Re:◎各種條約全文之收集與瞭解
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| Re:◎各種條約全文之收集與瞭解 | |
1952.04.28《日華和約》- 英文 http://www.ioc.u-tokyo.ac.jp/~worldjpn/documents/texts/docs/19520428.T1E.html 註：以下包含 －－－－－－－－－－－－－－－ [Title] Treaty of Peace Between Japan and the Republic of China [Date] 1952/04/28 [Full text]
The Government of Japan:
(b) Japan and the Republic of China will cooperate in accordance with the principles of the Charter of the United Nations and, in particular, will promote their common welfare through friendly cooperation in the economic field.
DONE in duplicate at Taipei, this Twenty Eighth day of the Fourth month of the Twenty Seventh year of Showa of Japan corresponding to the Twenty Eighth day of the Fourth month of the Forty First year of the Republic of China and to the Twenty Eighth day of April in the year One Thousand Nine Hundred and Fifty Two. FOR JAPAN: FOR THE REPUBLIC OF CHINA: Protocol Signed at Taipei, April 28, 1952 At the moment of signing this day the Treaty of Peace between Japan and the Republic of China (hereinafter referred to as the present Treaty), the undersigned Plenipotentiaries have agreed upon the following terms which shall constitute an integral part of the present Treaty: 1. The application of Article XI of the present Treaty shall be subject to the following understandings: (a) Wherever a period is stipulated in the San Francisco Treaty during which Japan assumes an obligation or undertaking, such period shall, in respect of any part of the territories of the Republic of China, commence immediately when the present Treaty becomes applicable to such part of the territories. (b) As a sign of magnanimity and good will towards the Japanese people, the Republic of China voluntarily waives the benefit of the services to be made available by Japan pursuant to Article 14 (a) 1 of the San Francisco Treaty. (c) Articles 11 and 18 of the San Francisco Treaty shall be excluded from the operation of Article XI of the present Treaty. 2. The commerce and navigation between Japan and the Republic of China shall be governed by the following Arrangements: (a) Each Party will mutually accord to nationals, products and vessels of the other Party: (i) Most-favored-nation treatment with respect to customs duties, charges, restrictions and other regulations on or in connection with the importation and exportation of goods; and (ii) Most-favored-nation treatment with respect to shipping, navigation and imported goods, and with respect to natural and juridical, persons and their interests - such treatment to include all matters pertaining to the levying and collection of taxes, access to the courts, the making and performance of contracts, rights to property (including those relating to intangible property and excluding those with respect to mining), participation in juridical entities, and generally the conduct of all kinds of business and professional activities with the exception of financial (including insurance) activities and those reserved by either Party exclusively to its nationals. (b) Whenever the grant of most-favored-nation treatment by either Party to the other Party, concerning rights to property, participation in juridical entities and conduct of business and professional activities, as specified in sub-paragraph (a) (ii) of this paragraph, amounts in effect to the grant of national treatment, such Party shall not be obligated to grant more favorable treatment than that granted by the other Party under most-favored-nation treatment. (c) External purchases and sales of government trading enterprises