Note: This page presents a collection of selected important texts and documents pertaining to
the Taiwan Politics Database. Alternatively, the user can also refer to a PDF file that shows the contents of this
page as well—557 pages in A5 format, file size: 8.46 MB (file includes the ROC
Constitution); click here to open.
In addition, separate relevant PDF files in A4 format are available for free download as listed below:
Selected imported texts and documents. 175 pages, file size 4.2 MB; click here
Inaugural addresses by ROC Presidents since 1996. 54 pages, file size: 2.3 MB; click here
Facts about the "1992 Consensus". 14 pages, file size: 1.6 MB; click here
In the field of international politics, the status of the ROC has long been highly controversial. Most countries in the
world recognize the so-called "One China" principle (yige Zhongguo yuanze 一個中國原則), i. e. its interpretation by
the PRC, according to which "there is only one China in the world and Taiwan is a part of that China". Today less than two
dozen states, most of them with no international importance, maintain formal diplomatic
relations with the ROC. The existence of the ROC is not only denied internationally but also domestically by pro-independence
activists in Taiwan who claim that there was no legal foundation for Taiwan to be put under ROC control in 1945, making the
now Taipei-based ROC government a "government-in-exile" (liuwang zhengfu 流亡政府). More details in this context can
be found under the headline "Legal aspects of Taiwan in the ROC" of the section
Taiwan Province on the page "Local administration".
Please note that the documents shown in this page's chapter are listed in chronological order. Most of them were selected
for their significance to the status of China and Taiwan/the PRC and the ROC. Others were picked for their significance in the
dispute concerning the Diaoyutai Islands (Diaoyutai lieyu 釣魚台列嶼)—called "Senkaku
Islands" (Jian'ge zhudao 尖閣諸島, Japanese pronunciation "Senkaku shotō") by Japan—in the East China Sea which
are claimed by the ROC, the PRC, and Japan, or as reference to be used in the controversy about overlapping sovereignty claims
in the South China Sea, e. g. the Spratly Islands (nansha qundao 南沙群島).
All documents are presented in original full text, with two exceptions. Because the Treaty
of Versailles and the UN Convention on the Law of the Sea (UNCLOS) are far too large
to be included here (in fact, UNCLOS is even larger than all other texts in this chapter combined), only parts deemed relevant
by the editor were selected—of the Treaty of Versailles which in the original has 440 articles in 15 parts, ten articles are shown,
and one article out of the 320 articles in 17 parts of UNCLOS. A scissors symbol
("✄") indicates that most of the document's articles
were left out.
As for important quotes like Bill Clinton's "Three No's", Lee Teng-hui's remarks
about the "special state-to-state relationship" between the ROC and the PRC, and
Colin Powell's statement on "one China" and Taiwan, only the paragraph with the
actual wording is rendered here. Additional notes from the editor (i. e. this website's chief
researcher) are marked as such and highlighted with a stop sign symbol (🛑).
The following selected important texts and documents relevant to the status of Taiwan / the ROC are presented below.
Please note that the topic of Taiwan’s status under international law was the focus of a doctoral thesis written by German law
expert Claudius Petzold: “Die völkerrechtliche Stellung Taiwans”, published in 2007 by Nomos Universitätsschriften – Recht, 226
pages (in German), ISBN 978-3-8329-2373-0. The text is available as eBook on the
Nomos eLibrary.
His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to restore the blessings of
peace to their countries and subjects and to remove all cause for future complications, have named as their
Plenipotentiaries for the purpose of concluding a Treaty of Peace, that is to say:
His Majesty the Emperor of Japan, Count ITO Hirobumi, Junii, Grand Cross of the Imperial Order of Paullownia,
Minister President of State; and Viscount MUTSU Munemitsu, Junii, First Class of the Imperial Order of the Sacred
Treasure, Minister of State for Foreign Affairs.
And His Majesty the Emperor of China, LI Hung-chang, Senior Tutor to the Heir Apparent, Senior Grand Secretary
of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the province of Chili, and Earl
of the First Rank; and LI Ching-fong, Ex-Minister of the Diplomatic Service, of the Second Official Rank:
Who, after having exchanged their full powers, which were found to be in good and proper form, have agreed to the
following Articles:—
Article 1
China recognises definitively the full and complete independence and autonomy of Korea, and, in consequence, the
payment of tribute and the performance of ceremonies and formalities by Korea to China, in derogation of such independence
and autonomy, shall wholly cease for the future.
Article 2
China cedes to Japan in perpetuity and full sovereignty the following territories, together with all fortifications,
arsenals, and public property thereon:—
(a) The southern portion of the province of Fêngtien within the following boundaries:
The line of demarcation begins at the mouth of the River Yalu and ascends that stream to the mouth of the River
An-ping, from thence the line runs to Fêng-huang, from thence to Hai-cheng, from thence to Ying-kow, forming a line
which describes the southern portion of the territory. The places above named are included in the ceded territory. When the
line reaches the River Liao at Ying-kow, it follows the course of the stream to its mouth, where it terminates. The
mid-channel of the River Liao shall be taken as the line of demarcation.
This cession also includes all islands appertaining or belonging to the province of Fêngtien situated in the
eastern portion of the Bay of Liao-tung and the northern portion of the Yellow Sea.
(b) The island of Formosa, together with all islands appertaining or belonging to the said island of Formosa.
(c) The Pescadores Group, that is to say, all islands lying between the 119th and 120th degrees of longitude east
of Greenwich and the 23rd and 24th degrees of north latitude.
Article 3
The alignment of the frontiers described in the preceding Article, and shown on the annexed map, shall be subject to
verification and demarcation on the spot by a Joint Commission of Delimitation, consisting of two or more Japanese and two
or more Chinese delegates, to be appointed immediately after the exchange of the ratifications of this Act. In case the
boundaries laid down in this Act are found to be defective at any point, either on account of topography or in consideration
of good administration, it shall also be the duty of the Delimitation Commission to rectify the same.
The Delimitation Commission will enter upon its duties as soon as possible, and will bring its labours to a conclusion
within the period of one year after appointment.
The alignments laid down in this Act shall, however, be maintained until the rectifications of the Delimitation Commission,
if any are made, shall have received the approval of the Governments of Japan and China.
Article 4
China agrees to pay to Japan as a war indemnity the sum of 200,000,000 Kuping taels; the said sum to be paid in eight
instalments. The first instalment of 50,000,000 taels to be paid within six months, and the second instalment of 50,000,000
to be paid within twelve months, after the exchange of the ratifications of this Act. The remaining sum to be paid in six
equal instalments as follows: the first of such equal annual instalments to be paid within two years, the second within
three years, the third within four years, the fourth within five years, the fifth within six years, and the the sixth within
seven years, after the exchange of the ratifications of this Act. Interest at the rate of 5 per centum per annum shall begin
to run on all unpaid portions of the said indemnity from the date the first instalment falls due.
China shall, however, have the right to pay by anticipation at any time any or all of the said instalments. In case the
whole amount of the said indemnity is paid within three years after the exchange of the ratifications of the present Act all
interest shall be waived, and the interest for two years and a half or for any less period, if any already paid, shall be
included as part of the principal amount of the indemnity.
Article 5
The inhabitants of the territories ceded to Japan who wish to take up their residence outside the ceded districts shall
be at liberty to sell their real property and retire. For this purpose a period of two years from the date of the exchange of
ratifications of the present Act shall be granted. At the expiration of that period those of the inhabitants who shall not
have left such territories shall, at the option of Japan, be deemed to be Japanese subjects.
Each of the two Governments shall, immediately upon the exchange of the ratifications of the present Act, send one or more
Commissioners to Formosa to effect a final transfer of that province, and within the space of two months after the exchange of
the ratifications of this Act such transfer shall be completed.
Article 6
All Treaties between Japan and China having come to an end as a consequence of war, China engages, immediately upon the
exchange of the ratifications of this Act, to appoint Plenipotentiaries to conclude with the Japanese Plenipotentiaries, a
Treaty of Commerce and Navigation and a Convention to regulate Frontier Intercourse and Trade. The Treaties, Conventions, and
Regulations now subsisting between China and the European Powers shall serve as a basis for the said Treaty and Convention
between Japan and China. From the date of the exchange of ratifications of this Act until the said Treaty and Convention are
brought into actual operation, the Japanese governments, its officials, commerce, navigation, frontier intercourse and trade,
industries, ships, and subjects, shall in every respect be accorded by China most favoured nation treatment.
China makes, in addition, the following concessions, to take effect six months after the date of the present Act:—
First.—The following cities, towns, and ports, in addition to those already opened, shall be opened to the trade,
residence, industries, and manufactures of Japanese subjects, under the same conditions and with the same privileges and
facilities as exist at the present open cities, towns, and ports of China:
● Shashih, in the province of Hupeh.
● Chungking, in the province of Szechwan.
● Suchow, in the province of Kiangsu.
● Hangchow, in the province of Chekiang.
The Japanese Government shall have the right to station consuls at any or all of the above named places.
Second.—Steam navigation for vessels under the Japanese flag, for the conveyance of passengers and cargo, shall
be extended to the following places:
● On the Upper Yangtze River, from Ichang to Chungking.
● On the Woosung River and the Canal, from Shanghai to Suchow and Hangchow.
The rules and regulations that now govern the navigation of the inland waters of China by Foreign vessels shall, so far
as applicable, be enforced, in respect to the above named routes, until new rules and regulations are conjointly agreed to.
Third.—Japanese subjects purchasing goods or produce in the interior of China, or transporting imported merchandise
into the interior of China, shall have the right temporarily to rent or hire warehouses for the storage of the articles so
purchased or transported without the payment of any taxes or extractions whatever.
Fourth.—Japanese subjects shall be free to engage in all kinds of manufacturing industries in all the open cities,
towns, and ports of China, and shall be at liberty to import into China all kinds of machinery, paying only the stipulated import
duties thereon.
All articles manufactured by Japanese subjects in China shall, in respect of inland transit and internal taxes, duties, charges,
and exactions of all kinds, and also in respect of warehousing and storage facilities in the interior of China, stand upon the same
footing and enjoy the same privileges and exemptions as merchandise imported by Japanese subjects into China.
In the event additional rules and regulations are necessary in connexion with these concessions, they shall be embodied in
the Treaty of Commerce and Navigation provided for by this Article.
Article 7
Subject to the provisions of the next succeeding Article, the evacuation of China by the armies of Japan shall be completely
effected within three months after the exchange of the ratificatioins of the present Act.
Article 8
As a guarantee of the faithful performance of the stipulations of this Act, China consents to the temporary occupation by the
military forces of Japan of Weihaiwei, in the province of Shantung.
Upon payment of the first two instalments of the war indemnity herein stipulated for and the exchange of the ratifications of
the Treaty of Commerce and navigation, the said place shall be evacuated by the Japanese forces, provided the Chinese Government
consents to pledge, under suitable and sufficient arrangements, the Customs revenue of China as security for the payment of the
principal and interest of the remaining instalments of the said indemnity. In the event that no such arrangements are concluded,
such evacuation shall only take place upon the payment of the final instalment of said indemnity.
It is, however, expressly understood that no such evacuation shall take place until after the exchange of the ratifications
of the Treaty of Commerce and Navigation.
Article 8
Immediately upon the exchange of the ratifications of this Act, all prisoners of war then held shall be restored, and China
undertakes not to ill-treat or punish prisoners of war so restored to her by Japan. China also engages to at once release all
Japanese subjects accused of being military spies or charged with any other military offences. China further engages not to punish
in any manner, nor to allow to be punished, those Chinese subjects who have in any manner been compromised in their relations with
the Japanese army during the war.
Article 10
All offensive military operations shall cease upon the exchange of the ratifications of this Act.
Article 11
The present Act shall be ratified by their Majesties the Emperor of Japan and the Emperor of China, and the ratifications shall
be exchanged at Chefoo on the 8th day of the 5th month of the 28th year of MEIJI, corresponding to the 14th day of the 4th month of
the 21st year of KUANG HSÜ.
IN WITNESS WHEREOF the respective Plenipotentiaries have signed the same and affixed thereto the seal of their arms.
DONE in Shimonoseki, in duplicate, this 17th day of the fourth month of the 28th year of MEIJI, corresponding to the 23rd day
of the 3rd month of the 21st year of KUANG HSÜ.
Count Ito Hirobumi(Junii, Grand Cross of the Imperial Order of Paullownia; Minister President of State; Plenipotentiary
of His Majesty the Emperor of Japan)
Viscount Mutsu Munemitsu(Junii, First Class of the Imperial Order of the Sacred Treasure; Minister of State for Foreign
Affairs; Plenipotentiary of His Majesty the Emperor of Japan)
Li Hung-chang(Plenipotentiary of His Majesty the Emperor of China; Senior Tutor to the Heir Apparent; Senior Grand
Secretary of State; Minister Superintendent of Trade for the Northern Ports of China; Viceroy of the province of Chili; Earl of the
First Rank)
Li Ching-fong(Plenipotentiary of His Majesty the Emperor of China; Ex-Minister of the Diplomatic Service, of the
Second Official Rank)
The Treaty of Shimonoseki (Maguan tiaoyue 馬關條約; title in Japanese: Shimonoseki Jōyaku下関条約) was signed at Shimonoseki (下關) on April 17, 1895
and entered into force on May 8, 1895 by the exchange of the instruments of ratification at Chefoo (芝罘).
His Majesty the Emperor of China and His Majesty the Emperor of Japan, desiring to conclude a Convention for
the retrocession by Japan of all of the southern portion of the province of Fêngtien to the sovereignty of
China, have for that purpose named as their Plenipotentiaries, that is to say:
His Majesty the Emperor of China, LI HUNG-CHANG, Minister Plenipotentiary, Senior Tutor of the Heir Apparent,
Senior Grand Secretary of State and Earl of the First Rank, and
His Majesty the Emperor of Japan, Baron HAYASHI TADASU, Shoshii, Grand Cross of the Imperial Order of the Sacred
Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary,
who, after having communicated to each other their full powers, which were found to be in good and proper form, have
agreed upon the following Articles:—
Article 1
Japan retrocedes to China in perpetuity and full sovereignty the southern portion of the province of Fêngtien,
which was ceded to Japan under Article 2 of the Treaty of Shimonoseki on the 23rd day of the 3rd month of the 21st year
of KUANG HSÜ, corresponding to the 17th day of the 4th month of the 28th year of MEIJI, together with all fortifications,
arsenals, and public property thereon at the time the retroceded territory is completely evacuated by the Japanese forces in
accordance with the provisions of Article 3 of this Convention, that is to say, the southern portion of the province of
Fêngtien from the mouth of the River Yalu to the mouth of the River An-ping, thence to Feng-huang-ch'ên, thence
to Hai-ch'êng and thence to Ying-kow; also all cities and towns to the south of this boundary and ail islands appertaining
or belonging to the province of Fêngtien situated in the eastern portion of the Bay of Liaotung and in the northern part
of the Yellow Sea. Article 3 of the Treaty of Shimonoseki is in consequence suppressed, as are also the provisions in the same
Treaty with reference to the conclusion of a Convention to regulate frontier intercourse and trade.
Article 2
As compensation for the southern portion of the province of Fêngtien, the Chinese Government engage to pay to the
Japanese Government 30,000,000 Kuping taels on or before the 30th day of the 9th month of the 21st year of KUANG HSÜ,
corresponding to the 16th day of the 11th month of the 28th year of MEIJI.
Article 3
Within three months from the day on which China shall have paid to Japan the compensatory indemnity of 30,000,000 Kuping
taels provided for in Article 2 of this Convention, the retroceded territory shall be completely evacuated by the Japanese
forces.
Article 4
China engages not to punish in any manner, nor to allow to be punished, those Chinese subjects who have in any manner
been compromised in connection with the occupation by the Japanese forces of.the retroceded territory.
Article 5
The present Convention is signed in duplicate in the Chinese, Japanese, and English languages. All these texts have the
same meaning and intention, but in case of any differences of interpretation between the Chinese and Japanese texts, such
differences shall be decided by reference to the English text.
Article 6
The present Convention shall be ratified by His Majesty the Emperor of China and His Majesty the Emperor of Japan and
the ratifications thereof shall be exchanged at Peking within 21 days from the present date.
IN WITNESS WHEREOF the respective Plenipotentiaries have signed the same and affixed thereto the seal of their arms.
DONE in Peking this 22nd day of the 9th month of the 21st year of KUANG HSÜ, corresponding to the 8th day of the
11th month of the 28th year of MEIJI.
LI HUNG-CHANG, [L.S.]———Minister Plenipotentiary of His Majesty the Emperor of China
Senior Tutor to the Heir Apparent
Senior Grand Secretary of State
Earl of the First Rank
Baron HAYASHI TADASU, [L.S.]———Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure
Grand Officer of the Imperial Order of the Rising Sun
Minister Plenipotentiary and Envoy Extraordinary of His Majesty the Emperor of Japan
The Liaotung Convention (Liaodong tiaoyue 遼東條約 or Liaodong xieyi 遼東協議) was signed in Beijing
on Nov. 8, 1895 and is also known under the following names: Fengtian Peninsula Return Treaty (Fengtian bandao huanfu
tiaoyue 奉天半島還付條約), Sino-Japanese Liao-south Treaty (Zhong Ri Liaonan tiaoyue 中日遼南條約), or Treaty
of Peking (Beijing tiaoyue 北京條約); in Japanese: Treaty Concerning Fengtien Peninsula Return
(Hōten hantō kanpu ni kansuru jōyaku 奉天半島還付に関する条約).
The Plenipotentiaries
—of Germany, M. Alfons Mumm (Freiherr von Schwarzenstein);
—of Austria-Hungary, Baron Moritz Czikann von Wahlborn;
—of Belgium, Maurice Joostens;
—of Spain, M. Bernardo J. de Cólogan;
—of the United States, Mr. William W. Rockhill;
—of France, M. Paul Beau;
—of Great Britain, Sir Ernest Satow;
—of Italy, Marquis Salvago Raggi;
—of Japan, M. Jutaro Komura 小村壽太郎;
—of the Netherlands, M. Fridolin Marinus Knobel;
—of Russia, M. Michael de Giers;
and the Plenipotentiaries of China, His Highness Yi-K'uang 奕劻, Prince of the First Rank; Ch'ing,
President of the Board of Foreign Affairs;
and his Excellency Li Hung-chang 李鴻章, Count of the First Rank; Su-Yi, Tutor of the Heir Apparent;
Grand Secretary of the Wen-Hua Throne Hall, Minister of Commerce, Superintendent of Trade for the North,
Governor-General of Chihli,
have met for the purpose of declaring that China has complied with the conditions laid down in the
note of the 22nd December, 1900, and which were accepted in their entirety by His Majesty the Emperor of
China in a Decree dated the 27th December, 1900.
Article 1
1) By an Imperial Edict of the 9th June
last, Tsai-Feng, Prince of the First Rank, Chün, was appointed Ambassador of
His Majesty the Emperor of China, and directed in that capacity to convey to
His Majesty the German Emperor the expression of the regrets of His Majesty the
Emperor of China and of the Chinese Government at the assassination of his
Excellency the late Baron von Ketteler, German Minister.
Prince Chün left Peking on the 12th July last to carry out the orders which
had been given him.
2) The Chinese Government has stated that it
will erect on the spot of the assassination of his Excellency the late Baron
von Ketteler, commemorative monument worthy of the rank of the deceased, and
bearing an inscription in the Latin, German, and Chinese languages which shall
express the regrets of His Majesty the Emperor of China for the murder
committed.
The Chinese Plenipotentiaries have informed his Excellency the German
Plenipotentiary, in a letter dated the 22nd July last, that an arch of the
whole width of the street would be erected on the said spot, and that work on
it was begun on the 25th June last.
