舊金山和平條約與日本台灣有關的條款

舊金山和平條約與日本台灣有關的條款

 

Article 2
(b) Japan renounces all right, title and claim to Formosa and the Pescadores.

日本放棄對台灣、澎湖群島之一切權利、名義與請求權。(即管轄主權)

Article 4

(b) Japan recognizes the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the United States Military Government in any of the areas referred to in Articles 2 and 3.

日本承認前述第 2 條與第 3 條中美國軍事政府對日本與日本國民財產處分的有效性。

 

Article 6

(a) All occupation forces of the Allied Powers shall be withdrawn from Japan as soon as possible after the coming into force of the present Treaty, and in any case not later than 90 days thereafter. Nothing in this provision shall, however, prevent the stationing or retention of foreign armed forces in Japanese territory under or in consequence of any bilateral or multilateral agreements which have been or may be made between one or more of the Allied Powers, on the one hand, and Japan on the other.
自本和約生效之後,所有聯盟國佔領軍應儘速自日本撤出,此項撤軍不得晚於本和約生效後90日,若日本與聯盟國締結有關外國軍隊駐紮或保有於日本領土之雙邊或多邊協定者,不受本條規定所限。

(b) The provisions of Article 9 of the Potsdam Proclamation of 26 July 1945, dealing with the return of Japanese military forces to their homes, to the extent not already completed, will be carried out.
依據1945年7月26日波次坦宣言第9條有關日本軍隊撤退回國之條款,若尚未完成者,得持續執行。

(c) All Japanese property for which compensation has not already been paid, which was supplied for the use of the occupation forces and which remains in the possession of those forces at the time of the coming into force of the present Treaty, shall be returned to the Japanese Government within the same 90 days unless other arrangements are made by mutual agreement.
所有被佔領軍所征用但尚未獲得補償之日本財產,以及本和約生效時佔領軍所占有之日本財產,非經其他雙邊協定之安排,應於90日內歸還日本政府。

 

Article 21

Notwithstanding the provisions of Article 25 of the present Treaty, China shall be entitled to the benefits of Articles 10 and 14(a)2; and Korea to the benefits of Articles 2, 4, 9 and 12 of the present Treaty.

中國與朝鮮不受本條約第25條規定之所限,中國應享有本條約第10條與第14條之權益、朝鮮則享有本條約第2條、第4條、第9條與第12條之權益。

換言之,中國戰後應得優惠措施內容,並無包括台灣、澎湖在內。

 

Article 23

(a) The present Treaty shall be ratified by the States which sign it, including Japan, and will come into force for all the States which have then ratified it, when instruments of ratification have been deposited by Japan and by a majority, including the United States of America as the principal occupying Power, of the following States, namely Australia, Canada, Ceylon, France, Indonesia, the Kingdom of the Netherlands, New Zealand, Pakistan, the Republic of the Philippines, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. The present Treaty shall come into force of each State which subsequently ratifies it, on the date of the deposit of its instrument of ratification.

確認美國是「主要佔領權」國

 

Article 26

Japan will be prepared to conclude with any State which signed or adhered to the United Nations Declaration of 1 January 1942, and which is at war with Japan, or with any State which previously formed a part of the territory of a State named in Article 23, which is not a signatory of the present Treaty, a bilateral Treaty of Peace on the same or substantially the same terms as are provided for in the present Treaty, but this obligation on the part of Japan will expire three years after the first coming into force of the present Treaty. Should Japan make a peace settlement or war claims settlement with any State granting that State greater advantages than those provided by the present Treaty, those same advantages shall be extended to the parties to the present Treaty.

日本將與任何或支持、簽署1942年1月1日「聯合國宣言」、或者與日本處於戰爭狀態國家、或依據第23條之列舉先前為該國一部分領土的國家而此國家非本條約簽署國,在本條約實質上相同條件下,簽訂雙邊和平條約,但日本之此項義務,僅止於本條約對個別聯盟國首次生效日起3年內有效,若日本與任一國家簽訂和平協議或戰爭請求協議,並賦予該國優於本條約所定之條款,此優惠待遇應自動擴及本條約所有簽署國。