shall be based solely on commercial considerations. (d) In the application of the present Arrangements, it is understood (i) that vessels of the Republic of China shall be deemed to include all those registered under the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores); and products of the Republic of China shall be deemed to include all those originating in Taiwan (Formosa) and Penghu (the Pescadores); and (ii) that a discriminatory measure shall not be considered to derogate from the grant of treatments prescribed above, if such measure is based on an exception customarily provided for in the commercial treaties of the Party applying it, or on the need to safeguard that Patys external financial position or balance of payments (except in respect to shipping and navigation), or on the need to maintain its essential security interests, and provided such measure is proportionate to the circumstances and not applied in an arbitrary or unreasonable manner. The Arrangements set forth in this paragraph shall remain in force for a period of one year as from the date on which the present Treaty enters into force. DONE in duplicate at Taipei, this Twenty Eighth day of the Fourth month of the Twenty Seventh year of Showa of Japan corresponding to the Twenty Eighth day of the Fourth month of the Forty First year of the Republic of China and to the Twenty Eighth day of April in the year One Thousand Nine Hundred and Fifty Two. (Isao Kawada) (Yeh Kung Chao) PROTOCOL (PROTOCOL CONCERNING PROLONGATION OF THE EFFECTIVE PERIOD OF PARAGRAPH 2 OF THE PROTOCOL ANNEXED TO THE TREATY OF PEACE BETWEEN JAPAN AND THE REPUBLIC OF CHINA) Signed at Tokyo, July 18, 1953 WHEREAS there still remains to be concluded a treaty or agreement concerning trading, maritime and other commercial relations as referred to in Article VII of the Treaty of Peace between Japan and the Republic of China, signed at Taipei on April 28, 1952 (hereinafter referred to as the Peace Treaty); and THEREFORE, the Government of Japan and the Government of the Republic of China have agreed upon the following terms: 1. The term of duration of the above-mentioned Arrangement shall be extended until the expiration of a period of two years as from August 5, 1953, or until the conclusion between the two Parties of a treaty or agreement concerning trading, maritime and other commercial relations, whichever is the earlier. 2. The present protocol shall enter into force upon an exchange of notes between the two Parties, indication that each Party has completed such procedures for putting into effect the Protocol as may be necessary under its own law. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Protocol. Done in duplicate in the Japanese, Chinese and English languages at Tokyo, this Eighteenth day of the Seventh responding to the Eighth year of Showa of Japan corresponding to the Eighteenth day of the Seventh month of the Forty Second year of the Republic of China and to the Eighteenth day of July in the year One Thousand Nine Hundred and Fifty Three. For Japan: For the Republic of China: PROTOCOL (PROTOCOL CONCERNING PROLONGATION OF THE EFFECTIVE PERIOD OF PARAGRAPH 2 OF THE PROTOCOL ANNEXED TO THE TREATY OF PEACE BETWEEN JAPAN AND THE REPUBLIC OF CHINA) Signed at Tokyo, July 2, 1955 WHEREAS there still remains to be concluded a treaty or agreement concerning trading, maritime and other commercial relations as referred to in Article VII of the Treaty of Peace between Japan and Republic of China, signed at Taipei on April 28, 1952 (hereinafter referred to as the Peace Treaty); and WHEREAS