Article 2
1) Imperial Edicts of the 13th and 21st
February, 1901, inflicted the following punishments on the principal authors of
the attempts and of the crimes committed against the foreign Governments and
their nationals:—
Tsa-Ii, Prince Tuan, and Tsai-Lan, Duke Fu-kuo, were sentenced to be brought before the
Autumnal Court of Assize for execution, and it was agreed that if the Emperor
saw fit to grant them their lives, they should be exiled to Turkestan, and
there imprisoned for life, without the possibility of commutation of these
punishments.
Tsai Hsün, Prince Chuang,
Ying-Nien, President of the Court of Censors, and Chao Shu-chiao, President of
the Board of Punishments, were condemned to commit suicide.
Yü Hsien, Governor of Shansi, Chi Hsiu, President of the Board of Rites, and Hsü
Cheng-yu, formerly Senior Vice-President of the Board of Punishments, were
condemned to death.
Posthumous degradation was inflicted on Kang Yi, Assistant Grand Secretary, President of
the Board of Works, Hsü Tung, Grand Secretary, and Li Ping-heng, former
Governor-General of Szu-chuan.
Imperial Edict of the 13th February last rehabilitated the memories of Hsu Yung-yi,
President of the Board of War; Li Shan, President of the Board of Works; Hsu
Ching Cheng, Senior Vice-President of the Board of Civil Office; Lien Yuan,
Vice-Chancellor of the Grand Council; and Yuan Chang, Vice-President of the
Court of Sacrifices, who had been put to death for having protested against the
outrageous breaches of international law of last year.
Prince Chuang committed suicide on the 21st February last; Ying Nien and Chao
Shu-chiao on the 24th February; Yu Hsien was executed on the 22nd February; Chi
Hsiu and Hsü Cheng-yu on the 26th February; Tung Fu-hsiang, General in Kan-su,
has been deprived of his office by Imperial Edict of the 13th February last,
pending the determination of the final punishment to be inflicted on him.
Imperial Edicts, dated the 29th April and 19th August, 1901, have inflicted
various punishments on the provincial officials convicted of the crimes and outrages of
last summer.
2) An Imperial Edict, promulgated the 19th August, 1901, ordered the suspension of official examinations for five years in
all cities where foreigners were massacred or submitted to cruel treatment.
Article 3
So as to make honourable reparation for the assassination of Mr. Sugiyama, Chancellor
of the Japanese Legation, His Majesty the Emperor of China, by an Imperial
Edict of the 18th June, 1901, appointed Na T'ung, Vice-President of the Board
of Finances, to be his Envoy Extraordinary, and specially directed him to
convey to His Majesty the Emperor of Japan the expression of the regrets of His
Majesty the Emperor of China and of his Government at the assassination of Mr.
Sugiyama.
Article 4
The Chinese Government has agreed to erect an expiatory monument in each of the
foreign or international cemeteries which were desecrated, and in which the
tombs were destroyed.
It has been agreed with the Representatives of the Powers
that the Legations interested shall settle the details for the erection of
these monuments, China bearing all the expenses thereof, estimated at 10,000
taels, for the cemeteries at Peking and in its neighbourhood, and at 5,000
taels for the cemeteries in the provinces. The amounts have been paid, and the
list of these cemeteries is inclosed herewith.
Article 5
China has agreed to prohibit the importation into its territory of arms and
ammunition, as well as of materials exclusively used for the manufacture of
arms and ammunition.
An Imperial Edict has been issued on the 25th August,
forbidding said importation for a term of two years. New Edicts may be issued
subsequently extending this by other successive terms of two years in case of
necessity recognized by the Powers.
Article 6
By an Imperial Edict dated the 29th May, 1901, His Majesty the Emperor of China
agreed to pay the Powers an indemnity of 450,000,000 of Haikwan taels.
This sum represents the total amount of the indemnities
for States, Companies, or Societies, private individuals and Chinese, referred
to in Article 6 of the note of the 22nd December, 1900.
1) These 450,000,000 constitute a gold debt
calculated at the rate of the Haikwan tael to the gold currency of each
country, as indicated below:—
Haikwan tael =
Marks 3.055
Austro-Hungary crown 3.595
Gold dollar 0.743
Francs 3.740
£ sterling 3s.
Yen 1.407
Netherlands florin 1.796
Gold rouble (17.434 dolias fine) 1.412
This sum in gold shall shall bear interest at 4 per cent. per annum, and the capital
shall be reimbursed by China in thirty-nine years in the manner indicated in
the annexed plan of amortization. Capital and interest shall be payable in gold
or at the rates of exchange corresponding to the dates at which the different
payments fall due.
The amortization shall commence the 1st January, 1902, and shall finish at the end
of the year 1940. The amortizations are payable annually, the first payment
being fixed on the 1st January, 1903.
Interest shall run from the 1st July, 1901, but the Chinese Government shall have the
right to pay off within a term of three years, beginning January 1902, the
arrears of the first six months ending the 31st December, 1901, on condition,
however, that it pays compound interest at the rate of 4 per cent. a year on the
sums the payment of which shall have been thus deferred.
Interest shall be payable semi-annually, the first payment being fixed on the 1st July, 1902.
2) The service of the debt shall take place
in Shanghai in the following manner:—
Each Power shall be represented by a Delegate on a Commission of bankers authorized
to receive the amount of interest and amortization which shall be paid to it by
the Chinese authorities designated for that purpose, to divide it among the
interested parties, and to give a receipt for the same.
3) The Chinese Government shall deliver to
the Doyen of the Diplomatic Corps at Peking a bond for the lump sum, which
shall subsequently be converted into fractional bonds bearing the signature of
the Delegates of the Chinese Government designated for that purpose. This
operation and all those relating to issuing of the bonds shall be performed by
the above-mentioned Commission, in accordance with the instructions which the
Powers shall send their Delegates.
4) The proceeds of the revenues assigned to
the payment of the bonds shall be paid monthly to the Commission.
5) The revenues assigned as security for the
bonds are the following:—
a) The balance of the revenues of the
Imperial Maritime Customs, after payment of the interest and amortization of
preceding loans secured on these revenues, plus the proceeds of the raising to
5 per cent. effective of the present tariff of maritime imports, including
articles until now on the free list, but exempting rice, foreign cereals, and flour,
gold and silver bullion and coin.
b) The revenues of the native Customs,
administered in the open ports by the Imperial Maritime Customs.
c) The total revenues of the salt
gabelle, exclusive of the fraction previously set aside for other foreign
loans.
6) The raising of the present tariff on
imports to 5 per cent. effective is agreed to on the conditions mentioned
below. It shall be put in force two months after the signing of the present
Protocol, and no exceptions shall be made except for merchandize in transit not
more than ten days after the said signing.
a) All duties levied on imports ad
valorem shall be converted as far as possible and as soon as may be into
specific duties.
This conversion shall be made in the following
manner:—
The average value of merchandize at the time of
their landing during the three years 1897, 1898, and 1899, that is to say, the
market price less the amount of import duties and incidental expenses, shall be
taken as the basis for the valuation of merchandize.
Pending the result of the work of conversion,
duties shall be levied ad valorem.
b) The beds of the Rivers Whangpoo and
Peiho shall be improved with the financial participation of China.
Article 7
The Chinese Government has agreed that the quarter occupied by the Legations shall
be considered as one specially reserved for their use and placed under their
exclusive control, in which Chinese shall not have the right to reside, and
which may be made defensible.
The limits of this quarter have been fixed as follows on
the annexed plan.
● On the east, Ketteler Street (10, 11, 12).
● On the north, the line, 5, 6, 7, 8, 9, 10.
● On the west, the line 1, 2, 3, 4, 5.
● On the south, the line 12—1, drawn along the exterior base of the tartar wall, and following the line of the bastions.
In the Protocol annexed to the letter of the 16th
January, 1901, China recognized the right of each Power to maintain a permanent
guard in the said quarter for the defence of its Legation.
Article 8
The Chinese Government has consented to raze the forts of Taku, and those which
might impede free communication between Peking and the sea. Steps have been
taken for carrying this out.
Article 9
The Chinese Government conceded the right to the Powers in the Protocol annexed to
the letter of the 16th January, 1901, to occupy certain points, to be
determined by an Agreement between them for the maintenance of open
communication between the capital and the sea. The points occupied by the
Powers are:—
The Chinese Government has agreed to post and to have published during two years in
all district cities the following Imperial Edicts:—
1) Edict of the ist February, 1901,
prohibiting for ever under pain of death, membership in any anti-foreign
society.
2) Edicts of the 13th and 21st February,
29th April and 19th August, 1901, enumerating the punishments inflicted on the
guilty.
3) Edict of the 19th August, 1901, prohibiting examinations in all cities where foreigners were massacred or subjected to
cruel treatment.
4) Edicts of the ist February, 1901,
declaring all Governors-General, Governors, and provincial or local officials
responsible for order in their respective districts, and that in case of new
anti-foreign troubles or other infractions of the Treaties which shall not be
immediately repressed and the authors of which shall not have been punished,
these officials shall be immediately dismissed without possibility of being
given new functions or new honours.
The posting of these Edicts is being carried on throughout the Empire.
Article 11
The Chinese Government has agreed to negotiate the amendments deemed necessary by
the foreign Governments to the Treaties of Commerce and Navigation and the
other subjects concerning commercial relations with the object of facilitating
them.
At present, and as a result of the stipulation contained
in Article 6 concerning the indemnity, the Chinese Government agrees to assist
in the improvement of the courses of the Rivers Peiho and Whang-poo, as stated
below.—
1) The works for the improvement of the
navigability of the Peiho, begun in 1898 with the co-operation of the Chinese
Government, have been resumed under the direction of an International
Commission. As soon as the Administration of Tien-tsin shall have been handed
back to the Chinese Government it will be in a position to be represented on
this Commission, and will pay each year a sum of 60,000 Haikwan taels for maintaining
the works.
2) A Conservancy Board, charged with the
management and control of the works for straightening the Whangpoo and the
improvement of the course of that river, is hereby created.
The Board shall consist
of members representing the interests of the Chinese Government and those of
foreigners in the shipping trade of Shanghai.
The expenses incurred for the works and the general management of the undertaking
are estimated at the annual sum of 460,000 Haikwan taels for the first twenty
years. This sum shall be supplied in equal portions by the Chinese Government
and the foreign interests concerned.
Article 12
An Imperial Edict of the 24th July, 1901, reformed the Office of Foreign Affairs,
Tsung-li Yamen, on the lines indicated by the Powers, that is to say,
transformed it into a Ministry of Foreign Affairs, Wai Wu Pu, which takes
precedence over the six other Ministries of State; the same Edict appointed the
principal Members of this Ministry.
An agreement has also been reached concerning the modification
of Court ceremonial as regards the reception of foreign Representatives, and
has been the subject of several notes from the Chinese Plenipotentiaries, the
substance of which is embodied in a Memorandum herewith annexed.
Finally, it is expressly understood that as regards the
declarations specified above and the annexed documents originating with the
foreign Plenipotentiaries, the French text only is authoritative.
The Chinese Government having thus complied to the
satisfaction of the Powers with the conditions laid down in the above-mentioned
note of the 22nd December, 1900, the Powers have agreed to accede to the wish
of China to terminate the situation created by the disorders of the summer of
1900. In consequence thereof, the foreign Plenipotentiaries are authorized to
declare in the names of their Governments that, with the exception of the
Legation guards mentioned in Article VII, the international troops will
completely evacuate the city of Peking on the 17th September, 1901, and, with
the exception of the localities mentioned in Article IX, will withdraw from the
Province of Chihli on the 22nd September, 1901.
The present final Protocol has been drawn up in twelve
identical copies, and signed by all the Plenipotentiaries of the contracting
countries. One copy shall be given to each of the foreign Plenipotentiaries,
and one copy shall be given to the Chinese Plenipotentiaries.
(Signed) A. VON MUMM B. J. DE CÓLOGAN ERNEST SATOW
The Emperor of Japan on the one part, and the Emperor of all the Russias, on the other part, animated by a desire
to restore the blessings of peace, have resolved to conclude a treaty of peace, and have for this purpose named their
Plenipotentiaries, that is to say, for his Majesty the Emperor of Japan, Baron Komura Jutaro, Jusami, Grand Cordon of
the Imperial Order of the Rising Sun, his Minister for Foreign Affairs, and his Excellency Takahira Kogoro, Imperial Order
of the Sacred Treasure, his Minister to the United States, and his Majesty the Emperor of all the Russias, his Excellency
Sergius Witte, his Secretary of State and President of the Committee of Ministers of the Empire of Russia, and his Excellency
Baron Roman Rosen, Master of the Imperial Court of Russia, his Majesty's Ambassador to the United States, who, after having
exchanged their full powers, which were found to be in good and due form, and concluded the following articles:
Article 1
There shall henceforth be peace and amity between their Majesties the Emperor of Japan and the Emperor of all the Russias,
and between their respective States and subjects.
Article 2
The Imperial Russian Government, acknowledging that Japan possesses in Korea paramount political, military and economical
interests engages neither to obstruct nor interfere with measures for guidance, protection and control which the Imperial Government
of Japan may find necessary to take in Korea. It is understood that Russian subjects in Korea shall be treated in exactly the same
manner as the subjects and citizens of other foreign Powers; that is to say, they shall be placed on the same footing as the subjects
and citizens of the most favored nation. It is also agreed that, in order to avoid causes of misunderstanding, the two high contracting
parties will abstain on the Russian-Korean frontier from taking any military measure which may menace the security of Russian or
Korean territory.
Article 3
Japan and Russia mutually engage:
First. — To evacuate completely and simultaneously Manchuria, except the
territory affected by the lease of the Liaotung Peninsula, in conformity with the provisions of the additional article I annexed
to this treaty, and,
Second. — To restore entirely and completely to the exclusive administration
of China all portions of Manchuria now in occupation, or under the control of the Japanese or Russian troops, with the exception
of the territory above mentioned.
The Imperial Government of Russia declares that it has not in Manchuria any territorial advantages or preferential or exclusive
concessions in the impairment of Chinese sovereignty, or inconsistent with the principle of equal opportunity.
Article 4
Japan and Russia reciprocally engage not to obstruct any general measures common to all countries which China may take for the
development of the commerce or industry of Manchuria.
Article 5
The Imperial Russian Government transfers and assigns to the Imperial Government of Japan, with the consent of the Government
of China, the lease of Port Arthur, Talien and the adjacent territorial waters, and all rights, privileges and concessions connected
with or forming part of such lease, and it also transfers and assigns to the Imperial Government of Japan all public works and
properties in the territory affected by the above-mentioned lease.
The two contracting parties mutually engage to obtain the consent of the Chinese Government mentioned in the foregoing
stipulation.
The Imperial Government of Japan, on its part, undertakes that the proprietary rights of Russian subjects in the territory
above referred to shall be perfectly respected.
Article 6
The Imperial Russian Government engages to transfer and assign to the Imperial Government of Japan, without compensation and
with the consent of the Chinese Government, the railway between Chang-chunfu and Kuanchangtsu and Port Arthur, and all the branches,
together with all the rights, privileges and properties appertaining thereto in that region, as well as all the coal mines in said
region belonging to or worked for the benefit of the railway. The two high contracting parties mutually engage to obtain the consent
of the Government of China mentioned in the foregoing stipulation.
Article 7
Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial purposes and
nowise for strategic purposes. It is understood that this restrictiction does not apply to the railway in the territory affected by
the lease of the Liaotung Peninsula.
Article 8
The Imperial Governments of Japan and Russia with the view to promote and facilitate intercourse and traffic will as soon as
possible conclude a separate convention for the regulation of their connecting railway services in Manchuria.
Article 9
The Imperial Russian Government cedes to the Imperial Government of Japan in perpetuity and full sovereignty the southern portion
of the Island of Saghalin and all the islands adjacent thereto and the public works and properties thereon. The fiftieth degree of
north latitude is adopted as the northern boundary of the ceded territory. The exact alignment of such territory shall be determined
in accordance with the provisions of the additional article II annexed to this treaty.
Japan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalin or the adjacent
islands any fortification or other similar military works. They also respectively engage not to take any military measures which
may impede the free navigation of the Strait of La Perouse and the Strait of Tartary.
Article 10
It is reserved to Russian subjects, inhabitants of the territory ceded to Japan, to sell their real property and retire to
their country, but if they prefer to remain in the ceded territory they will be maintained protected in the full exercise of their
industries and rights of property on condition of submitting to the Japanese laws and jurisdiction. Japan shall have full liberty
to withdraw the right of residence in or to deport from such territory of any inhabitants who labor under political or administrative
disability. She engages, however, that the proprietary rights of such inhabitants shall be fully respected.
Article 11
Russia engages to arrange with Japan for granting to Japanese subjects rights of fishery along the coasts of the Russian
possession in the Japan, Okhotsk and Bering Seas.
It is agreed that the foregoing engagement shall not affect rights already belonging to Russian or foreign subjects in those
regions.
Article 12
The treaty of commerce and navigation between Japan and Russia having been annulled by the war the Imperial Governments of Japan
and Russia engage to adopt as a basis for their commercial relations pending the conclusion of a new treaty of commerce and navigation
the basis of the treaty which was in force previous to the present war, the system of reciprocal treatment on the footing of the most
favored nation, in which are included import and export duties, customs formalities, transit and tonnage dues and the admission and
treatment of agents, subjects and vessels of one country in the territories of the other.
Article 13
As soon as possible after the present treaty comes in force all prisoners of war shall be reciprocally restored. The Imperial
Governments of Japan and Russia shall each appoint a special commissioner to take charge of the prisoners. All prisoners in the hands
of one Government shall be delivered to and be received by the commissioner of the other Government or by his duly authorized
representative in such convenient numbers and at such convenient ports of the delivering State as such delivering State shall
notify in advance to the commissioner of the receiving State.
The Governments of Japan and Russia shall present each other as soon as possible after the delivery of the prisoners is completed
with a statement of the direct expenditures respectively incurred by them for the care and maintenance of the prisoner from the date
of capture or surrender and up to the time of death or delivery. Russia engages to repay as soon as possible after the exchange of
statement as above provided the difference between the actual amount so expended by Japan and the actual amount similarly disbursed
by Russia.
Article 14
The present treaty shall be ratified by their Majesties the Emperor of Japan and the Emperor of all the Russias. Such ratification
shall be with as little delay as possible, and in any case no later than fifty days from the date of the signature of the treaty, to
be announced to the Imperial Governments of Japan and Russia respectively through the French Minister at Tokio and the Ambassador of
the United States at St. Petersburg, and from the date of the latter of such announcements shall in all its parts come into full
force. The formal exchange of ratifications shall take place at Washington as soon as possible.
Article 15
The present treaty shall be signed in duplicate in both the English and French languages. The texts are in absolute conformity,
but in case of a discrepancy in the interpretation the French text shall prevail.
Sub-Articles
In conformity with the provisions of articles 3 and 9 of the treaty of the peace between Japan and Russia of this date the
undersigned plenipotentiaries have concluded the following additional articles:
SUB-ARTICLE TO ARTICLE 3
The Imperial Governments of Japan and Russia mutually engage to commence the withdrawal of their military forces from the
territory of Manchuria simultaneously and immediately after the treaty of peace comes into operation, and within a period of eighteen
months after that date the armies of the two countries shall be completely withdrawn from Manchuria, except from the leased territory
of the Liaotung Peninsula. The forces of the two countries occupying the front positions shall first be withdrawn.
The high contracting parties reserve to themselves the right to maintain guards to protect their respective railway lines in
Manchuria. The number of such guards shall not exceed fifteen per kilometre and within that maximum number the commanders of the
Japanese and Russian armies shall by common accord fix the number of such guards to be employed as small as possible while having
in view the actual requirements.
