Qualitative Alleviation of War Reparations in Jus Post Bellum: Analysis of Travaux Préparatoires of Article 16 of the Treaty of Peace with Japan

Abstract

As a case study contributing to empirical and inductive specifications of the jus post bellum principle for reparations, the author conducts an analysis of a provision of the Treaty of Peace with Japan that mandates that Japan make reparations from attached Japanese assets in neutral and ex-Axis countries to compensate the Allied prisoners of war. This study’s findings elucidate the legal significance of the provision that war reparations can be qualitatively alleviated by virtue of substituting assets for pecuniary reparations, hence presenting inductive substantiation for implementing the jus post bellum principle for reparations.

Keywords: Post-war Peacebuilding, Jus Post Bellum, Treaty of Peace with Japan, War Reparations