the term of duration, as extended by the Protocol signed at Tokyo on July 18, 1953, of the Arrangements concerning commerce and navigation set forth in paragraph 2 of the Protocol, which constitutes an integral part of the Peace Treaty, expires on August 4, 1955; THEREFORE, the Government of Japan and the Government of the Republic of China have agreed upon the following terms; 1. The term of duration of the above-mentioned Arrangements shall be extended until the expiration of a period of one year as from August 5, 1955, and, should neither Party notify the other, three months prior to its expiration, of the intention to bring it to an end, it shall be extended until the expiration of another period of one year and so on. However, the Arrangements shall cease to be effective upon the conclusion between the two Parties of a treaty or agreement concerning trading, maritime and other commercial relations. 2. The present Protocol shall enter into force upon an exchange of notes between the two Parties, indicating that each Party has completed such procedures for putting into effect the Protocol as may be necessary under its own law. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Protocol. DONE in duplicate in the Japanese, Chinese and English languages at Tokyo, this Second day of the Seventh month of the Thirtieth year of Showa of Japan corresponding to the Second day of the Seventh month of the Forty Fourth year of the Republic of China and to the Second day of July in the year One Thousand Nine Hundred and Fifty Five. For Japan: For the Republic of China: Exchange of Notes Dated at Taipei, April 28, 1952 No. 1. Excellency, In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the understanding reached between us that the terms of the present Treaty shall, in respect of the Republic of China, be applicable to all the territories which are now, or which may hereafter be, under the control of its Government. I shall be appreciative, if you will confirm the understanding set forth above. I avail myself of this opportunity to convey to Your Excellency the assurance of my highest consideration. (Isao Kawada) His Excellency Monsieur Yeh Kung Chao, Exchange of Notes No. 1. Excellency, In connection with the Treaty of Peace between the Republic of China and Japan signed this day, I have the honor to acknowledge receipt of Your Excellencys Note of to-days date reading as follows: In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the understanding reached between us that the terms of the present Treaty shall, in respect of the Republic of China, be applicable to all the territories which are now, or which may hereafter be, under the control of its Government. I shall be appreciative, if you will confirm the understanding set forth above. I have the honor to confirm, on behalf of my Governmnent{sic}, the understanding set forth in Your Excellencys Note under reply. I avail myself of this opportunity to convey to Your Excellency the assurance of my highest consideration. (Yeh Kung Chao) His Excellency Mr. Isao Kawada, Exchange of Notes No. 2. Excellency, I have the honor to state that it is the understanding of my Government that pending the conclusion of the agreement envisaged in Article VIII of the Treaty of Peace between the Republic of China and Japan signed this day, the relevant provisions of the San Francisco Treaty shall apply. I have the honor to request that Your Excellency will be so good as to confirm that this is also the understanding of the Government of Japan. I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration. (Yeh