The commanders of the Japanese and Russian forces in Manchuria shall agree upon the details of the evacuation in conformity with
the above principles and shall take by common accord the measures necessary to carry out the evacuation as soon as possible, and in
any case not later than the period of eighteen months.
SUB-ARTICLE TO ARTICLE 9.
As soon as possible after the present treaty comes into force a committee of delimitation composed of an equal number of members
is to be appointed by the two high contracting parties which shall on the spot mark in a permanent manner the exact boundary between
the Japanese and Russian possessions on the Island of Saghalin. The commission shall be bound so far as topographical considerations
permit to follow the fiftieth parallel of north latitude as the boundary line, and in case any deflections from that line at any
points are found to be necessary compensation will be made by correlative deflections at other points. It shall also be the duty of
the said commission to prepare a list and a description of the adjacent islands included in the cession, and finally the commission
shall prepare and sign maps showing the boundaries of the ceded territory. The work of the commission shall be subject to the approval
of the high contracting parties.
The foregoing additional articles are to be considered ratified with the ratification of the treaty of peace to which they are
annexed.
In witness whereof the respective plenipotentiaries have signed and affixed seals to the present treaty of peace.
Done at Portsmouth, New Hampshire, this fifth day of the ninth month of the thirty-eighth year of the Meiji, corresponding
to the twenty-third day of August, one thousand nine hundred and five (September 5, 1905).
The Japanese Government and the Chinese Government, being desirous to maintain the general peace in
the Far East and to strengthen the relations of amity and good neighbourhood existing between the two countries,
agree to the following articles:
Article 1
The Chinese Government engage to give full assent to all matters that the Japanese government may
hereafter agree with the German Government respecting the disposition of all the rights, interests and concessions,
which, in virtue of treaties or otherwise, Germany possesses vis-à-vis China in relation to the province
of Shantung.
Article 2
The Chinese Government engage that, within the province of Shantung or along its coast, no territory
or island will be ceded or leased to any other Power, under any pretext whatever.
Article 3
The Chinese Government agree to Japan's building a railway connecting Chefoo or Lungkow with the
Kiaochou Tsinanfu Railway.
Article 4
The Chinese Government engage to open of their own accord, as soon as possible, certain important cities
and towns in the Province of Shantung for the residence and commerce of foreigners. The places to be so opened shall be
decided upon in a separate agreement.
Group II
The Japanese Government and the Chinese Government, in view of the fact that the Chinese Government has always
recognized the predominant position of Japan in South Manchuria and Eastern Inner Mongolia, agree to the following articles:
Article 1
The two contracting Parties mutually agree that the term of the lease of Port Arthur and Dairen and the term
respecting the South Manchuria Railway and the Antung-Mukden Railway shall be extended to a further period of 99 years respectively.
Article 2
The Japanese subjects shall be permitted in South Manchuria and Eastern Inner Mongolia to lease or own land
required either for erecting buildings for various commercial and industrial uses or for farming.
Article 3
The Japanese subjects shall have liberty to enter, reside, and travel in South Manchuria and Eastern Inner Mongolia,
and to carry on business of various kinds commercial, industrial, and otherwise.
Article 4
The Chinese Government grant to the Japanese subjects the right of mining in South Manchuria and Eastern
Inner Mongolia. As regards the mines to be worked, they shall be decided upon in a separate agreement.
Article 5
The Chinese Government agree that the consent of the Japanese Government shall be obtained in advance: (1)
whenever it is proposed to grant to other nationals the right of constructing a railway or to obtain from other nationals the
supply of funds for constructing a railway in South Manchuria and Eastern Inner Mongolia, and (2) whenever a loan is to be made
with any other Power, under security of the taxes of South Manchuria and Eastern Inner Mongolia.
Article 6
The Chinese Government engage that whenever the Chinese Government need the service of political, financial, or
military advisers or instructors in South Manchuria or in Eastern Inner Mongolia, Japan shall first be consulted.
Article 7
The Chinese Government agree that the control and management of the Kirin-Chungchun Railway shall be handed over
to Japan for a term of 99 years dating from the signing of this treaty.
Group III
The Japanese Government and the Chinese Government, having regard to the close relations existing between Japanese capitalists
and the Han-Yeh-Ping Company and desiring to promote the common interests of the two nations, agree to the following articles:
Article 1
The two Contracting Parties mutually agree that when the opportune moment arrives the Han-Yeh-Ping Company shall be
made a joint concern of the two nations, and that, without the consent of the Japanese Government, the Chinese Government shall not
dispose or permit the Company to dispose of any right or property of the Company.
Article 2
The Chinese Government engage that, as a necessary measure for protection of the invested interests of Japanese
capitalists, no mines in the neighbourhood of those owned by the Han-Yeh-Ping Company shall be permitted, without the consent of the
said Company, to be worked by anyone other than the Said Company; and further that whenever it is proposed to take any other measure
which may likely affect the interests of the said Company directly or indirectly, the consent of the said Company shall first be
obtained.
Group IV
The Japanese Government and the Chinese Government, with the object of effectively preserving the territorial
integrity of China, agree to the following article:
Article 1
The Chinese Government engage not to cede or lease to any other Power any harbour or bay on or any island along
the coast of China.
Group V
Article 1
The Chinese Central Government to engage influential Japanese as political, financial, and military advisers.
Article 2
The Chinese Government to grant the Japanese hospitals, temples, and schools in the interior of China the right
to own land.
Article 3
In the face of many police disputes which have hitherto arisen between Japan and China, causing no little annoyance
the police in localities (in China), where such arrangement: are necessary, to be placed under joint Japanese and Chinese administration,
or Japanese to be employed in police office in such localities, so as to help at the same time the improvement of the Chinese Police
Service.
Article 4
China to obtain from Japan supply of a certain quantity of arms, or to establish an arsenal in China under joint
Japanese and Chinese management and to be supplied with experts and materials from Japan.
Article 5
In order to help the development of the Nanchang-Kiukiang Railway, with which Japanese capitalists are so closely
identified, and with due regard to the negotiations which have been pending between Japan and China in relation to the railway question
in South China, China to agree to give to Japan the right of constructing a railway to connect Wuchang with the Kiukiang-Nanchang
and Hangchou and between Nanchang and Chaochou.
Article 6
In view of the relations between the Province of Fukien and Formosa and of the Agreement respecting the
non-alienation of that province, Japan to be consulted first whenever foreign capital is needed in connection with the railways,
mines, and harbour works (including dockyards) in the Province of Fukien.
Article 7
China to grant to Japanese subjects the right of preaching in China.
In Japanese the Twenty-One Demands are called Taika Nijūikkajō Yōkyū
対華二十一ヵ条要求.
Negotiations between Japan and China’s Yuan Shikai administration in the aftermath of the Twenty-One Demands resulted
in an agreement which did not include the demands in Group 5, signed on May 25, 1915 under the name "Sino-Japanese Agreement"
(Zhong Ri xinyue 中日新約) aka "Treaties of the Fourth Year of the Republic" (min si tiaoyue 民四條約), comprising
the "Treaty Respecting the Province of Shandong" (guanyu Shandong zhi tiaoyue 關於山東之條約), the "Treaty Respecting
Southern Manchuria and Eastern Inner Mongolia" (guanyu nan Manzhou ji dongbu Neimenggu zhi tiaoyue 關於南滿洲及東部內蒙古之條約),
the "Exchange of Notes Respecting the Matter of Hanyehping" (guanyu Hanyeping shixiang zhi huanwen 關於漢冶萍事項之換文),
the "Exchange of Notes Respecting the Restoration of the Leased Territory of Jiaozhou Bay" (guanyu jiaohuan Jiaoao zhi huanwen
關於交還膠澳之換文), and the "Exchange of Notes Respecting the Fujian Question" (guanyu Fujian shixiang zhi huanwen
關於福建事項之換文).
Part IV: German rights
and interests outside Germany
[...]
Section II. China
ARTICLE 128
Germany renounces in favour of China all benefits and privileges resulting from the provisions of the final Protocol
signed at Peking on September 7, 1901, and from all annexes, notes and
documents supplementary thereto. She likewise renounces in favour of China any claim to indemnities accruing thereunder subsequent to March 14, 1917.
ARTICLE 129
From the coming into force of the present Treaty the High Contracting Parties shall
apply, in so far as concerns them respectively:
1. The Arrangement of August 29, 1902, regarding the new Chinese customs tariff;
2. The Arrangement of September 27, 1905, regarding Whang-Poo (黄浦), and the provisional
supplementary arrangement of April 4, 1912. China, however, will no longer be
bound to grant to Germany the advantages or privileges which she allowed Germany under these Arrangements.
ARTICLE 130
Subject to the provisions of Section VIII of this Part, Germany cedes to China all the
buildings, wharves and pontoons, barracks, forts, arms and munitions of war,
vessels of all kinds, wireless telegraphy installations and other public
property belonging to the German Government, which are situated or may be in
the German Concessions at Tientsin (天津) and Hankow (漢口) or elsewhere in Chinese territory. It is understood,
however, that premises used as diplomatic or consular residences or offices are
not included in the above cession, and, furthermore, that no steps shall be
taken by the Chinese Government to dispose of the German public and private
property situated within the so-called Legation Quarter (東交民巷) at Peking (北京) without the consent of the
Diplomatic Representatives of the Powers which, on the coming into force of the
present Treaty, remain Parties to the Final Protocol of September 7, 1901.
ARTICLE 131
Germany undertakes to restore to China within twelve months from the coming into force
of the present Treaty all the astronomical instruments which her troops in
1900-1901 carried away from China, and to defray all expenses which may be
incurred in effecting such restoration, including the expenses of dismounting,
packing, transporting, insurance and installation in Peking.
ARTICLE 132
Germany agrees to the abrogation of the
leases from the Chinese Government under which the German Concessions at
Hankow and Tientsin are now held. China, restored to the full exercise of her
sovereign rights in the above areas, declares her intention of opening them to
international residence and trade. She further declares that the abrogation of
the leases under which these concessions are now held shall not affect the
property rights of nationals of Allied and Associated Powers who are holders of
lots in these concessions.
ARTICLE 133
Germany waives all claims against the
Chinese Government or against any Allied or Associated Government arising out
of the internment of German nationals in China and their repatriation. She
equally renounces all claims arising out of the capture and condemnation of
German ships in China, or the liquidation, sequestration or control of German
properties, rights and interests in that country since August 14, 1917. This
provision, however, shall not affect the rights of the parties interested in
the proceeds of any such liquidation, which shall be governed by the provisions
of Part X (Economic Clauses) of the present Treaty.
ARTICLE 134
Germany renounces in favour of the
Government of His Britannic Majesty the German State property in the British
Concession at Shameen (沙面) at Canton (廣州). She renounces in favour of the French and Chinese
Governments conjointly the property of the German school situated in the
French Concession at Shanghai (上海).
[...]
Section VIII. Shantung
ARTICLE 156
Germany renounces, in favour of Japan, all her rights, title and privileges particularly those
concerning the territory of Kiaochow (膠州), railways, mines and submarine
cables which she acquired in virtue of the Treaty concluded by her with China
on March 6 1898, and of all other arrangements relative to the Province of
Shantung (山東). All German rights in the
Tsingtao-Tsinanfu Railway (膠濟鐵路), including its branch lines
together with its subsidiary property of all kinds, stations, shops, fixed and
rolling stock, mines, plant and material for the exploitation of the mines, are
and remain acquired by Japan, together with all rights and privileges attaching
thereto. The German State submarine cables from Tsingtao (青島) to Shanghai and from Tsingtao
to Chefoo (芝罘), with all the rights,
privileges and properties attaching thereto, are similarly acquired by Japan,
free and clear of all charges and encumbrances.
ARTICLE 157
The movable and immovable property owned by the German State in the territory of
Kiaochow, as well as all the rights which Germany might claim in consequence of
the works or improvements made or of the expenses incurred by her, directly or
indirectly, in connection with this territory, are and remain acquired by
Japan, free and clear of all charges and encumbrances.
ARTICLE 158
Germany shall hand over to Japan within three months from the coming into force of the
present Treaty the archives, registers, plans, title-deeds and documents of
every kind, wherever they may be, relating to the administration, whether
civil, military, financial, judicial or other, of the territory of Kiaochow.
Within the same period Germany shall give particulars to Japan of all treaties,
arrangements or agreements relating to the rights, title or privileges referred
to in the two preceding Articles.
[...]
🛑 EDITOR'S NOTE ===============
The Treaty of Versailles (in French: Traité de Versailles, in Chinese: Fanersai tiaoyue 凡爾賽條約 or
Fanersai heyue 凡爾賽和約, in Japanese Verusaiyu Jōyaku ヴェルサイユ条約)
was signed on June 28, 1919 during the Paris Peace Conference which took place between Jan. 18, 1919 and Jan. 21, 1920. Members
of the Chinese delegation included Lou Tseng-tsiang (陸徵祥), Wellington Koo (顧維鈞), Thomas Wang (王正廷), Alfred Sao-ke Sze
(施肇基), Wei Chen-zu (魏宸組), and Tsao Ju-lin (曹汝霖), leading members of the large Japanese delegation were Marquess Saionji
Kinmochi (西園寺公望), Baron Makino Nobuaki (牧野伸顕), Viscount Chinda Sutemi (珍田捨巳), Matsui Keishirō (松井慶四郎),
and Ijuin Hikokichi (伊集院彦吉). Signatories were the German Reich, the Allied Powers (France, the British Empire, Italy, Japan,
and the United States) and other countries including Belgium, Bolivia, Brazil, Cuba, Czechoslovakia, Ecuador, Greece, Guatemala,
Haiti, Hejaz (= today's Saudi Arabia), Honduras, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Romania, Siam (= today's
Thailand), Uruguay, and Yugoslavia as as well as Australia, Canada, South Africa, India, and New Zealand as part of the
British Empire. China's representatives refused to sign the treaty because many former German concessions in China were
not returned but handed to Japan instead.
Article 8 reaffirmed by Protocol, 23 December 1936
Convention on the Rights and Duties of States
This treaty was signed at the International Conference of American
States in Montevideo, Uruguay on December 26, 1933. It entered into force on December 26, 1934. The treaty discusses the definition and rights of
statehood.
The Governments represented in the Seventh International Conference
of American States:
Wishing to conclude a Convention on Rights and Duties of States, have
appointed the following Plenipotentiaries:
Honduras: MIGUEL PAZ BARAONA; AUGUSTO C. COELLO; LUIS
BOGRAN
United States of America: CORDELL HULL; ALEXANDER W. WEDDELL; J. REUBEN
CLARK; J. BUTLER WRIGHT; SPRUILLE BRADEN; Miss SOPHONISBA P. BRECKINRIDGE
El Salvador: HECTOR DAVID CASTRO; ARTURO RAMON AVILA; J. CIPRIANO
CASTRO
Dominican Republic: TULIO M. CESTERO
Haiti: JUSTIN BARAU; FRANCIS SALGADO; ANTOINE PIERRE-PAUL; EDMOND MANGONES
Argentina: CARLOS SAAVEDRA LAMAS; JUAN F. CAFFERATA; RAMON
S. CASTILLO; CARLOS BREBBIA; ISIDORO RUIZ MORENO; LUIS A. PODESTA COSTA; RAUL
PREBISCH; DANIEL ANTOKOLETZ
Venezuela: CESAR ZUMETA; LUIS CHURTON; JOSE RAFAEL MONTTLLA
Uruguay: ALBERTO MANE; JUAN JOSE AMEZAGA; JOSE G. ANTUNA;
JUAN CARLOS BLANCO; Senora SOFIA A. V. DE DEMICHELI; MARTIN R. ECHEGOYEN; LUIS
ALBERTO DE HERRERA; PEDRO MANINI RIOS; MATEO MARQUES CASTRO; RODOLFO MEZZERA;
OCTAVIO MORAT; LUIS MORQUIO; TEOFILO PINEYRO CHAIN; DARDO REGULES; JOSE SERRATO;
JOSE PEDRO VARELA
Paraguay: JUSTO PASTOR BENITEZ; GERONIMO RIART; HORACIO A.
FERNANDEZ; Senorita MARIA F. GONZALEZ
Mexico: JOSE MANUEL PUIG CASAURANC; ALFONSO REYES; BASILIO
VADILLO; GENARO V. VASQUEZ; ROMEO ORTEGA; MANUEL J. SIERRA; EDUARDO SUAREZ
Panama: J. D. AROSEMENA; EDUARDO E. HOLGUIN; OSCAR R. MULLER; MAGIN PONS
Bolivia: CASTO ROJAS; DAVID ALVESTEGUI; ARTURO PINTO ESCALIER
Guatemala: ALFREDO SKINNER KLEE; JOSE GONZALEZ CAMPO; CARLOS
SALAZAR; MANUEL ARROYO
Brazil: AFRANIO DE MELLO FRANCO; LUCILLO A DA CUNHA BUENO;
FRANCISCO LUIS DA SILVA CAMPOS; GILBERTO AMADO; CARLOS CHAGAS; SAMUEL RIBEIRO
Ecuador: AUGUSTO AGUIRRE APARICIO; HUMBERTO ALBORNOZ; ANTONIO
PARRA; CARLOS PUIG VILASSAR; ARTURO SCARONE
Nicaragua: LEONARDO ARGUELLO; MANUEL CORDERO REYES; CARLOS CUADRA
PASOS
Colombia: ALFONSO LOPEZ; RAIMUNDO RIVAS; JOSE CAMACEO CARRENO
Chile: MIGUEL CRUCHAGA TOCORNAL; OCTAVIO SENORET SILVA; GUSTAVO
RIVERA; JOSE RAMON GUTIERREZ; FELIX NIETO DEL RIO; FRANCISCO FIGUEROA SANCHEZ; BENJAMIN
COHEN
Peru: ALFREDO SOLE Y MURO; FELIPE BARREDA LAOS; LUIS FERNAN CISNEROS
Cuba: ANGEL ALBERTO GIRAUDY; HERMINIO PORTELL VILA; ALFREDO NOGUEIRA
Who, after having exhibited their Full Powers, which were found to be
in good and due order, have agreed upon the following:
Article 1
The state as a person of international law should possess the
following qualifications: a ) a permanent population; b ) a defined territory;
c ) government; and d) capacity to enter into relations with the other states.
Article 2
The federal state shall constitute a sole person in the eyes of
international law.
Article 3
The political existence of the state is independent of recognition by
the other states. Even before recognition the state has the right to defend its
integrity and independence, to provide for its conservation and prosperity, and
consequently to organize itself as it sees fit, to legislate upon its interests,
administer its services, and to define the jurisdiction and competence of its
courts.
The exercise of these rights has no other
limitation than the exercise of the rights of other states according to
international law.
Article 4
States are juridically equal, enjoy the same rights, and have equal
capacity in their exercise. The rights of each one do not depend upon the power
which it possesses to assure its exercise, but upon the simple fact of its
existence as a person under international law.
Article 5
The fundamental rights of states are not susceptible of being
affected in any manner whatsoever.
Article 6
The recognition of a state merely signifies that the state which
recognizes it accepts the personality of the other with all the rights and
duties determined by international law. Recognition is unconditional and
irrevocable.
Article 7
The recognition of a state may be express or tacit. The latter
results from any act which implies the intention of recognizing the new state.
Article 8
No state has the right to intervene in the internal or external
affairs of another.
Article 9
The jurisdiction of states within the limits of national territory
applies to all the inhabitants.
Nationals and foreigners are under the same
protection of the law and the national authorities and the foreigners may not
claim rights other or more extensive than those of the nationals.
Article 10
The primary interest of states is the conservation of peace.
