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this: cessions of certain territories to Greece, France and Yugoslavia were made, and a power of disposition to the Big Four (US, UK, USSR, France), or failing their agreement to the General Assembly, in the case of the Italian Colonies, whose disposition could not be agreed in the Peace Conference.
If this usual practice is not followed, a second document making the intended territorial disposition would be necessary. Since territorial dispositions are generally matters of considerable importance to the various nations concerned, most nations would doubtless desire that the disposing document be of the same dignity, namely, a treaty. Hence, two documents would need to be ratified. Where the intended recipient is agreed upon, and no important matters call for outside action, it would be a matter of some difficulty to explain to other nations the necessity for the departure from practice, unless a substantial reason appeared. It is our understanding that the reason advanced for separate documents in the case of cession of Japanese territory is that the absence of "cession to" clauses in the Treaty of Peace will be of psychological benefit to Japan. While the assessment of such a rationale is not the function of this Office, it would appear to be difficult to appreciate since the territory will in any event be lost—in two documents instead of one.
In the event that a decision is taken to use two documents, there are certain drafting changes which you have submitted. This Office will be glad to cooperate in such drafting.
L:L/E:SDMetsger:hms
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