Kung Chao) His Excellency Mr. Isao Kawada, Exchange of Notes No. 2. Excellency, In connection with the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to acknowledge receipt of Your Excellencys Note of to-days date reading as follows: I have the honor to state that it is the understanding of my Government that pending the conclusion of the agreement envisaged in Article VIII of the Treaty of Peace between the Republic of China and Japan signed this day, the relevant provisions of the San Francisco Treaty shall apply. I have the honor to request that Your Excellency will be so good as to confirm that this is also the understanding of the Government of Japan. I have the honor to confirm that this is also the understanding of the Government of Japan. I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration. (Isao Kawada) His Excellency Monsieur Yeh Kung Chao, Exchange of Notes Taipei, April 28, 1952. Excellency, In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the claims of Japan concerning her fishing vessels captured or seized by the authorities of the Republic of China after the date of September 2, 1945. As these claims had formed a subject of negotiation between the SCAP and the Government of Japan on the one hand and the Government of the Republic of China on the other before the San Francisco Treaty was concluded, it is proposed that such negotiation be continued and that these claims be settled without any reference to the relevant provisions of the Treaty of Peace between Japan and the Republic of China signed this day. I shall be appreciative, if you will, on behalf of the Government of the Republic of China, signify your acceptance of the proposal set forth above. I avail myself of this opportunity to convey to Your Excellency the assurance of my highest consideration. (Isao Kawada) His Excellency Monsieur Yeh Kung Chao. Exchange of Notes Taipei, April 28, 1952. Excellency, In connection with the Treaty of Peace between the Republic of China and Japan signed this day, I have the honor to acknowledge receipt of Your Excellencys Note of to-days date reading as follows: In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the claims of Japan concerning her fishing vessels captured or seized by the authorities of the Republic of China after the date of September 2, 1945. As these claims had formed a subject of negotiation between the SCAP and the Government of Japan on the one hand and the Government of the Republic of China on the other before the San Francisco Treaty was concluded, it is proposed that such negotiation be continued and that these claims be settled without any reference to the relevant provisions of the Treaty of Peace between Japan and the Republic of China signed this day. I shall be appreciative, if you will, on behalf of the Government of the Republic of China, signify you acceptance of the proposal set forth above. I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration. (Yeh Kung Chao) His Excellency Mr. Isao Kawada, Agreed Minutes Signed at Taipei, April 28, 1952 I. It is my understanding that the expression or which may hereafter be in the Notes No. 1 exchanged to-day can be taken to mean and which may hereafter be. Is it so? Japanese Delegate: Yes, it is so. I assure you that the Treaty is applicable to all the territories under the control of the Government of the Republic of China. II. It is my understanding that the property, rights or interests in Japan of the collaborationist regimes created in China, as a result of the so-called Mukden incient of September 18, 1931, such as