Differences of any nature which arise between them should be settled by
recognized pacific methods.
Article 11
The contracting states definitely establish as the rule of their
conduct the precise obligation not to recognize territorial acquisitions or
special advantages which have been obtained by force whether this consists in
the employment of arms, in threatening diplomatic representations, or in any
other effective coercive measure. The territory of a state is inviolable and
may not be the object of military occupation nor of other measures of force
imposed by another state directly or indirectly or for any motive whatever even
temporarily.
Article 12
The present Convention shall not affect obligations previously
entered into by the High Contracting Parties by virtue of international
agreements.
Article 13
The present Convention shall be ratified by the High Contracting
Parties in conformity with their respective constitutional procedures. The
Minister of Foreign Affairs of the Republic of Uruguay shall transmit authentic
certified copies to the governments for the aforementioned purpose of
ratification. The instrument of ratification shall be deposited in the archives
of the Pan American Union in Washington, which shall notify the signatory
governments of said deposit. Such notification shall be considered as an
exchange of ratifications.
Article 14
The present Convention will enter into force between the High
Contracting Parties in the order in which they deposit their respective
ratifications.
Article 15
The present Convention shall remain in force indefinitely but may be
denounced by means of one year's notice given to the Pan American Union, which
shall transmit it to the other signatory governments. After the expiration of
this period the Convention shall cease in its effects as regards the party
which denounces but shall remain in effect for the remaining High Contracting
Parties.
Article 16
The present Convention shall be open for the adherence and accession
of the States which are not signatories. The corresponding instruments shall be
deposited in the archives of the Pan American Union which shall communicate
them to the other High Contracting Parties.
In witness whereof, the following
Plenipotentiaries have signed this Convention in Spanish, English, Portuguese
and French and hereunto affix their respective seals in the city of Montevideo, Republic of Uruguay, this 26th day of December, 1933.
Reservations
The Delegation of the United States of America, in signing the
Convention on the Rights and Duties of States, does so with the express
reservation presented to the Plenary Session of the Conference on December 22, 1933, which reservation reads as follows:
The Delegation of the United States, in voting "yes"
on the final vote on this committee recommendation and proposal, makes the same
reservation to the eleven articles of the project or proposal that the United
States Delegation made to the first ten articles during the final vote in the
full Commission, which reservation is in words as follows:
"The policy and attitude of the United States
Government toward every important phase of international relationships in this
hemisphere could scarcely be made more clear and definite than they have been
made by both word and action especially since March 4. I [Secretary of State
Cordell Hull, chairman of U.S. delegation] have no disposition therefore to
indulge in any repetition or rehearsal of these acts and utterances and shall
not do so. Every observing person must by this time thoroughly understand that
under the Roosevelt Administration the United States Government is as much
opposed as any other government to interference with the freedom, the
sovereignty, or other internal affairs or processes of the governments of other
nations.
"In addition to numerous acts and utterances
in connection with the carrying out of these doctrines and policies, President
Roosevelt, during recent weeks, gave out a public statement expressing his
disposition to open negotiations with the Cuban Government for the purpose of
dealing with the treaty which has existed since 1903. I feel safe in
undertaking to say that under our support of the general principle of
non-intervention as has been suggested, no government need fear any
intervention on the part of the United States under the Roosevelt
Administration. I think it unfortunate that during the brief period of this
Conference there is apparently not time within which to prepare interpretations
and definitions of these fundamental terms that are embraced in the report.
Such definitions and interpretations would enable every government to proceed
in a uniform way without any difference of opinion or of interpretations. I
hope that at the earliest possible date such very important work will be done.
In the meantime in case of differences of interpretations and also until they
(the proposed doctrines and principles) can be worked out and codified for the
common use of every government, I desire to say that the United States
Government in all of its international associations and relationships and
conduct will follow scrupulously the doctrines and policies which it has
pursued since March 4 which are embodied in the different addresses of
President Roosevelt since that time and in the recent peace address of myself
on the 15th day of December before this Conference and in the law of nations as
generally recognized and accepted".
The delegates of Brazil and Peru recorded the
following private vote with regard to article 11: "That they accept the
doctrine in principle but that they do not consider it codifiable because there
are some countries which have not yet signed the Anti-War Pact of Rio de
Janeiro 4 of which this doctrine is a part and therefore it does not yet
constitute positive international law suitable for codification".
Honduras: M. PAZ BARAONA; AUGUSTO C. COELLO; Luls BOGRXN
United States of America: ALEXANDER W. WEDDELL; J. BUTLER WRIGUT
El Salvador: HECTOR DAVID CASTRO; ARTURO R. AVILA
Dominican Republic: TULIO M. CESTERO
Haiti: J. BARAU; F. SALGADO; EDMOND MANGONES; A. PRRE. PAUL
Argentina: CARLOS SAAVEDRA LAMAS; JUAN F. CAFFERATA; RAMON S.
CASTILLO; I. Rulz MORENO; L. A. PODESTA COSTA; D. ANTOKOLETZ
Venezuela: LUIS CHURION; J. R. MONTILLA
Uruguay: A. MANE; JOSE PEDRO VARELA; MATEO MARQuEs CASTRO;
DARDO REGULES; SOFIA ALVAREZ VIGNOLI DE DEMICIIELI; TEOFILO PINEYRO CHAIN; LUIS
A. DE HERRERA; MARTIN R. EcnEcoYEN; JOSE G. ANTUNA; J. C. BLANCO; PEDRO MANINI
RIOS; RODOLFO MEZZERA; OCTAVTO MORATO; LUIS MOROQUIO; JOSE SERRATO
Paraguay: JUSTO PASTOR BENITEZ; MARIA F. GONZALEZ
Mexico: B. VADILLO; M. J. STERRA; EDUARDO SUAREZ
Panama: J. D. AROSEMENA; MAGIN PONS; EDUARDO E. HOLGUIN
Guatemala: M. ARROYO
Brazil: LUCILLO A. DA CUNHA BUENO; GILBERTO AMADO
Ecuador: A. AGUIRRE APARICIO; H. ALBORNOZ; ANTONIO PARRA
V.; C. PUIG V.; ARTURO SCARONE
Nicaragua: LEONARDO ARGUELLO; M. CORDERO REYES; CARLOS CUADRA PASOS
Colombia: ALFONSO LOPEZ; RAIMUNDO RIVAS
Chile: MIGUEL CRUCHAGA; J. RAMON GUTIERREZ; F. FIGUEROA; F. NIETO DEL RIO; B. COHEN
Peru: (with the reservation set forth) ALFREDO SOLF Y MURO
Cuba: ALBERTO GIRAUDY; HERMINIO PORTELL VILA; ING. NOGUEIRA
🛑 EDITOR'S NOTE ===============
The "Montevideo Convention on the Rights and Duties of States" is translated as Mengteweiduo guojia quanli yiwu
gongyue 蒙特維多國家權利義務公約 in Chinese.
Japan's national policy has always aimed at the domination of Asia and mastery of the
Pacific. For more than four years China has resolutely resisted Japan's
aggression, regardless of suffering and sacrifice, in order not only to
maintain her national independence and freedom but also to uphold international
law and justice and to promote world peace and human happiness.
China is a peace-loving nation. In taking up arms in
self-defense, China entertained the hope that Japan might yet realise the
futility of her plans of conquest. Throughout the struggle all the other powers
have shown the utmost forbearance likewise in the hope that Japan might one day
repent and mend her ways in the interest of peace in the entire Pacific region.
Unfortunately Japan's aggressive capacities prove to be
incorrigible. After her long and fruitless attempt to conquer China, Japan, far
from showing any signs of penitence, has treacherously launched an attack on
China's friends, the United States and Great Britain, thus extending the
theater of her aggressive activities and making herself the arch-enemy of
justice and world peace.
This latest act of aggression on the part of Japan lays
bare her insatiable ambitions and has created a situation that no nation which
believes in international good faith and human decency can tolerate.
The Chinese Government hereby formally declares war on
Japan. The Chinese Government further declares that all treaties, conventions,
agreements and contracts regarding relations between China and Japan are and
remain null and void.
(Subscribing to the Principles of the Atlantic Charter, January 1, 1942)
A Joint Declaration by the United States of America, the United Kingdom of Great
Britain and Northern Ireland, the Union of Soviet Socialist Republics, China,
Australia, Belgium, Canada, Costa Rica, Cuba, Czechoslovakia, Dominican
Republic, El Salvador, Greece, Guatemala, Haiti, Honduras, India, Luxembourg,
Netherlands, New Zealand, Nicaragua, Norway, Panama, Poland, South Africa,
Yugoslavia.
The Governments signatory hereto,
Having subscribed to a common
program of purposes and principles embodied in the Joint Declaration of the
President of United States of America and the Prime Minister of the United
Kingdom of Great Britain and Northern Ireland dated August 14, 1941, known as
the Atlantic Charter.
Being convinced that complete
victory over their enemies is essential to defend life, liberty, independence
and religious freedom, and to preserve human rights and justice in their own
lands as well as in other lands, and that they are now engaged in a common
struggle against savage and brutal forces seeking to subjugate the world,
DECLARE:
(1) Each Government pledges
itself to employ its full resources, military or economic, against those members
of the Tripartite Pact and its adherents with which such government is at war.
(2) Each Government pledges
itself to cooperate with the Governments signatory hereto and not to make a
separate armistice or peace with the enemies.
The foregoing declaration may be adhered to by other nations which are, or which
may be, rendering material assistance and contributions in the struggle for
victory over Hitlerism.
DONE at Washington
January First, 1942
[The signatories to the Declaration by United Nations are as listed above.]
President Roosevelt, Generalissimo Chiang Kai-shek and Prime
Minister Mr. Churchill, together with their respective military and diplomatic
advisers, have completed a conference in North Africa. The following general
statement was issued:
"The several military missions
have agreed upon future military operations against Japan. The Three Great
Allies expressed their resolve to bring unrelenting pressure against their
brutal enemies by sea, land, and air. This pressure is already rising.
"The Three Great Allies are
fighting this war to restrain and punish the aggression of Japan. They covet no
gain for themselves and have no thought of territorial expansion. It is their
purpose that Japan shall be stripped of all the islands in the Pacific which
she has seized or occupied since the beginning of the first World War in 1914,
and that all the territories Japan has stolen from the Chinese, such as
Manchuria, Formosa, and The Pescadores, shall be restored to the Republic of
China. Japan will also be expelled from all other territories which she has
taken by violence and greed. The aforesaid three great powers, mindful of the
enslavement of the people of Korea, are determined that in due course Korea
shall become free and independent.
"With these objects in view the
three Allies, in harmony with those of the United Nations at war with Japan,
will continue to persevere in the serious and prolonged operations necessary to
procure the unconditional surrender of Japan."
The Cairo Conference was attended by US President Franklin D. Roosevelt, British Prime Minister Winston Churchill
and ROC President Chiang Kai-shek 蔣介石 and took place Nov. 22–26, 1943. The Cairo Declaration (also called
"Cairo Communique") was not a treaty, was not signed, and was released via radio broadcast on Dec. 1, 1943. It is
called Kairo sengen カイロ宣言 in Japanese.
WHEREAS the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; and
WHEREAS it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which the peace of the world depends;
THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically;
Have accordingly concluded this Convention to that end.
Part I. Air Navigation
CHAPTER 1: GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION
Article 1
Sovereignty
The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.
Article 2
Territory
For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.
Article 3
Civil and state aircraft
(a) This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft. (b) Aircraft used in military, customs and police services shall be deemed to be state aircraft. (c) No state aircraft of a contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof. (d) The contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft.
Article 4
Misuse of civil aviation
Each contracting State agrees not to use civil aviation for any purpose inconsistent with the alms of this Convention.
CHAPTER II: FLIGHT OVER TERRITORY OF CONTRACTING STATES
Article 5
Right of non-scheduled flight
Each contracting State agrees that all aircraft of the other contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit nonstop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights. Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable.
Article 6
Scheduled air services
No scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization.
Article 7
Cabotage
Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State.
Article 8
Pilotless aircraft
No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a contracting State without special authorization by that State and in accordance with the terms of such authorization. Each contracting State undertakes to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft.
Article 9
Prohibited areas
(a) Each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly the aircraft of other States from flying over certain areas of its territory, provided that no distinction in this respect is made between the aircraft of the State whose territory ls involved, engaged in international scheduled airline services, and the aircraft of the other contracting States likewise engaged. Such prohibited areas shall be of reasonable extent and location so &s not to lnterfered unnecessarily with air navigation. Descriptions of such prohibited areas in the territory of a contracting State, as well as any subsequent alterations therein, shall be communicated as soon as possible to the other contracting States and to the International Civil Aviation Organization. (b) Each contracting State reserves also the right, in exceptional circumstances or during a period of emergency, or in the interest of public safety, and with immediate effect, temporarily to restrict or prohibit flying over the whole or any part of its territory, on condition that such restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States. (c) Each contracting State, under such regulations as it may prescribe, may require any aircraft entering the areas contemplated in subparagraphs (a) or (b) above to effect a landing as soon as practicable thereafter at some designated airport within its territory.
Article 10
Landing at customs airport
Except in a case where, under the terms of this Convention or a special authorization, aircraft are permitted to cross the territory of a contracting State without landing, every aircraft which enters the territory of a contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organization established under Part II of this Convention for communication to all other contracting States.
Article 11
Applicability of air regulations
Subject to the provisions of this Convention, the laws and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State.
Article 12
Rules of the air
Each contracting State undertakes to adopt measures to insure that every aircraft flying over or maneuvering within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.
Article 13
Entry and clearance regulations
The laws and regulations of a contracting State as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State.
Article 14
Prevention of spread of disease
Each contracting State agrees to take effective measures to prevent the spread by means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague, and such other communicable diseases as the contracting States shall from time to time decide to designate, and to that end contracting States will keep in close consultation with the agencies concerned with international regulations relating to sanitary measures applicable to aircraft. Such consultation shall be without prejudice to the application of any existing international convention on this subject to which the contracting States may be parties.
Article 15
Airport and similar charges
Every airport in a contracting State which is open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to the use, by aircraft of every contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for the safety and expedition of air navigation. Any charges that may be imposed or permitted to be imposed by a contracting State for the use of such airports and air navigation facilities by the aircraft of any other contracting State shall not be higher, (a) As to aircraft not engaged in scheduled international air services, than those that would be paid by its national aircraft of the same class engaged in similar operations, and (b) As to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft engaged in similar international air services. All such charges shall be published and communicated to the International Civil Aviation Organization: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any contracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon.
Article 16
Search of aircraft
The appropriate authorities of each of the contracting States shall have the right, without unreasonable delay, to search aircraft of the other contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention.
CHAPTER III: NATIONALITY OF AIRCRAFT
Article 17
Nationality of aircraft
Aircraft have the nationality of the State in which they are registered.
Article 18
Dual registration
An aircraft cannot be validly registered in more than one State, but its registration may be changed from one State to another.
Article 19
National laws governing registration
The registration or transfer of registration of aircraft in any contracting State shall be made in accordance with its laws and regulations.
Article 20
Display of marks
Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks.
Article 21
Report of registrations
Each contracting State undertakes to supply to any other contracting State or to the International Civil Aviation Organization, on demand, information concerning the registration and ownership of any particular aircraft registered in that State. In addition, each contracting State shall furnish reports To the International Civil Aviation Organization, under such regulations as the latter may prescribe, giving such pertinent date as can be made available concerning the ownership and control of aircraft registered in that State and habitually engaged in international air navigation. The data thus obtained by the International Civil Aviation Organization shall be made available by it on request to the other contracting States.
CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
Article 22
Facilitation of formalities
Each contracting State agrees to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of contracting States, and to prevent unnecessary delays to aircraft, crews, passengers and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance.
Article 23
Customs and immigration procedures
Each contracting State undertakes, so far as it may find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time, pursuant to this Convention. Nothing in this Convention shell be construed as preventing the establishment of customs-free airports.
Article 24
Customs duty
(a) Aircraft on a flight to, from, or across the territory of another contracting State shall be admitted temporarily free of duty, subject to the customs regulations of the State. Fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft of a contracting State, on arrival in the territory of another contracting State and retained on board on leaving the territory of that State shall be exempt from customs duty, inspection fees or similar national or local duties and charges. This exemption shall not apply to any quantities or articles unloaded, except in accordance with the customs regulations of the State, which may require that they shall be kept under customs supervision. (b) Spare parts and equipment imported into the territory of a contracting State for incorporation in or use on an aircraft of another contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State concerned, which may provide that the articles shall be kept under customs supervision and control.
Article 25
Aircraft in distress
Each contracting State undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered to provide such measures of assistance as may be necessitated by the circumstances. Each contracting State, when undertaking search for missing aircraft, will collaborate in coordinated measures which may be recommended from time to time pursuant to this Convention.
Article 26
Investigation of accidents
In the event of an accident to an aircraft of a contracting State occurring in the territory of another contracting State, and involving death or serious injury, or indicating serious technical defect in the aircraft or air navigation facilities, the State in which the accident occurs will institute an inquiry into the circumstances of the accident, in accordance, so far as its laws permit, with the procedure which may be recommended by the International Civil Aviation Organization. The State in which the aircraft is registered shall be given the opportunity to appoint observers to be present at the inquiry and the State holding the inquiry shall communicate the report and findings in the matter to that State.
Article 27
Exemption from seizure on patent claims
(a) While engaged in international air navigation, any authorized entry of aircraft of a contracting State into the territory of another contracting State or authorized transit across the territory of such State with or without landings shall not entail any seizure or detention of the aircraft or any claim against the owner or operator thereof or any other interference therewith by or on behalf of such State or any person therein, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is an infringement of any patent, design, or model duly granted or registered in the State whose territory is entered by the aircraft, it being agreed that no deposit of security in connection with the foregoing exemption from seizure or detention of the aircraft shall in any case be required in the State entered by such aircraft. (b) The provisions of paragraph (a) of this Article shall also be applicable to the storage of spare parts and spare equipment for the aircraft and the right to use and install the same in the repair of an aircraft of a contracting State in the territory of any other contracting State, provided that any patented part or equipment so stored shall not be sold or distributed internally in or exported commercially from the contracting State entered by the aircraft. (c) The benefits of this Article shall apply only to such States, parties to this Convention, as either (1) are parties to the International Convention for the Protection of Industrial Property and to any amendments thereof; or (2) have enacted patent laws which recognize and give adequate protection to inventions made by the nationals of the other States parties to this Convention.
Article 28
Air navigation facilities and standard systems
Each contracting State undertakes, so far as it may find practicable, to: (a) Provide, in its territory, airports, radio services, meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or established from time to time, pursuant to this Convention; (b) Adopt and put into operation the appropriate standard systems of communications procedure, codes, markings, signals, lighting and other operational practices and rules which may be recommended or established from time to time, pursuant to this Convention; (c) Collaborate in international measures to secure the publication of aeronautical maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention.
CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 29
Documents carried in aircraft
Every aircraft of a contracting State, engaged in international navigation, shall carry the following documents in conformity with the conditions prescribed in this Convention: (a) Its certificate of registration; (b) Its certificate of airworthiness; (c) The appropriate licenses for each member of the crew; (d) Its journey log book; (e) If it is equipped with radio apparatus, the aircraft radio station license; (f) If it carries passengers, a list of their names and places of and destination; (g) If it carries cargo, a manifest and detailed declarations of the cargo.
Article 30
Aircraft radio equipment
(a) Aircraft of each contracting State may, in or over the territory of other contracting States, carry radio transmitting apparatus only if a license to install and operate such apparatus has been issued by the appropriate authorities of the State in which the aircraft is registered. The use of radio transmitting apparatus in the territory of the contracting State whose territory is flown over shall be in accordance with the regulations prescribed by that State. (b) Radio transmitting apparatus may be used only by members of the flight crew who are provided with a special license for the purpose, issued by the appropriate authorities of the State in which the aircraft is registered.
