High Contracting Parties have signed the Treaty and
have hereto affixed their Seals.
DONE at Denpasar,
For the
SOEHARTO
President
For
DATUK HUSSEIN ONN
Prime Minister
For the Repubic of the
FERDINAND E.MARCOS
President
For the
LEE KUAN YEW
Prime Minister
For the
KUKRIT PRAMOJ
Prime Minister