Manchukuo and the Wang Ching Wei regime, shall be transferable to the Republic of China upon agreement between the two Parties in accordance with the relevant provisions of the present Treaty and of the San Francisco Treaty. Is it so? Japanese Delegate: It is so. III. I understand that nothing in the provisions under Article 14 (a) 2 (II) (ii) of the San Francisco Treaty shall be construed to extend any exceptions to the real property, furniture and fixtures used by such set-ups as were established since September 18, 1931 without the concurrence of the Republic of China and were once claimed to be diplomatic or consular set-ups of the Japanese Government in China and the personal furniture and furnishings and other private property used by the personnel of such set-ups. It is so? Japanese Delegate: It is so. IV. It is my understanding that since the Republic of China has voluntarily waived the service compensation as stated in paragraph 1 (b) of the Protocol of the present Treaty, the only benefit that remains to be extended to her under Article 14 (a) of the San Francisco Treaty is Japans external assets as stipulated in Article 14 (a) 2 of the same Treaty. Is it so? Chinese Delegate: Yes, it is so. (Isao Kawada) (Yeh Kung Chao)
1952.04.28《中日和約》中文 註：以下包含 ----------------------------------- 全文如下：
第一條 中華民國與日本國間之戰爭狀態，自本約發生效力之日起，即告終止。 第二條 茲承認依照公曆一千九百五十一年九月八日在美利堅合眾國金山市簽訂之對日和平條約 (以下簡稱金山和約) 第二條，日本國業已放棄對於臺灣及澎湖群島以及南沙群島及西沙群島之一切權利、權利名義與要求。 第三條 關於日本國及國民在臺灣及澎湖之財產及其對於在臺灣及澎湖之中華民國當局及居民所作要求 (包括債權在內) 之處置，及該中華民國當局及居民在日本國之財產及其對於日本國及日本國國民所作要求 (包括債權在內) 之處置，應由中華民國政府與日本國政府間另商特別處理辦法。本約任何條款所用「國民」及「居民」等名詞，均包括法人在內。 第四條 茲承認中國與日本國間在中華民國三十年即公曆一千九百四十一年十二月九日以前所締結之一切條約、專約及協定，均因戰爭結果而歸無效。 第五條 茲承認依照金山和約第十條之規定，日本國業已放棄在中國之一切特殊權利及利益，包括由於中華民國紀元前十一年即公曆一千九百零一年九月七日在北京簽訂之最後議定書與一切附件及補充之各換文暨文件所產生之一切利益與特權；並已同意就關於日本國方面廢除該議定書、附件、換文及文件。 第六條 第七條 中華民國與日本國願儘速商訂一項條約或協定，藉以將兩國貿易、航業及其他商務關係，置於穩定與友好之基礎上。 第八條 中華民國與日本國願儘速商訂一項關於民用航空運輸之協定。 第九條 中華民國與日本國願儘速締結一項為規範或限制捕魚、及保存暨開發公海漁業之協定。 第一○條 就本約而言，中華民國國民應認為包括依照中華民國在臺灣及澎湖所已施行或將來可能施行之法律規章而具有中國國籍之一切臺灣及澎湖居民及前屬臺灣及澎湖之居民及其後裔；中華民國法人應認為包括依照中華民國在臺灣及澎湖所已施行或將來可能施行之法律規章所登記之一切法人。 第一一條 除本約及其補充文件另有規定外，凡在中華民國與日本國間因戰爭狀態存在之結果而引起之任何問題，均應依照金山和約之有關規定予以解決。 第一二條 凡因本約之解釋或適用可能發生之任何爭執，應以磋商或其他和平方式解決之。 第一三條 本約應予批准，批准文件應儘速在臺北互換。本約應自批准文件互換之日起發生效力。 第一四條 本約應分繕中文、日文及英文。遇有解釋不同，應以英文本為準。 為此，雙方全權代表各於本約簽字蓋章，以昭信守。 本約共繕二份，於中華民國四十一年四月二十八日即日本國昭和二十七年四月二十八日即公曆一千九百五十二年四月二十八日訂於臺北。 中華民國代表：葉公超 (蓋印) 日本國代表：河田烈 (蓋印) ＊ ＊ ＊ ＊ ＊ ＊ 1952.04.28《中日和約議定書》 全文如下： 中華民國與日本國間和平條約之議定書 署名於後之雙方全權代表，於本日簽署中華民國與日本國間和平條約 (以 (一) 本約第十一條之實施，應以下列各項了解為準； (二) 中華民國與日本國間之商務及航業應以下列辦法為準繩： 本項所規定之辦法應自本約生效之日起一年之期限內繼續有效。 葉公超 (簽字) ＊ ＊ ＊ ＊ ＊ ＊ 1952.04.28《中日和約之換文》及《同意記錄》 如下： 中華民國與日本國間和平條約之換文 (三) 中華民國全權代表致日本國全權代表照會 (四) 日本國全權代表覆中華民國全權代表照會譯文 附件 同意紀錄 1953.07.18《延展中日和約議定書期限之議定書》 名 稱： 延展中日和約議定書期限之議定書 (西元 1953 年 07 月 18 日) 茲因公曆一千九百五十二年四月廿八日在台北簽訂之中華民國與日本國間和平條約 (以下簡稱和約) 第七條所稱之關於貿易，航業及其他商務關係之條約或協定尚待締結； 一 上述辦法之有效期限，應延展至自公曆一九五三年八月五日起兩年屆滿，或至雙方締結關於貿易、航業及其他商務關係之條約或協定之時為止，兩者以先到期者為準。 二 本議定書應於雙方互換照會之日生效，互換照會中應說明每一締約國業已完成依其本國法為實施本議定書所必要之各項程序。 (Ⅰ) 日本國外務大臣岡崎勝男致中華民國駐日大使董顯光照會 (Ⅱ) 中華民國駐日大使董顯光覆日本國外務大臣岡崎勝男照會 董顯光 (簽字) ＊ ＊ ＊ ＊ ＊ ＊ 1955.07.02《延展中日和約議定書期限之議定書》 名 稱： 延展中日和約議定書期限之議定書 (西元 1955 年 07 月 02 日) 茲因公曆一千九百五十二年四月二十八日在台北簽訂之中華民國與日本國間和平條約 (以下簡稱和約) 第七條所稱之關於貿易、航業及其他商務關係之條約或協定尚待締結： 一 上述辦法之有效期限，應延展至自公曆一千九百五十五年八月五日起一年屆滿；如任何締約一方未於該一年期間屆滿前三個月，通知締約他方予以終止，則此項效期應再延展一年，以後並繼續如此辦理。但締約雙方間關於貿易，航業及其他商務關係之條約或協定業經締結時，該項辦法應即停止生效。 二 本議定書應於締約雙方互換照會之日生效。互換照會中應說明：每一締約國業已完成依其本國法為實施本議定書所必要之各項程序。 中華民國代表：董顯光 (簽字) (Ⅰ) 日本國外務大臣重光葵致中華民國駐日大使董顯光照會 日本國外務大臣 (Ⅱ) 中華民國駐日大使董顯光覆日本國外務大臣重光葵照會 中華民國駐日本國特命全權大使 ＊ ＊ ＊ ＊ ＊ ＊ 1952.04.28《日華和約》- 日文 其內含： ＊ ＊ ＊ ＊ ＊ ＊ | |
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