Article 31
Certificates of airworthiness
Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered.
Article 32
Licenses of personnel
(a) The pilot of every aircraft and the other members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competency and licenses issued or rendered valid by the State in which the aircraft is registered. (b) Each contracting State reserves the right to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to any of its nationals by another contracting State.
Article 33
Recognition of certificates and licenses
Certificates of airworthiness and certificates of competency and licenses issued or rendered valid by the contracting State in which the aircraft is registered, shall be recognized as valid by the other contracting States, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention.
Article 34
Journey log books
There shall be maintained in respect of every aircraft engaged in international navigation a Journey log book in which shall be entered particulars of the aircraft, its crew and of each Journey, in such form as may be prescribed from time to time pursuant to this Convention.
Article 35
Cargo restrictions
(a) No munitions of war or implements of war may be carried in or above the territory of a State in aircraft engaged in international navigation, except by permission of such State. Each State shall determine by regulations what constitutes munitions of war or implements of war for the purposes of this Article, giving due consideration, for the purposes of uniformity, to such recommendations as the International Civil Aviation Organization may from time to time make. (b) Each contracting State reserves the right, for reasons of public-order and safety, to regulate or prohibit the carriage in or above its territory of articles other than those enumerated in paragraph (a): provided that no distinction is made in this respect between its national aircraft engaged in international navigation and the aircraft of the other States so engaged; and provided further that no restriction shell be imposed which may interfere with the carriage and use on aircraft of apparatus necessary for the operation or navigation of the aircraft or the safety of the personnel or passengers.
Article 36
Photographic apparatus
Each contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory.
CHAPTER VI: INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES
Article 37
Adoption of international procedures
Each contracting State undertakes to collaborate standards and 1in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with: (a) Communications systems and air navigation aids, including ground marking; (b) Characteristics of airports and landing strips; (c) Rules of the air and air traffic control practices; (d) Licensing of operating and mechanical personnel; (e) Airworthiness of aircraft; (f) Registration and identification of aircraft; (g) Collection and exchange of meteorological information; (h) Log books; (i) Aeronautical maps and charts; (j) Customs and immigration procedures; (k) Aircraft in distress and investigation of accidents; and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate.
Article 38
Departures from international standards and procedures
Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, the Council shall make immediate notification to all other states of the difference which exists between one or more features of an international standard and the corresponding national practice of that State.
Article 39
Endorsement of certificates and licenses
(a) Any aircraft or part thereof with respect to which there exists an 1ntérnational standard of airworthiness or performance, and which failed in any respect to satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed. (b) Any person holding a license who does not satisfy in full the conditions laid down in the international standard relating to the class of license or certificate which he holds shall have endorsed on or attached to his license a complete enumeration of the particulars in which he does not satisfy such conditions.
Article 40
Validity of endorsed certificates and licenses
No aircraft or personnel having certificates or licenses so endorsed shall participate in international navigation, except with the permission of the State or States whose territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported.
Article 41
Recognition of existing standards of airworthiness
The provisions of this Chapter shall not apply to aircraft and aircraft equipment of types of which the prototype is submitted to the appropriate national authorities for certification prior to a date three years after the date of adoption of an international standard of airworthiness for such equipment.
Article 42
Recognition of existing standards of competency
The provisions of this Chapter shall not apply to personnel whose licenses are originally issued of personnel prior to a date one year after initial adoption of an international standard of qualification for such personnel; but they shall in any case apply to all personnel whose licenses remain valid five years after the date of adoption of such standard.
Part II. The International Civil Aviation Organization
CHAPTER VII: THE ORGANIZATION
Article 43
Name and composition
An organization to be named the International Civil Aviation Organization is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary.
Article 44
Objectives
The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to: (a) Insure the safe and orderly growth of international civil aviation throughout the world; (b) Encourage the arts of aircraft design and operation for peaceful purposes; (c) Encourage the development of airways, airports, and air navigation facilities for international civil aviation; (d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; (e) Prevent economic waste caused by unreasonable competition; (f) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; (g) Avoid discrimination between contracting States; (h) Promote safety of flight in international air navigation; (i) Promote generally the development of all aspects of international civil aeronautics.
Article 45
Permanent seat
The permanent seat of the Organization shall be at such place as shall be determined at the final meeting of the Interim Assembly of the Provisional International Civil Aviation Organization set up by the Interim Agreement on International Civil Aviation signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decision of the Council.
Article 46
First meeting of Assembly
The first meeting of the Assembly shall be summoned by the Interim Council of the above-mentioned Provisional Organization as soon as the Convention has come Into force, to meet at a time and place to be decided by the Interim Council.
Article 47
Legal capacity
The Organization shall enjoy in the territory of each contracting State such legal capacity as may be necessary for the performance of its functions. Full Juridical personality shall be granted wherever compatible with the constitution and laws of the State concerned.
CHAPTER VIII: THE ASSEMBLY
Article 48
Meetings of Assembly and voting
(a) The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. Extraordinary meetings of the Assembly may be held at any time upon the call of the Council or at the request of any ten contracting States addressed to the Secretary General. (b) All contracting States shall have an equal right to be represented at the meetings of the Assembly and each contracting State shall be entitled to one vote. Delegates representing contracting States may be assisted by technical advisers who may participate in the meetings but shall have no vote. (c) A majority of the contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast.
Article 49
Powers and duties of Assembly
The powers and duties of the Assembly shall be (a) Elect at each meeting its President and other officers; (b) Elect the contracting States to be represented on the Council, in accordance with the provisions of Chapter IX; (c) Examine and take appropriate action on the reports of the Council and decide on any matter referred to it by the Council; (d) its own rules of procedure and establish such subsidiary commissions as it may consider to be necessary or desirable; (e) Vote an annual budget and determine the financial arrangements of the Organization, in accordance with the provisions of Chapter XII; (f) Review expenditures and approve the accounts of the Organization; (g) Refer, at its discretion, to the Council, to subsidiary commissions, or to any other body any matter within its sphere of action; (h) Delegate to the Council the powers and authority necessary or desirable for the discharge of the duties of the Organization and revoke or modify the delegations of authority at any time; (i) Carry out the appropriate provisions of Chapter XIII; (j) Consider proposals for the modification or amendment of the provisions of this Convention and, if of the proposals, recommend them to the contracting States in accordance with the provisions of Chapter XXI; (k) Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council.
CHAPTER IX: THE COUNCIL
Article 50
Composition and election of Council
(a) The Council shall be a permanent body responsible to the Assembly. It shall be composed of twentyone contracting States elected by the Assembly. An election shall be held at the first meeting of the Assembly and thereafter every three years, and the members of the Council so elected shall hold office until the next following election. (b) In electing the members of the Council, the Assembly shall give adequate representation to (1) the States of chief importance in air transport; (2) the States not otherwise included which make the largest contribution to the provision of facilities for international civil air navigation; and (3) the States not otherwise included whose designation will insure that all the major geographic areas of the world are represented on the Council. Any vacancy on the Council shall be filled by the as soon as possible; any contracting State so elected to the Council shall hold office for the unexpired portion of its predecessor's term of office. (c) No representative of a contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service.
Article 51
President of Council
The Council shall elect its President for a term of three years. He may be reelected. He shall have no vote. The Council shall elect from among its members one or more Vice Presidents who shall retain their right to vote when serving as acting President. The President need not be selected from among the representatives of the members of the Council but, if a representative is elected, his seat shall be deemed vacant and it shall be filled by the State which he represented. The dutles of the President shall be; to: (a) Convene meetings of the Council, the Air Transport Committee, and the Air Navigation Commission; (b) Serve as representative of the Council; and (c) Carry out on behalf of the Council the functions which the Council assigns to him.
Article 52
Voting in Council
Decisions by the Council shall require approval by a majority of its members. The Council may delegate authority with respect to any particular matter to a committee of its members., Decisions of any committee of the Council may be appealed to the Council by any interested contracting State.
Article 53
Participation without a vote
Any contracting State may participate, without a vote, in the consideration by the Council and by its committees and commissions of any question which especially affects its interests. No member of the Council shell vote in the consideration by the of a dispute to which it is a party.
Article 54
Mandatory functions of Council
The Council shall: (a) Submit annual reports to the Assembly; (b) Carry out the directions of the Assembly and discharge the duties and obligations which are laid on it by this Convention; (c) Determine its organization and rules of procedure; (d) Appoint and define the duties of an Air Transport Committee, which shall be chosen from among the representatives of the members of the Council, and which shall be responsible to it; (e) Establish an Air Navigation Commission, in accordance with the provisions of Chapter X; (f) Administer the finances of the Organization in accordance with the provisions of Chapters XII end XV; (g) Determine the emoluments of the President of the Council; (h) Appoint a chief executive officer who shall be called the Secretary General, and make provision for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI; (i) Request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services, including information about the costs of operation and particulars of subsidies paid to airlines from public funds; (j) Report to contracting States any infraction of this Convention, as well as any failure to carry out recommendations or determinations of the Council; (k) Report to the Assembly any infraction of this Convention where a contracting State has failed to take appropriate action within a reasonable time after notice of the infraction; (l) Adopt, in accordance with the provisions of Chapter VI of this Convention, international standards and recommended practices; for convenience, designate them as Annexes to this Convention; and notify all contracting States of the action taken; (m) Consider recommendations of the Air Navigation Commission for amendment of the Annexes and take action in accordance with the provisions of Chapter XX; (n) Consider any matter relating to the Convention which any contracting State refers to it.
Article 55
Permissive functions of Council
The Council may: (a) Where appropriate and as experience may show to be desirable, create subordinate air transport commissions on a regional or other basis and define groups of states or airlines with or through which it may deal to facilitate the carrying out of the alms of this Convention; (b) Delegate to the Air Navigation Commission duties additional to those set forth in the Convention and revoke or modify such delegations of authority at any time; (c) Conduct research into all aspects of air transport and air navigation which are of international importance, communicate the results of its research to the contracting States, and facilitate the exchange of information between contracting States on air transport and air navigation matters; (d) Study any matters affecting the organization and operation of international air transport, including the international ownership and operation of international air services on trunk routes, and submit to the Assembly plans in relation thereto; (e) Investigate, at the request of any contracting State, any situation which may appear to present avoidable obstacles to the development of international air navigation; and, after such investigation, issue such reports as may appear to it desirable.
CHAPTER X: AIR NAVIGATION COMMISSION
Article 56
Nomination and appointment of Commission
The Air Navigation Commission shall be composed of twelve members appointed by the Council from among persons nominated by contracting States. These persons shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all contracting States to submit nominations. The President of the Air Navigation Commission shall be appointed by the Council.
Article 57
Duties of Commission
The Air Navigation Commission shall: (a) Consider, and recommend to the Council for adoption, modifications of the Annexes to this Convention; (b) Establish technical subcommissions on which any contracting State may be represented, if it so desires; (c) Advise the Council concerning the collection and communication to the contracting States of all information which it considers necessary and useful for the advancement of air navigation.
CHAPTER XI: PERSONNEL
Article 58
Appointment of personnel
Subject to any rules laid down by the Assembly and to the provisions of this Convention, the Council shall determine the method of appointment and of termination of appointment, the training, and the salaries, allowances, and conditions of service of the Secretary General and other personnel of the Organization, and may employ or make use of the services of nationals of any contracting State.
Article 59
International character of personnel
The President of the Council, the Secretary General, and other personnel shall not seek or receive instructions in regard to the discharge of their responsibilities from any authority external to the Organization. Each contracting State undertakes fully to respect the international character of the responsibilities of the personnel and not to seek to influence any of its nationals in the discharge of their responsibilities.
Article 60
Immunities and privileges of personnel
Each contracting State undertakes, so far as possible under its constitutional procedure, to accord to the President of the Council, the Secretary General, and the other personnel of the Organization, the immunities and privileges which are accorded to corresponding personnel of other public international organizations. If a general international agreement on the immunities and privileges of international civil servants is arrived at, the immunities and privileges accorded to the President, the Secretary General, and the other personnel of the Organization shall be the immunities and privileges accorded under that general international agreement.
CHAPTER XII: FINANCE
Article 61
Budget and apportionment of expenses
The Council shall submit to the Assembly an annual budget, annual statements of accounts and estimates of all receipts and expenditures. The Assembly shall vote the budget with whatever modification it sees fit to prescribe, and, with the exception of assessments under Chapter XV to States consenting thereto, shall apportion the expenses of the Organization among the contracting States on the basis which it shall from time to time determine.
Article 62
Suspension of voting power
The Assembly may suspend the voting power in the Assembly and in the Council of any contracting State that falls to discharge within a reasonable period its financial obligations to the Organization.
Article 63
Expenses of delegations and other representatives
Each contracting State shall bear the expenses of its own delegation to the Assembly and the remuneration, travel, and other expenses of any person whom it appoints to serve on the Council, and of its nominees or representatives on any subsidiary committees or commissions of the Organization.
CHAPTER XIII: OTHER INTERNATIONAL ARRANGEMENTS
Article 64
Security arrangements
The Organization may, with respect to air matters within its competence directly affecting world security, by vote of the Assembly enter into appropriate arrangements with any general organization set up by the nations of the world to preserve peace.
Article 65
Arrangements with other international bodies
The Council, on behalf of the Organization, may enter into agreements with other international bodies for the maintenance of common services and for common arrangements concerning personnel and, with the approval of the Assembly, may enter into such other arrangements as may facilitate the work of the Organization.
Article 66
Functions relating to other agreements
(a) The Organization shall also carry out the functions placed upon it by the International Air Services Transit Agreement and by the International Air Transport Agreement drawn up at Chicago on December 7, 1944, in accordance with the terms and conditions therein set forth. (b) Members of the Assembly and the Council who have not accepted the International Air Services Transit Agreement or the International Air Transport Agreement drawn up at Chicago on December 7, 1944 shall not have the right to vote on any questions referred to the Assembly or Council under the provisions of the relevant Agreement.
Part III. International Air Transport
CHAPTER XIV: INFORMATION AND REPORTS
Article 67
File reports with Council
Each contracting State undertakes that its international airlines shall, in accordance with requirements laid down by the Council, file with the Council traffic reports, cost statistics and financial statements showing among other things all receipts and the sources thereof.
CHAPTER XV: AIRPORTS AND OTHER AIR NAVIGATION FACILITIES
Article 68
Designation of routes and airports
Each contracting State may, subject to the provisions of this Convention, designate the route to be followed within its territory by any international air service and the airports which any such service may use.
Article 69
Improvement of air navigation facilities
If the Council is of the opinion that the airports or other air navigation facilities, including radio and meteorological services, of a contracting State are not reasonably adequate for the safe, regular, efficient, and economical operation of international air services, present or contemplated, the Council shall consult with the State directly concerned, and other States affected, with a view to finding means by which the situation may be remedied, and may make recommendations for that purpose. No contracting State shall be guilty of an infraction of this Convention if it falls to carry out these recommendations.
Article 70
Financing of air navigation facilities
A contracting State, in the circumstances arising under the provisions of Article 69, may conclude in arrangement with the Council for giving effect to such recommendations, The State may elect to bear all of the costs involved in any such arrangement. If the State does not so elect, the Council may agree, at the request of the State, to provide for all or a portion of the costs.
Article 71
Provision and maintenance of facilities by Council
If a contracting State so requests, the Council may agree to provide, man, maintain, and administer any or all of the airports and other air navigation facilities, including radio and meteorological services, required in its territory for the safe, regular, efficient and economical operation of the international air services of the other contracting States, and may specify just and reasonable charges for the use of the facilities provided.
Article 72
Acquisition or use of land
Where land is needed for facilities financed in whole or in part by the Council at the request of a contracting State, that State shall either provide the land itself, retaining title if it wishes, or facilitate the use of the land by the Council on Just and reasonable terms and in accordance with the laws of the State concerned.
Article 73
Expenditure and assessment of funds
Within the limit of the funds which may be made available to it by the Assembly under Chapter XII, the Council may make current expenditures for the purposes of this Chapter from the general funds of the Organization. The Council shell assess the capital funds required for the purposes of this Chapter in previously agreed proportions over a reasonable period of time to the contracting States consenting thereto whose airlines use the facilities. The Council may also assess to States that consent any working funds that are required.
Article 74
Technical assistance and utilization of revenues
When the Council, at the request of a contracting State, advances funds or provides airports or other facilities in whole or in part, the arrangement may provide, with the consent of that State, for technical assistance in the supervision and operation of the airports and other facilities, and for the payment, from the revenues derived from the operation of the airports and other facilities, of the operating expenses of the airports and the other facilities, and of interest and amortization charges.
Article 75
Taking over of facilities from Council
A contracting State may at any time discharge any obligation into which it has entered under Article 70, and take over airports and other facilities which the Council has provided in its territory pursuant to the provisions of Articles 71 and 72, by paying to the Council an amount which in the opinion of the Council is reasonable in the circumstances. If the State considers that the amount fixed by the Council is unreasonable it may appear to the Assembly against the decision of the Council and the Assembly may confirm or amend the decision of the Council.
Article 76
Return of funds
Funds obtained by the Council through reimbursement under Article 75 and from receipts of interest and amortization payments under Article 74 shall, in the case of advances originally financed by States under Article 73, be returned to the States which were originally assessed in the proportion of their assessments, so determined by the Council.
CHAPTER XVI: JOINT OPERATING ORGANIZATIONS AND POOLED SERVICES
Article 77
Joint operating organizations permitted
Nothing in this Convention shall prevent two or more contracting states from constituting joint air transport operating organizations or international operating agencies and from pooling their air services on any routes or in any regions, but such organizations or agencies and such pooled services shall be subject to all the provisions of this Convention, including those relating to the registration of agreements with the Council. The Council shall determine in what manner the provisions of this Convention relating to nationality of aircraft shall apply to aircraft operated by international operating agencies.
Article 78
Function of Council
The Council may suggest to contracting States concerned that they form joint organizations to operate air services on any routes or in any regions.
Article 79
Participation in operating organizations
A State may participate in joint operating organizations or in pooling arrangements, either through its government or through an airline company or companies designated by its government. The companies may, at the sole discretion of the State concerned, be state-owned or partly state-owned or privately owned.
Part IV. Final Provisions
CHAPTER XVII: OTHER AERONAUTICAL AGREEMENTS AND ARRANGEMENTS
Article 80
Paris and Habana Conventions
Each contracting State undertakes, immediately upon the coming into force of this Convention, to give notice of denunciation of the Convention relating to the Regulation of Aerial Navigation signed at Paris on October 13, 1919 or the Convention on Commercial Aviation signed at Habana on February 20, 1928, if it is a party to either. As between contracting States, this Convention supersedes the Conventions of Paris and Habana previously referred to.
Article 81
Registration of existing agreements
All aeronautical agreements which are in existence on the coming into force of this Convention, and which are between a contracting State and any other State or between an airline of a contracting State and any other State or the airline of any other State, shall be forthwith registered with the Council.
Article 82
Abrogation of inconsistent arrangements
The contracting States accept this Convention as abrogating all obligations and understandings between them which are inconsistent with its terms, and undertake not to enter into any such obligations and understandings. A contracting State which, before becoming a member of the Organization has undertaken any obligations toward a non-contracting State or a national of a contracting State or of a non-contracting State inconsistent with the terms of this Convention, shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, the State of which it is a national shall use its best efforts to secure their termination forthwith and shall in any event cause them to be terminated as soon as such action can lawfully be taken after the coming into force of this Convention.
Article 83
Registration of new arrangements
Subject to the provisions of the preceding Article, any contracting State may make arrangements not inconsistent with the provisions of this Convention. Any such arrangement shall be forthwith registered with the Council, which shall make it public as soon as possible.
CHAPTER XVIII: DISPUTES AND DEFAULT
Article 84
Settlement of disputes
If any disagreement between two or more contracting States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotiation, it shall, on the application of any State concerned in the disagreement, be decided by the Council. No member of the Council shall vote in the consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of the Council to an ad hoc arbitral tribunal agreed upon with the other parties to the dispute or to the Permanent Court of International Justice. Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council.
Article 85
Arbitration procedure
If any contracting State party to a dispute in which the decision of the Council is under appeal has not accepted the Statute of the Permanent Court of International Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who sshall name an umpire. If either contracting State party to the dispute falls to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, within thirty days, the arbitrators cannot agree on an umpire, the President of the Council shall designate an umpire from the list previously referred to. The arbitrators and the umpire shall then Jointly constitute an arbitral tribunal. Any arbitral tribunal established under this or the preceding Article shall settle its own procedure and give its decisions by majority vote, provided that the Council may determine procedural questions in the event of any delay which in the opinion of the Council is excessive.
Article 86
Appeals
Unless the Council decides otherwise, any decision by the Council on whether an international airline is operating in conformity with the provisions of this Convention shall remain in effect unless reversed on appeal. On any other matter, decisions of the Council shall, if appealed from, be suspended until the appeal is decided. The decisions of the Permanent Court of International Justice and of an arbitral tribunal shall be final and binding.
Article 87
Penalty for non-conformity of airline
Each contracting State undertakes not to allow the operation of an airline of a contracting State through the airspace above its territory if the Council has decided that the airline concerned is not conforming to a final decision rendered in accordance with the previous Article.
Article 88
Penalty for non-conformity by State
The Assembly shall suspend the voting power in the Assembly and in the Council of any contracting State that is found in default under the provisions of this Chapter.
CHAPTER XIX: WAR
Article 89
War and emergency conditions
In case of war, the provisions of this Convention shall not affect the freedom of action of any of the contracting States affected, whether as belligerents or as neutrals, The same principle shall apply in the case of any contracting State which declares a state of national emergency and notifies the fact to the Council.
CHAPTER XX: ANNEXES
Article 90
Adoption and amendment of Annexes
(a) The adoption by the Council of the Annexes described in Article 54, subparagraph (1), shall require the vote of two-thirds of the Council at a meeting called for that purpose and shall then be submitted by the Council to each contracting State. Any such Annex or any amendment of an Annex shall become effective within three months after its submission to the contracting States or at the end of such longer period of time as the Council may prescribe, unless in the meantime a majority of the contracting States register their disapproval with the Council. (b) The Council shall immediately notify all contracting States of the coming into force of any Annex or amendment thereto.
CHAPTER XXI: RATIFICATIONS, ADHERENCES, AMENDMENTS, AND DENUNCIATIONS
Article 91
Ratification of Convention
(a) This Convention shall be subject to ratification by the signatory States. The instruments of ratification shall be deposited in the archives of the Government of the United States of America, which shall give notice of the date of the deposit to each of the signatory and adhering States. (b) As soon as this Convention has been ratified or adhered to by twenty-six States it shall come into force between them on the thirtieth day after deposit of the twenty-sixth instrument. It shall come into force for each State ratifying thereafter on the thirtieth day after the deposit of its instrument of ratification. (c) It shall be the duty of the Government of the United States of America to notify the government of each of the signatory and adhering States of the date on which this Convention comes into force.
Article 92
Adherence to Convention
(a) This Convention shall be open for adherence by members of the United Nations and States associated with them, and States which remained neutral during the present world conflict. (b) Adherence shall be effected by a notification addressed to the Government of the United States of America and shall take effect as from the thirtieth day from the receipt of the notification by the Government of the United States of America, which shall notify all the contracting States.
Article 93
Admission of other States
States other than those provided for in Articles 91 and 92(a) may, subject to approval by any general international organization set up by the nations of the world to preserve peace, be admitted to participation in this Convention by means of a four-fifths vote of the Assembly and on such conditions as the Assembly may prescribe: provided that in each case the assent of any State invaded or attacked during the present war by the State seeking admission shall be necessary.
Article 94
Amendment of Convention
(a) Any proposed amendment to this Convention must be approved by a two-thirds vote of the Assembly and shall then come into force in respect of States which have ratified such amendment when ratified by the number of contracting States specified by the Assembly., The number so specified shall not be less than two-thirds of the total number of contracting States. (b) If in its opinion the amendment is of such a nature as to Justify this course, the Assembly in its resolution recommending adoption may provide that any State which has not ratified within a specified period after the amendment has come into force shall thereupon cease to be a member of the Organization and a party to the Convention.
Article 95
Denunciation of Convention
(a) Any contracting State may give notice of denunciation of this Conventlon three years after its coming into effect by notification addressed to the Government of the United States of America, which shall at once inform each of the contracting States. (b) Denunciation shall take effect one year from the date of the receipt of the notification and shall operate only as regards the State effecting the denunciation.
CHAPTER XXII: DEFINITIONS
Article 96
For the purpose of this Convention the expression: (a) "Air service" means any scheduled air service performed by aircraft for the public transport of passengers, mail or cargo. (b) "International air service" means an air service which passes through the air space over the territory of more than one State. (c) "Airline" means any air transport enterprise offering or operating an international air service. (d) "Stop for non-traffic purposes" means a landing for any purpose other than taking on or discharging passengers, cargo or mail.
Signature of Convention
IN WITNESS WHEREOF, the undersigned plenipotentiaries, having been duly authorized, sign this Convention on behalf of their respective governments on the dates appearing opposite their signatures.
DONE at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be open for signature at Washington, D. C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or adhere to this Convention.
FOR AFGHANISTAN:
A. Hosayn AZIZ
FOR THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA:
Arthur S. DRAKEFORD
FOR BELGIUM:
Vicomte du PARC
FOR BOLIVIA:
Cor. Al. PACHECO
FOR BRAZIL:
Fernando LOBO
FOR CANADA:
H. J. SYMINGTON
FOR CHILE:
R. SÁENZ G. BISQUERT R. MAGALLANES B.
FOR CHINA:
CHANG Kia-ngau 張嘉璈
FOR COLOMBIA:
Gonzalo RESTREPO JARAMILLO
FOR COSTA RICA:
F. de P. GUTIÉRREZ
FOR CUBA:
Gmo. BELT
FOR CZECHOSLOVAKIA:
V. S. HURBAN
FOR THE DOMINICAN REPUBLIC:
C. A. MCLAUGHLIN
FOR ECUADOR:
J. A. CORREA Francisco GÓMEZ JURADO
FOR EGYPT:
M. HASSAN M. ROUSHDY M. A. KHALIFA
FOR EL SALVADOR:
Felipe VEGA GÓMEZ
FOR ETHIOPIA:
Ras H. S. IMRU
FOR FRANCE:
M. HYMANS C. LEBEL BOURGES P. LOCUSSOL
FOR GREECE:
D. T. Noti BOTZARIS A. J. ARGYROPOULOS
FOR GUATEMALA:
Osc. MORALES L.
FOR HAITI:
G. Edouard ROY
FOR HONDURAS:
E. P. LEFEBVRE
FOR ICELAND:
Thor THORS
FOR INDIA:
G. V. BEWOOR
FOR IRAN:
M. SHAYESTEH
FOR IRAQ:
Ali JAWDAT
FOR IRELAND:
Robt. BRENNAN John LEYDON John J. HEARNE T. J. O'DRISCOLL
FOR LEBANON:
C. CHAMOUN F. EL-HOSS
FOR LIBERIA:
Walter F. WALKER
FOR LUXEMBOURG:
Hugues LE GALLAIS
FOR MEXICO:
Pedro A. CHAPA
FOR THE NETHERLANDS:
COPES F. C. ARONSTEIN
FOR THE GOVERNMENT OF NEW ZEALAND:
Daniel Giles SULLIVAN
FOR NICARAGUA:
R. E. FRIZELL
FOR NORWAY:
W. Munthe MORGENSTIERNE
FOR PANAMA:
The Delegation of the Republic of Panama signs this Convention ad referendum, and subject to the following reservations: 1. Because of its strategic position and responsibility in the protection of the means of communication in its territory, which are of the utmost importance to world trade, and vital to the defense of the Western Hemisphere, the Republic of Panama reserves the right to take, with respect to all flights through the air space above territory, all measures which in its judgment may be proper for its own security or the protection of said means of communication. 2. The Republic of Panama understands that the technical annexes to which reference is made in the Convention constitute recommendations only, and not binding obligations.
FOR PARAGUAY:
Celso R. VELÁZQUEZ
FOR PERU:
A. REVOREDO J. S. KOECHLIN Luis ALVARADO F. ELGUERA Gllmo. VAN OORDT LEÓN
FOR THE PHILIPPINE COMMONWEALTH:
J. HERNÁNDEZ Urbano A. ZAFRA J. H. FOLEY
FOR POLAND:
Zbyslaw CIOLKOSZ Dr. H. J. GÓRECKI Stefan J. KONORSKI Witold A. URBANOWICZ Ludwik H. GOTTLIEB
FOR PORTUGAL:
Mario de FIGUEREDO Alfredo DELESQUE DOS SANTOS CINTRA Duarte CALHIEROS Vasco VIEIRA GARIN
FOR SPAIN:
E. TERRADAS Germán BARAIBAR Duarte CALHEIROS
FOR SWEDEN:
R. KUMLIN
FOR SWITZERLAND:
Charles BRUGGMANN
FOR SYRIA:
N. KAHALE
FOR TURKEY:
S. KOCAK F. SAHINBAS Orhan H. EROL
FOR THE UNION OF SOUTH AFRICA:
D. D. FORSYTH
FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
SWINTON
FOR THE UNITED STATES OF AMERICA:
Adolf A. BERLE Jr. Alfred L. BULWINKLE Chas. A. WOLVERTON F. LaGUARDIA Edward WARNER L. Welch POGUE William A. M. BURDEN
FOR URUGUAY:
Carl CARBAJAL Cor. Medardo R. FARÍAS
FOR VENEZUELA:
—
FOR YUGOSLAVIA:
—
FOR DENMARK :
Henrik KAUFFMANN
FOR THAILAND:
M. R. SENI PRAMOJ
🛑 EDITOR'S NOTES ===============
The Convention on International Civil Aviation was called guoji minyong hangkong gongyue 國際民用航空公約
or Zhijiage gongyue 芝加哥公約 in Chinese. It went into effect on April 4, 1947, the same day the
International Civil Aviation Organization (ICAO) was established.
The Convention was signed at the end of the International Civil Aviation Conference which took place from Nov. 1 to
Dec. 7, 1944 in Chicago (USA). The following 55 countries were invited by the US to attend the conference: Afghanistan, Australia,
Belgium, Bolivia, Brazil, Canada, Chile, China, Colombia, Costa Rica, Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador,
Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Honduras, Iceland, India, Iran, Iraq, Ireland, Lebanon, Liberia,
Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, the Philippines, Poland, Portugal,
Saudi Arabia, South Africa, Spain, Sweden, Switzerland, Syria, Thailand, Turkey, United Kingdom, Uruguay, the USSR (= Soviet Union),
Venezuela, and Yugoslavia.
The official ICAO
website lists 52 countries sending delegations to the Chicago conference, and the Convention was signed by 54 countries. While
most of the invited countries sent delegates to the conference and signed the Convention, please note some additional remarks about
the following countries.
Denmark: signed the Convention, but the official ICAO website does not list Danish delegates at the conference (invitation was extended to Denmark’s minister in Washington).
Panama: sent delegates—Carlos Icaza (chairman), Inocencio Galindo, Enrique Lefevre, and Narciso E. Garay. Panama was mentioned on the list of signatories (with reservations), but no member of the delegation actually signed with his name.
Saudi Arabia: was invited to the Chicago conference but sent no delegates, did not sign the Convention.
Soviet Union: was invited to the Chicago conference but sent no delegates, did not sign the Convention.
Thailand: signed the Convention, but the official ICAO website does not list Thai delegates at the conference (invitation was extended to Thailand’s minister in Washington).
Venezuela: sent delegates—Juan de Dios Celis Paredes as (absent) chairman, Francisco J. Sucre as acting chairman, and Julio Bunco Ustáriz, but none of them signed the Convention.
Yugoslavia: sent delegates—Vladimir M. Vukmirovic as chairman, Nenad Dj. Mirosavljevic, and Predrag Sopalovic, but none of them signed the Convention.
The Chinese delegation consisted of chairman Chang Kia-ngau 張嘉璈 (1889-1979, Jiangsu), Liu Chieh 劉鍇 (1907-1991, Guangdong)
and Mow Pang-tsu 毛邦初 (1904-1987, Shanghai).
The Crimea Conference of the heads of the Governments of the United States of America, the United Kingdom, and the Union of Soviet Socialist Republics,
which took place from Feb. 4 to 11, came to the following conclusions:
I. World
organization
It was decided:
1. That a United Nations conference on the proposed world organization
should be summoned for Wednesday, 25 April, 1945, and should be held in the
United States of America.
2. The nations to be invited to this conference should be:
(a) the United Nations as they existed on 8 Feb., 1945; and
(b) Such of the Associated Nations as have declared war
on the common enemy by 1 March, 1945. (For this purpose, by the term "Associated
Nations" was meant the eight Associated Nations and Turkey.) When the Conference
on world organization is held, the delegates of the United Kingdom and United
State of America will support a proposal to admit to original membership two
Soviet Socialist Republics, i.e., the Ukraine and White Russia.
3. That the United States Government, on behalf of the three powers,
should consult the Government of China and the French Provisional Government in
regard to decisions taken at the present conference concerning the proposed
world organization.
4. That the text of the invitation to be issued to all the nations
which would take part in the United Nations conference should be as follows:
"The Government of the United States of America, on behalf of
itself and of the Governments of the United Kingdom, the Union of Soviet
Socialistic Republics and the Republic of China and of the Provisional
Government of the French Republic invite the Government of -------- to send
representatives to a conference to be held on 25 April, 1945, or soon thereafter,
at San Francisco, in the United States of America, to prepare a charter for a
general international organization for the maintenance of international peace
and security.
"The above-named Governments suggest that the conference
consider as affording a basis for such a Charter the proposals for the
establishment of a general international organization which were made public
last October as a result of the Dumbarton Oaks conference and which have now
been supplemented by the following provisions for Section C of Chapter VI:
C. Voting
"1. Each member of the Security Council should have one vote.
"2. Decisions of the Security Council on procedural matters
should be made by an affirmative vote of seven members.
"3. Decisions of the Security Council on all matters should be
made by an affirmative vote of seven members, including the concurring votes of
the permanent members; provided that, in decisions under Chapter VIII, Section
A and under the second sentence of Paragraph 1 of Chapter VIII, Section C, a
party to a dispute should abstain from voting.'
"Further information as to arrangements will be transmitted
subsequently.
"In the event that the Government of -------- desires in advance
of the conference to present views or comments concerning the proposals, the
Government of the United States of America will be pleased to transmit such
views and comments to the other participating Governments."
Territorial trusteeship:
It was agreed that the five nations which will have permanent seats
on the Security Council should consult each other prior to the United Nations
conference on the question of territorial trusteeship.
The acceptance of this recommendation is subject to its being made
clear that territorial trusteeship will only apply to
(a) existing mandates of the League of Nations;
(b) territories detached from the enemy as a result of
the present war;
(c) any other territory which might voluntarily be
placed under trusteeship; and
(d) no discussion of actual territories is contemplated
at the forthcoming United Nations conference or in the preliminary
consultations, and it will be a matter for subsequent agreement which
territories within the above categories will be place under trusteeship.
[Begin first section published Feb., 13, 1945.]
II.
Declaration of liberated Europe
The following declaration has been approved:
The Premier of the Union of Soviet Socialist Republics, the Prime
Minister of the United Kingdom and the President of the United States of
America have consulted with each other in the common interests of the people of
their countries and those of liberated Europe. They jointly declare their
mutual agreement to concert during the temporary period of instability in
liberated Europe the policies of their three Governments in assisting the
peoples liberated from the domination of Nazi Germany and the peoples of the
former Axis satellite states of Europe to solve by democratic means their
pressing political and economic problems.
The establishment of order in Europe and the rebuilding of national
economic life must be achieved by processes which will enable the liberated
peoples to destroy the last vestiges of nazism and fascism and to create
democratic institutions of their own choice. This is a principle of the
Atlantic Charter — the right of all people to
choose the form of government under which they will live — the restoration of sovereign rights and
self-government to those peoples who have been forcibly deprived to them by the
aggressor nations.
To foster the conditions in which the liberated people may exercise
these rights, the three governments will jointly assist the people in any
European liberated state or former Axis state in Europe where, in their
judgment conditions require,
(a) to establish conditions of internal peace;
(b) to carry out emergency relief measures for the relief
of distressed peoples;
(c) to form interim governmental authorities
broadly representative of all democratic elements in the population and pledged
to the earliest possible establishment through free elections of Governments
responsive to the will of the people; and
(d) to facilitate where necessary the holding of such
elections.
The three Governments will consult the other United Nations and
provisional authorities or other Governments in Europe when matters of direct
interest to them are under consideration.
When, in the opinion of the three Governments, conditions in any
European liberated state or former Axis satellite in Europe make such action
necessary, they will immediately consult together on the measure necessary to
discharge the joint responsibilities set forth in this declaration.
By this declaration we reaffirm our faith in the principles of the
Atlantic Charter, our pledge in the Declaration by the United Nations and our
determination to build in cooperation with other peace-loving nations world
order, under law, dedicated to peace, security, freedom and general well-being
of all mankind.
In issuing this declaration, the three powers express the hope that
the Provisional Government of the French Republic may be associated with them
in the procedure suggested.
[End first section published Feb., 13, 1945.]
III.
Dismemberment of Germany
It was agreed that Article 12 (a) of the Surrender terms for Germany should be amended to read as follows:
"The United Kingdom, the United States of America and the Union of Soviet Socialist Republics shall possess supreme authority with respect to Germany. In the exercise of such authority they will take such steps, including the
complete dismemberment of Germany as they deem requisite for future peace and
security."
The study of the procedure of the dismemberment of Germany was referred to a committee consisting of Mr. Anthony Eden, Mr. John Winant, and
Mr. Fedor T. Gusev. This body would consider the desirability of associating
with it a French representative.
IV. Zone of
occupation for the French and control council for Germany
It was agreed that a zone in Germany, to be occupied by the French
forces, should be allocated France. This zone would be formed out of the
British and American zones and its extent would be settled by the British and
Americans in consultation with the French Provisional Government.
It was also agreed that the French Provisional Government should be
invited to become a member of the Allied Control Council for Germany.
V.
Reparation
The following protocol has been approved:
PROTOCOL
On the Talks Between the Heads of Three Governments at the Crimean
Conference on the Question of the German Reparations in Kind
1. Germany must pay in kind for the losses caused by her to the
Allied nations in the course of the war. Reparations are to be received in the
first instance by those countries which have borne the main burden of the war,
have suffered the heaviest losses and have organized victory over the enemy.
2. Reparation in kind is to be exacted from Germany in three following forms:
(a) Removals within two years from the surrender of
Germany or the cessation of organized resistance from the national wealth of
Germany located on the territory of Germany herself as well as outside her
territory (equipment, machine tools, ships, rolling stock, German investments
abroad, shares of industrial, transport and other enterprises in Germany,
etc.), these removals to be carried out chiefly for the purpose of destroying
the war potential of Germany.
(b) Annual deliveries of goods from current production
for a period to be fixed.
(c) Use of German labor.
3. For the working out on the above principles of a detailed plan for
exaction of reparation from Germany an Allied reparation commission will be set
up in Moscow. It will consist of three representatives — one from the Union of Soviet Socialist Republics,
one from the United Kingdom and one from the United States of America.
4. With regard to the fixing of the total sum of the reparation as
well as the distribution of it among the countries which suffered from the
German aggression, the Soviet and American delegations agreed as follows:
"The Moscow reparation commission should take in its initial
studies as a basis for discussion the suggestion of the Soviet Government that
the total sum of the reparation in accordance with the points (a) and (b) of
the Paragraph 2 should be 22 billion dollars and that 50 per cent should go to
the Union of Soviet Socialist Republics."
The British delegation was of the opinion that, pending consideration
of the reparation question by the Moscow reparation commission, no figures of
reparation should be mentioned.
The above Soviet-American proposal has been passed to the Moscow reparation commission as one of the proposals to be considered by the commission.
VI. Major
war criminals
The conference agreed that the question of the major war criminals
should be the subject of inquiry by the three Foreign Secretaries for report in
due course after the close of the conference.
[Begin second section published Feb. 13, 1945.]
VII. Poland
The following declaration on Poland was agreed by the conference:
"A new situation has been created in Poland as a result of her
complete liberation by the Red Army. This calls for the establishment of a
Polish Provisional Government which can be more broadly based than was possible
before the recent liberation of the western part of Poland. The Provisional
Government which is now functioning in Poland should therefore be reorganized
on a broader democratic basis with the inclusion of democratic leaders from Poland itself and from Poles abroad. This new Government should then be called the Polish
Provisional Government of National Unity.
"M. Molotov, Mr. Harriman and Sir A. Clark Kerr are authorized
as a commission to consult in the first instance in Moscow with members of the
present Provisional Government and with other Polish democratic leaders from
within Poland and from abroad, with a view to the reorganization of the present
Government along the above lines. This Polish Provisional Government of
National Unity shall be pledged to the holding of free and unfettered elections
as soon as possible on the basis of universal suffrage and secret ballot. In
these elections all democratic and anti-Nazi parties shall have the right to
take part and to put forward candidates.
"When a Polish Provisional of Government National Unity has been
properly formed in conformity with the above, the Government of the U.S.S.R.,
which now maintains diplomatic relations with the present Provisional
Government of Poland, and the Government of the United Kingdom and the
Government of the United States of America will establish diplomatic relations
with the new Polish Provisional Government National Unity, and will exchange
Ambassadors by whose reports the respective Governments will be kept informed
about the situation in Poland.
"The three heads of Government consider that the eastern
frontier of Poland should follow the Curzon Line with digressions from it in
some regions of five to eight kilometers in favor of Poland. They recognize
that Poland must receive substantial accessions in territory in the north and
west. They feel that the opinion of the new Polish Provisional Government of
National Unity should be sought in due course of the extent of these accessions
and that the final delimitation of the western frontier of Poland should thereafter await the peace conference."
VIII.
Yugoslavia
It was agreed to recommend to Marshal Tito and to Dr. Ivan Subasitch:
(a) That the Tito-Subasitch agreement should
immediately be put into effect and a new government formed on the basis of the
agreement.
(b) That as soon as the new Government has been formed it
should declare:
(I) That the Anti-Fascist Assembly of the National
Liberation (AVNOJ) will be extended to include members of the last Yugoslav
Skupstina who have not compromised themselves by collaboration with the enemy,
thus forming a body to be known as a temporary Parliament and
(II) That legislative acts
passed by the Anti-Fascist Assembly of the National Liberation (AVNOJ) will be
subject to subsequent ratification by a Constituent Assembly; and that this
statement should be published in the communiqué of the conference.
IX.
Italo-Yogoslav frontier —
Italo-Austrian frontier
Notes on these subjects were put in by the British delegation and the
American and Soviet delegations agreed to consider them and give their views
later.
X.
Yugoslav-Bulgarian relations
There was an exchange of views between the Foreign Secretaries on the
question of the desirability of a Yugoslav-Bulgarian pact of alliance. The
question at issue was whether a state still under an armistice regime could be
allowed to enter into a treaty with another state. Mr. Eden suggested that the
Bulgarian and Yugoslav Governments should be informed that this could not be
approved. Mr. Stettinius suggested that the British and American Ambassadors
should discuss the matter further with Mr. Molotov in Moscow. Mr. Molotov
agreed with the proposal of Mr. Stettinius.
XI.
Southeastern Europe
The British delegation put in notes for the consideration of their
colleagues on the following subjects:
(a) The Control Commission in Bulgaria.
(b) Greek claims upon Bulgaria, more particularly with
reference to reparations.
(c) Oil equipment in Rumania.
XII. Iran
Mr. Eden, Mr. Stettinius and Mr. Molotov exchanged views on the
situation in Iran. It was agreed that this matter should be pursued through the
diplomatic channel.
[Begin third section published Feb. 13, 1945.]
XIII.
Meeting of the three foreign secretaries
The conference agreed that permanent machinery should be set up for
consultation between the three Foreign Secretaries; they should meet as often
as necessary, probably about every three or four months.
These meetings will be held in rotation in the three capitals, the
first meeting being held in London.
[End third section published Feb. 13, 1945.]
XIV. The
Montreaux Convention and the Straits
It was agreed that at the next meeting of the three Foreign
Secretaries to be held in London, they should consider proposals which it was
understood the Soviet Government would put forward in relation to the Montreaux
Convention, and report to their Governments. The Turkish Government should be
informed at the appropriate moment.
The forgoing protocol was approved and signed by the three Foreign
Secretaries at the Crimean Conference Feb. 11, 1945.
E.
R. Stettinius Jr. M.
Molotov Anthony
Eden
Agreement
regarding Japan
The leaders of the three great powers — the Soviet Union, the United States of America and Great Britain — have agreed that in two or three months after
Germany has surrendered and the war in Europe is terminated, the Soviet Union
shall enter into war against Japan on the side of the Allies on condition that:
1. The status quo in Outer Mongolia (the Mongolian People's Republic)
shall be preserved.
2. The former rights of Russia violated by the treacherous attack of Japan in 1904 shall be restored, viz.:
(a) The southern part of Sakhalin as well as the
islands adjacent to it shall be returned to the Soviet Union;
(b) The commercial port of Dairen shall be internationalized,
the pre-eminent interests of the Soviet Union in this port being safeguarded,
and the lease of Port Arthur as a naval base of the U.S.S.R. restored;
(c) The Chinese-Eastern Railroad and the South
Manchurian Railroad, which provide an outlet to Dairen, shall be jointly
operated by the establishment of a joint Soviet-Chinese company, it being
understood that the pre-eminent interests of the Soviet Union shall be
safeguarded and that China shall retain sovereignty in Manchuria;
3. The Kurile Islands shall be handed over to the Soviet Union.
It is understood that the agreement concerning Outer Mongolia and the
ports and railroads referred to above will require concurrence of Generalissimo
Chiang Kai-shek. The President will take measures in order to maintain this
concurrence on advice from Marshal Stalin.
The heads of the three great powers have agreed that these claims of
the Soviet Union shall be unquestionably fulfilled after Japan has been defeated.
For its part, the Soviet Union expresses it readiness to conclude
with the National Government of China a pact of friendship and alliance between
the U.S.S.R. and China in order to render assistance to China with its armed forces for the purpose of liberating China from the Japanese yoke.
Joseph
Stalin Franklin
D. Roosevelt Winston
S. Churchill
February
11, 1945
🛑 EDITOR'S NOTE ===============
Below are the Chinese and Japanese translations for the term "Yalta Conference".
DECLARATION REGARDING THE DEFEAT OF GERMANY AND THE ASSUMPTION OF
SUPREME AUTHORITY WITH RESPECT TO GERMANY BY THE GOVERNMENTS OF THE UNITED
STATES OF AMERICA, THE UNION OF SOVIET SOCIALIST REPUBLICS, THE UNITED KINGDOM
AND THE PROVISIONAL GOVERNMENT OF THE FRENCH REPUBLIC.
The German armed forces on land, at sea and in the air have been
completely defeated and have surrendered unconditionally and Germany, which
bears responsibility for the war, is no longer capable of resisting the will of
the victorious Powers. The unconditional surrender of Germany has thereby been
effected, and Germany has become subject to such requirements as may now or
hereafter be imposed upon her.
There is no central Government or authority in
Germany capable of accepting responsibility for the maintenance of order, the
administration of the country and compliance with the requirements of the
victorious Powers.
It is in these circumstances necessary, without
prejudice to any subsequent decisions that may be taken respecting Germany, to
make provision for the cessation of any further hostilities on the part of the
German armed forces, for the maintenance of order in Germany and for the
administration of the country, and to announce the immediate requirements with
which Germany must comply.
The Representatives of the Supreme Commands of the
United States of America, the Union of Soviet Socialist Republics, the United
Kingdom and the French Republic, hereinafter called the "Allied
Representatives," acting by authority of their respective Governments and in
the interests of the United Nations, accordingly make the following
Declaration:
The Governments of the United States of America,
the Union of Soviet Socialist Republics and the United Kingdom, and the
Provisional Government of the French Republic, hereby assume supreme authority
with respect to Germany, including all the powers possessed by the German
Government, the High Command and any state, municipal, or local government or
authority. The assumption, for the purposes stated above, of the said authority
and powers does not affect the annexation of Germany.
The Governments of the United States of America,
the Union of Soviet Socialist Republics and the United Kingdom, and the
Provisional Government of the French Republic, will hereafter determine the
boundaries of Germany or any part thereof and the status of Germany or of any
area at present being part of German territory.
In virtue of the supreme authority and powers thus
assumed by the four Governments, the Allied Representatives announce the
following requirements arising from the complete defeat and unconditional
surrender of Germany with which Germany must comply:
Article 1
Germany, and all German military, naval and air authorities and all
forces under German control shall immediately cease hostilities in all theatres
of war against the forces of the United Nations on land, at sea and in the air.
Article 2
(a) All armed forces of Germany or under German
control, wherever they may be situated, including land, air, anti-aircraft and
naval forces, the S.S., S.A. and Gestapo, and all other forces of auxiliary
organisations equipped with weapons, shall be completely disarmed, handing over
their weapons and equipment to local Allied Commanders or to officers
designated by the Allied Representatives.
(b) The personnel of the formations and units of all the
forces referred to in paragraph (a) above shall, at the discretion of the
Commander-in-Chief of the Armed Forces of the Allied State concerned, be
declared to be prisoners of war, pending further decisions, and shall be
subject to such conditions and directions as may be prescribed by the
respective Allied Representatives.
(c) All forces referred to in paragraph (a) above,
wherever they may be, will remain in their present positions pending
instructions from the Allied Representatives.
(d) Evacuation by the said forces of all territories
outside the frontiers of Germany as they existed on the 31st December, 1937,
will proceed according to instructions to be given by the Allied Representatives.
(e) Detachments of civil police to be armed with
small arms only, for the maintenance of order and for guard duties, will be
designated by the Allied Representatives.
Article 3
(a) All aircraft of any kind or nationality in
Germany or German-occupied or controlled territories or waters, military, naval
or civil, other than aircraft in the service of the Allies, will remain on the
ground, on the water or aboard ships pending further instructions.
(b) All German or German-controlled aircraft in or over
territories or waters not occupied or controlled by Germany will proceed to
Germany or to such other place or places as may be specified by the Allied
Representatives.
Article 4
(a) All German or German-controlled naval vessels,
surface and submarine, auxiliary naval craft, and merchant and other shipping,
wherever such vessels may be at the time of this Declaration, and all other
merchant ships of whatever nationality in German ports, will remain in or
proceed immediately to ports and bases as specified by the Allied
Representatives. The crews of such vessels will remain on board pending further
instructions.
(b) All ships and vessels of the United Nations, whether
or not title has been transferred as the result of prize court or other
proceedings, which are at the disposal of Germany or under German control at
the time of this Declaration, will proceed at the dates and to the ports or
bases specified by the Allied Representatives.
Article 5
(a) All or any of the following articles in the
possession of the German armed forces or under German control or at German
disposal will be held intact and in good condition at the disposal of the
Allied Representatives, for such purposes and at such times and places as they
may prescribe:
(i) all arms, ammunition,
explosives, military equipment, stores and supplies and other implements of war
of all kinds and all other war materials;
(ii) all naval vessels of all
classes, both surface and submarine, auxiliary naval craft and all merchant
shipping, whether afloat, under repair or construction, built or building;
(iii) all aircraft of all kinds,
aviation and anti-aircraft equipment and devices;
(iv) all transportation and
communications facilities and equipment, by land, water or air;
(v) all military installations
and establishments, including airfields, seaplane bases, ports and naval bases,
storage depots, permanent and temporary land and coast fortifications,
fortresses and other fortified areas, together with plans and drawings of all
such fortifications, installations and establishments;
(vi) all factories, plants, shops,
research institutions, laboratories, testing stations, technical data, patents,
plans, drawings and inventions, designed or intended to produce or to
facilitate the production or use of the articles, materials, and facilities
referred to in sub-paragraphs (i), (ii), (iii), (iv) and (v) above or otherwise
to further the conduct of war.
(b) At the demand of the Allied Representatives the
following will be furnished:
(i) the labour, services
and plant required for the maintenance or operation of any of the six
categories mentioned in paragraph (a) above; and
(ii) any information or records
that may be required by the Allied Representatives in connection with the same.
(c) At the demand of the Allied Representatives all
facilities will be provided for the movement of Allied troops and agencies,
their equipment and supplies, on the railways, roads and other land
communications or by sea, river or air. All means of transportation will be
maintained in good order and repair, and the labour, services and plant
necessary therefor will be furnished.
Article 6
(a) The German authorities will release to the
Allied Representatives, in accordance with the procedure to be laid down by
them, all prisoners of war at present in their power, belonging to the forces
of the United Nations, and will furnish full lists of these persons, indicating
the places of their detention in Germany or territory occupied by Germany.
Pending the release of such prisoners of war, the German authorities and people
will protect them in their persons and property and provide them with adequate
food, clothing, shelter, medical attention and money in accordance with their
rank or official position.
(b) The German authorities and people will in like manner
provide for and release all other nationals of the United Nations who are
confined, interned or otherwise under restraint, and all other persons who may
be confined, interned or otherwise under restraint for political reasons or as
a result of any Nazi action, law or regulation which discriminates on the
ground of race, colour, creed or political belief.
(c) The German authorities will, at the demand of
the Allied Representatives, hand over control of places of detention to such
officers as may be designated for the purpose by the Allied Representatives.
Article 7
The German authorities concerned will furnish to the Allied
Representatives:
(a) full information regarding the forces referred
to in Article 2 (a), and, in particular, will furnish forthwith all information
which the Allied Representatives may require concerning the numbers, locations
and dispositions of such forces, whether located inside or outside Germany;
(b) complete and detailed information concerning mines,
minefields and other obstacles to movement by land, sea or air, and the safety
lanes in connection therewith. All such safety lanes will be kept open and
clearly marked; all mines, minefields and other dangerous obstacles will as far
as possible be rendered safe, and all aids to navigation will be reinstated.
Unarmed German military and civilian personnel with the necessary equipment
will be made available and utilized for the above purposes and for the removal
of mines, minefields and other obstacles as directed by the Allied Representatives.
Article 8
There shall be no destruction, removal, concealment, transfer or
scuttling of, or damage to, any military, naval, air, shipping, port,
industrial and other like property and facilities and all records and archives,
wherever they may be situated, except as may be directed by the Allied
Representatives.
Article 9
Pending the institution of control by the Allied Representatives over
all means of communication, all radio and telecommunication installations and
other forms of wire or wireless communications, whether ashore or afloat, under
German control, will cease transmission except as directed by the Allied
Representatives.
Article 10
The forces, ships, aircraft, military equipment, and other property
in Germany or in German control or service or at German disposal, of any other
country at war with any of the Allies, will be subject to the provisions of
this Declaration and of any proclamations, orders, ordinances or instructions
issued thereunder.
Article 11
(a) The principal Nazi leaders as specified by the
Allied Representatives, and all persons from time to time named or designated
by rank, office or employment by the Allied Representatives as being suspected
of having committed, ordered or abetted war crimes or analogous offences, will
be apprehended and surrendered to the Allied Representatives.
(b) The same will apply in the case of any national of
any of the United Nations who is alleged to have committed an offence against
his national law, and who may at any time be named or designated by rank,
office or employment by the Allied Representatives.
(c) The German authorities and people will comply
with any instructions given by the Allied Representatives for the apprehension
and surrender of such persons.
Article 12
The Allied Representatives will station forces and civil agencies in
any or all parts of Germany as they may determine.
Article 13
(a) In the exercise of the supreme authority with
respect to Germany assumed by the Governments of the United States of America,
the Union of Soviet Socialist Republics and the United Kingdom, and the
Provisional Government of the French Republic, the four Allied Governments will
take such steps, including the complete disarmament and demilitarization of
Germany, as they deem requisite for future peace and security.
(b) The Allied Representatives will impose on Germany
additional political, administrative, economic, financial, military and other
requirements arising from the complete defeat of Germany. The Allied
Representatives, or persons or agencies duly designated to act on their
authority, will issue proclamations, orders, ordinances and instructions for
the purpose of laying down such additional requirements, and of giving effect
to the other provisions of this Declaration. All German authorities and the
German people shall carry out unconditionally the requirements of the Allied
Representatives, and shall fully comply with all such proclamations, orders,
ordinances and instructions.
Article 14
This Declaration enters into force and effect at the date and hour
set forth below. In the event of failure on the part of the German authorities
or people promptly and completely to fulfill their obligations hereby or
hereafter imposed, the Allied Representatives will take whatever action may be deemed
by them to be appropriate under the circumstances.
Article 15
This Declaration is drawn up in the English, Russian, French and
German languages. The English, Russian and French are the only authentic texts.
BERLIN, GERMANY, June 5, 1945.
Signed at 1800 hours, Berlin time.
🛑 EDITOR'S NOTE ===============
The Berlin Declaration (in Chinese: Bolin xuanyan 柏林宣言) was signed by the Allied commanders-in-chief:
● Georgy Zhukov for the Soviet Union
● Dwight D. Eisenhower for the United States
● Bernard Montgomery for the United Kingdom
● Jean de Lattre de Tassigny for France.
The Berlin Conference of the three heads of government of the USSR, USA, and UK, which took place from July 17 to August 2, 1945, came to the following
conclusions:
I.
Establishment of a council of foreign ministers
A. The Conference reached the following agreement for the
establishment of a Council of Foreign Ministers to do the necessary preparatory
work for the peace settlements:
(1) There shall be established a Council composed
of the Foreign Ministers of the United Kingdom, the Union of Soviet Socialist
Republics, China, France, and the United States.
(2) (i) The Council shall
normally meet in London which shall be the permanent seat of the joint
Secretariat which the Council will form. Each of the Foreign Ministers will be
accompanied by a high-ranking Deputy, duly authorized to carry on the work of
the Council in the absence of his Foreign Ministers, and by a small staff of
technical advisers.
(ii) The
first meeting of the Council shall be held in London not later than September 1st 1945. Meetings may be held by common agreement in other capitals as may be
agreed from time to time.
(3) (i) As its immediate
important task, the Council shall be authorized to draw up, with a view to
their submission to the United Nations, treaties of peace with Italy, Rumania,
Bulgaria, Hungary and Finland, and to propose settlements of territorial questions
outstanding on the termination of the war in Europe. The Council shall be
utilized for the preparation of a peace settlement for Germany to be accepted by the Government of Germany when a government adequate for the
purpose is established.
(ii) For
the discharge of each of these tasks the Council will be composed of the
Members representing those States which were signatory to the terms of
surrender imposed upon the enemy State concerned. For the purposes of the peace
settlement for Italy, France shall be regarded as a signatory to the terms of
surrender for Italy. Other Members will be invited to participate when matters
directly concerning them are under discussion.
(iii) Other
matters may from time to time be referred to the Council by agreement between
the Member Governments.
(4) (i) Whenever the
Council is considering a question of direct interest to a State not represented
thereon, such State should be invited to send representatives to participate in
the discussion and study of that question.
(ii) The
Council may adapt its procedure to the particular problems under consideration.
In some cases it may hold its own preliminary discussions prior to the
participation of other interested States. In other cases, the Council may
convoke a formal conference of the State chiefly interested in seeking a
solution of the particular problem.
B. It was agreed that the three Governments should each address an
identical invitation to the Governments of China and France to adopt this text
and to join in establishing the Council. The text of the approved invitation
was as follows:
Council of Foreign Ministers Draft for identical invitation to be
sent separately by each of the Three Governments to the Governments of China
and France.
The Governments of the United Kingdom, the United States and the U.
S. S. R. consider it necessary to begin without delay the essential preparatory
work upon the peace settlements in Europe. To this end they are agreed that
there should be established a Council of the Foreign Ministers of the Five
Great Powers to prepare treaties of peace with the European enemy States, for
submission to the United Nations. The Council would also be empowered to
propose settlements of outstanding territorial questions in Europe and to
consider such other matters as member Governments might agree to refer to it.
The text adopted by the Three Governments is as follows:
(Here insert final agreed text of the Proposal)
In agreement with the Governments of the United States and U. S. S.
R., His Majesty's Government in the United Kingdom and U. S. S. R., the United
States Government, the United Kingdom and the Soviet Government extend a
cordial invitation to the Government of China (France) to adopt the text quoted
above and to join in setting up the Council. His Majesty's Government, The
United States Government, The Soviet Government attach much importance to the
participation of the Chinese Government (French Government) in the proposed
arrangements and they hope to receive an early and favorable reply to this
invitation.
C. It was understood that the establishment of the Council of Foreign
Ministers for the specific purposes named in the text would be without
prejudice to the agreement of the Crimea Conference that there should be
periodical consultation between the Foreign Secretaries of the United States, the Union of Soviet Socialist Republics and the United Kingdom.
D. The Conference also considered the position of the European
Advisory Commission in the light of the Agreement to establish the Council of Foreign
Ministers. It was noted with satisfaction that the Commission had ably
discharged its principal tasks by the recommendations that it had furnished for
the terms of surrender for Germany, for the zones of occupation in Germany and Austria and for the inter-Allied control machinery in those countries. It was
felt that further work of a detailed character for the coordination of Allied
policy for the control of Germany and Austria would in future fall within the
competence of the Control Council at Berlin and the Allied Commission at
Vienna. Accordingly it was agreed to recommend that the European Advisory
Commission be dissolved.
II. The principles to govern the treatment of Germany in
the initial control period
A. POLITICAL PRINCIPLES.
1. In accordance with the
Agreement on Control Machinery in Germany, supreme authority in Germany is
exercised, on instructions from their respective Governments, by the
Commanders-in-Chief of the armed forces of the United States of America, the
United Kingdom, the Union of Soviet Socialist Republics, and the French
Republic, each in his own zone of occupation, and also jointly, in matters
affecting Germany as a whole, in their capacity as members of the Control
Council.
2. So far as is practicable,
there shall be uniformity of treatment of the German population throughout Germany.
3. The purposes of the occupation
of Germany by which the Control Council shall be guided are:
(i) The complete disarmament and
demilitarization of Germany and the elimination or control of all German
industry that could be used for military production. To these ends:-
(a) All German land, naval and air
forces, the SS., SA., SD., and Gestapo, with all their organizations, staffs
and institutions, including the General Staff, the Officers' Corps, Reserve
Corps, military schools, war veterans' organizations and all other military and
semi-military organizations, together with all clubs and associations which
serve to keep alive the military tradition in Germany, shall be completely and
finally abolished in such manner as permanently to prevent the revival or
reorganization of German militarism and Nazism;
(b) All arms, ammunition and implements of
war and all specialized facilities for their production shall be held at the
disposal of the Allies or destroyed. The maintenance and production of all
aircraft and all arms. ammunition and implements of war shall be prevented.
(ii) To convince the German people that they
have suffered a total military defeat and that they cannot escape
responsibility for what they have brought upon themselves, since their own
ruthless warfare and the fanatical Nazi resistance have destroyed German
economy and made chaos and suffering inevitable.
(iii) To destroy the National Socialist Party and
its affiliated and supervised organizations, to dissolve all Nazi institutions,
to ensure that they are not revived in any form, and to prevent all Nazi and
militarist activity or propaganda.
(iv) To prepare for the eventual reconstruction of
German political life on a democratic basis and for eventual peaceful
cooperation in international life by Germany.
4. All Nazi laws which provided
the basis of the Hitler regime or established discriminations on grounds of
race, creed, or political opinion shall be abolished. No such discriminations,
whether legal, administrative or otherwise, shall be tolerated.
5. War criminals and those who
have participated in planning or carrying out Nazi enterprises involving or
resulting in atrocities or war crimes shall be arrested and brought to judgment.
Nazi leaders, influential Nazi supporters and high officials of Nazi
organizations and institutions and any other persons dangerous to the
occupation or its objectives shall be arrested and interned.
6. All members of the Nazi Party
who have been more than nominal participants in its activities and all other
persons hostile to Allied purposes shall be removed from public and semi-public
office, and from positions of responsibility in important private undertakings.
Such persons shall be replaced by persons who, by their political and moral
qualities, are deemed capable of assisting in developing genuine democratic
institutions in Germany.
7. German education shall be so
controlled as completely to eliminate Nazi and militarist doctrines and to make
possible the successful development of democratic ideas.
8. The judicial system will be
reorganized in accordance with the principles of democracy, of justice under
law, and of equal rights for all citizens without distinction of race,
nationality or religion.
9. The administration in Germany should be directed towards the decentralization of the political structure and the
development of local responsibility. To this end:-
(i) local self-government shall be
restored throughout Germany on democratic principles and in particular through
elective councils as rapidly as is consistent with military security and the
purposes of military occupation;
(ii) all democratic political parties with
rights of assembly and of public discussion shall be allowed and encouraged
throughout Germany;
(iii) representative and elective principles shall
be introduced into regional, provincial and state (Land) administration as
rapidly as may be justified by the successful application of these principles
in local self-government;
(iv) for the time being, no central German
Government shall be established. Notwithstanding this, however, certain
essential central German administrative departments, headed by State
Secretaries, shall be established, particularly in the fields of finance,
transport, communications, foreign trade and industry. Such departments will
act under the direction of the Control Council.
10. Subject to the necessity for maintaining
military security, freedom of speech, press and religion shall be permitted,
and religious institutions shall be respected. Subject likewise to the
maintenance of military security, the formation of free trade unions shall be
permitted.
B. ECONOMIC PRINCIPLES.
11. In order to eliminate Germany's war potential, the production of arms, ammunition and implements of war as well
as all types of aircraft and sea-going ships shall be prohibited and prevented.
Production of metals, chemicals, machinery and other items that are directly
necessary to a war economy shall be rigidly controlled and restricted to Germany's approved post-war peacetime needs to meet the objectives stated in Paragraph 15.
Productive capacity not needed for permitted production shall be removed in
accordance with the reparations plan recommended by the Allied Commission on
Reparations and approved by the Governments concerned or if not removed shall
be destroyed.
12. At the earliest practicable date, the
German economy shall be decentralized for the purpose of eliminating the
present excessive concentration of economic power as exemplified in particular
by cartels, syndicates, trusts and other monopolistic arrangements.
13. In organizing the German Economy, primary
emphasis shall be given to the development of agriculture and peaceful domestic
industries.
14. During the period of occupation Germany shall be treated as a single economic unit. To this end common policies shall be
established in regard to:
(a) mining and industrial production
and its allocation;
(b) agriculture, forestry and fishing;
(c) wages, prices and rationing;
(d) import and export programs for Germany as a whole;
(e) currency and banking, central
taxation and customs;
(f) reparation and removal of
industrial war potential;
(g) transportation and communications.
In applying these policies account shall be taken, where appropriate,
of varying local conditions.
15. Allied controls shall be imposed upon the
German economy but only to the extent necessary:
(a) to carry out programs of industrial
disarmament, demilitarization, of reparations, and of approved exports and imports.
(b) to assure the production and maintenance
of goods and services required to meet the needs of the occupying forces and
displaced persons in Germany and essential to maintain in Germany average living standards not exceeding the average of the standards of living of
European countries. (European countries means all European countries excluding
the United Kingdom and the U. S. S. R.).
(c) to ensure in the manner determined
by the Control Council the equitable distribution of essential commodities between
the several zones so as to produce a balanced economy throughout Germany and reduce the need for imports.
(d) to control German industry and all
economic and financial international transactions including exports and
imports, with the aim of preventing Germany from developing a war potential and
of achieving the other objectives named herein.
(e) to control all German public or
private scientific bodies research and experimental institutions, laboratories,
et cetera connected with economic activities.
16. In the imposition and maintenance of
economic controls established by the Control Council, German administrative
machinery shall be created and the German authorities shall be required to the
fullest extent practicable to proclaim and assume administration of such
controls. Thus it should be brought home to the German people that the
responsibility for the administration of such controls and any break-down in
these controls will rest with themselves. Any German controls which may run
counter to the objectives of occupation will be prohibited.
17. Measures shall be promptly taken:
(a) to effect essential repair of
transport;
(b) to enlarge coal production;
(c) to maximize agricultural output;
and
(d) to erect emergency repair of housing and
essential utilities.
18. Appropriate steps shall be taken by the Control
Council to exercise control and the power of disposition over German-owned
external assets not already under the control of United Nations which have
taken part in the war against Germany.
19. Payment of Reparations should leave enough resources
to enable the German people to subsist without external assistance. In working
out the economic balance of Germany the necessary means must be provided to pay
for imports approved by the Control Council in Germany. The proceeds of exports
from current production and stocks shall be available in the first place for
payment for such imports.
The above clause will not apply to the equipment and products
referred to in paragraphs 4 (a) and 4 (b) of the Reparations Agreement.
III.
Reparations from Germany
1. Reparation claims of the U. S.
S. R. shall be met by removals from the zone of Germany occupied by the U. S.
S. R., and from appropriate German external assets.
2. The U. S. S. R. undertakes to
settle the reparation claims of Poland from its own share of reparations.
3. The reparation claims of the United States, the United Kingdom and other countries entitled to reparations shall be met
from the Western Zones and from appropriate German external assets.
4. In addition to the reparations
to be taken by the U. S. S. R. from its own zone of occupation, the U. S. S. R.
shall receive additionally from the Western Zones:
(a) 15 per cent of such usable and
complete industrial capital equipment, in the first place from the
metallurgical, chemical and machine manufacturing industries as is unnecessary
for the German peace economy and should be removed from the Western Zones of
Germany, in exchange for an equivalent value of food, coal, potash, zinc,
timber, clay products, petroleum products, and such other commodities as may be
agreed upon.
(b) 10 per cent of such industrial capital
equipment as is unnecessary for the German peace economy and should be removed
from the Western Zones, to be transferred to the Soviet Government on
reparations account without payment or exchange of any kind in return.
Removals of equipment as provided in (a) and (b) above
shall be made simultaneously.
5. The amount of equipment to be
removed from the Western Zones on account of reparations must be determined
within six months from now at the latest.
6. Removals of industrial capital
equipment shall begin as soon as possible and shall be completed within two
years from the determination specified in paragraph 5. The delivery of products
covered by 4 (a) above shall begin as soon as possible and shall be made by the
U. S. S. R. in agreed installments within five years of the date hereof. The
determination of the amount and character of the industrial capital equipment
unnecessary for the German peace economy and therefore available for reparation
shall be made by the Control Council under policies fixed by the Allied
Commission on Reparations, with the participation of France, subject to the
final approval of the Zone Commander in the Zone from which the equipment is to
be removed.
7. Prior to the fixing of the
total amount of equipment subject to removal, advance deliveries shall be made
in respect to such equipment as will be determined to he eligible for delivery
in accordance with the procedure set forth in the last sentence of paragraph 6.
8. The Soviet Government
renounces all claims in respect of reparations to shares of German enterprises
which are located in the Western Zones of Germany as well as to German foreign
assets in all countries except those specified in paragraph 9 below.
9. The Governments of the U. K.
and U. S. A. renounce all claims in respect of reparations to shares of German
enterprises which are located in the Eastern Zone of occupation in Germany, as well as to German foreign assets in Bulgaria, Finland, Hungary, Rumania and Eastern Austria.
10. The Soviet Government makes no claims to
gold captured by the Allied troops in Germany.
IV.
Disposal of the German navy and merchant marine
A. The following principles for the distribution of the German Navy
were agreed:
(1) The total strength of the German surface
navy, excluding ships sunk and those taken over from Allied Nations, but
including ships under construction or repair, shall be divided equally among
the U. S. S. R., U. K., and U. S. A.
(2) Ships under construction or repair mean
those ships whose construction or repair may be completed within three to six
months, according to the type of ship. Whether such ships under construction or
repair shall be completed or repaired shall be determined by the technical
commission appointed by the Three Powers and referred to below, subject to the
principle that their completion or repair must be achieved within the time
limits above provided, without any increase of skilled employment in the German
shipyards and without permitting the reopening of any German ship building or
connected industries. Completion date means the date when a ship is able to go
out on its first trip, or, under peacetime standards, would refer to the
customary date of delivery by shipyard to the Government.
(3) The larger part of the German submarine
fleet shall be sunk. Not more than thirty submarines shall be preserved and
divided equally between the U. S. S. R., U. K., and U. S. A. for experimental
and technical purposes.
(4) All stocks of armament, ammunition and supplies
of the German Navy appertaining to the vessels transferred pursuant to
paragraphs (1) and (3) hereof shall be handed over to the respective powers
receiving such ships.
(5) The Three Governments agree to constitute
a tripartite naval commission comprising two representatives for each
government, accompanied by the requisite staff, to submit agreed
recommendations to the Three Governments for the allocation of specific German
warships and to handle other detailed matters arising out of the agreement
between the Three Governments regarding the German fleet. The Commission will
hold its first meeting not later than 15th August, 1945, in Berlin, which shall be its headquarters. Each Delegation on the Commission will have the
right on the basis of reciprocity to inspect German warships wherever they may
be located.
(6) The Three Governments agreed that
transfers, including those of ships under construction and repair, shall be
completed as soon as possible, but not later than 15th February, 1946. The Commission will submit fortnightly reports, including proposals for the progressive
allocation of the vessels when agreed by the Commission.
B. The following principles for the distribution of the German Merchant
Marine were agreed:-
(1) The German Merchant Marine, surrendered
to the Three Powers and wherever located, shall be divided equally among the U.
S. S. R., the U. K., and the U. S. A. The actual transfers of the ships to the
respective countries shall take place as soon as practicable after the end of
the war against Japan. The United Kingdom and the United States will provide
out of their shares of the surrendered German merchant ships appropriate
amounts for other Allied States whose merchant marines have suffered heavy
losses in the common cause against Germany, except that the Soviet Union shall
provide out of its share for Poland.
(2) The allocation, manning, and operation of
these ships during the Japanese War period shall fall under the cognizance and
authority of the Combined Shipping Adjustment Board and the United Maritime
Authority.
(3) While actual transfer of the ships shall
be delayed until after the end of the war with Japan, a Tripartite Shipping
Commission shall inventory and value all available ships and recommend a
specific distribution in accordance with paragraph (1).
(4) German inland and coastal ships
determined to be necessary to the maintenance of the basic German peace economy
by the Allied Control Council of Germany shall not be included in the shipping
pool thus divided among the Three Powers.
(5) The Three Governments agree to constitute
a tripartite merchant marine commission comprising two representatives for each
Government, accompanied by the requisite staff, to submit agreed
recommendations to the Three Governments for the allocation of specific German
merchant ships and to handle other detailed matters arising out of the
agreement between the Three Governments regarding the German merchant ships.
The Commission will hold its first meeting not later than September 1st, 1945, in Berlin, which shall be its headquarters. Each delegation on the Commission
will have the right on the basis of reciprocity to inspect the German merchant
ships wherever they may be located.
V. City of
Koenigsberg and the adjacent area
The Conference examined a proposal by the Soviet Government to the
effect that pending the final determination of territorial questions at the
peace settlement, the section of the western frontier of the Union of Soviet
Socialist Republics which is adjacent to the Baltic Sea should pass from a
point on the eastern shore of the Bay of Danzig to the east, north of
Braunsberg-Goldap, to the meeting point of the frontiers of Lithuania, the
Polish Republic and East Prussia.
The Conference has agreed in principle to the proposal of the Soviet
Government concerning the ultimate transfer to the Soviet Union of the City of Koenigsberg and the area adjacent to it as described above subject to expert examination
of the actual frontier.
The President of the United States and the British Prime Minister
have declared that they will support the proposal of the Conference at the
forthcoming peace settlement.
VI. War
criminals
The Three Governments have taken note of the discussions which have
been proceeding in recent weeks in London between British, United States, Soviet and French representatives with a view to reaching agreement on the
methods of trial of those major war criminals whose crimes under the Moscow
Declaration of October, 1943 have no particular geographical localization. The
Three Governments reaffirm their intention to bring these criminals to swift
and sure justice. They hope that the negotiations in London will result in
speedy agreement being reached for this purpose, and they regard it as a matter
of great importance that the trial of these major criminals should begin at the
earliest possible date. The first list of defendants will be published before
1st September.
VII.
Austria
The Conference examined a proposal by the Soviet Government on the
extension of the authority of the Austrian Provisional Government to all of Austria.
The three governments agreed that they were prepared to examine this
question after the entry of the British and American forces into the city of Vienna.
It was agreed that reparations should not be exacted from Austria.
VIII.
Poland
A. DECLARATION.
We have taken note with pleasure of the agreement reached among
representative Poles from Poland and abroad which has made possible the
formation, in accordance with the decisions reached at the Crimea Conference,
of a Polish Provisional Government of National Unity recognized by the Three
Powers. The establishment by the British and United States Governments of
diplomatic relations with the Polish Provisional Government of National Unity
has resulted in the withdrawal of their recognition from the former Polish
Government in London, which no longer exists.
The British and United States Governments have taken measures to
protect the interest of the Polish Provisional Government of National Unity as
the recognized government of the Polish State in the property belonging to the Polish State located in their territories and under their control, whatever the form of
this property may be. They have further taken measures to prevent alienation to
third parties of such property. All proper facilities will be given to the
Polish Provisional Government of National Unity for the exercise of the
ordinary legal remedies for the recovery of any property belonging to the Polish State which may have been wrongfully alienated.
The Three Powers are anxious to assist the Polish Provisional
Government of National Unity in facilitating the return to Poland as soon as practicable of all Poles abroad who wish to go, including members of the
Polish Armed Forces and the Merchant Marine. They expect that those Poles who
return home shall be accorded personal and property rights on the same basis as
all Polish citizens
The Three Powers note that the Polish Provisional Government of
National Unity, in accordance with the decisions of the Crimea Conference, has
agreed to the holding of free and unfettered elections as soon as possible on
the basis of universal suffrage and secret ballot in which all democratic and
anti-Nazi parties shall have the right to take part and to put forward
candidates, and that representatives of the Allied press shall enjoy full
freedom to report to the world upon developments in Poland before and during
the elections.
B. WESTERN FRONTIER OF POLAND.
In conformity with the agreement on Poland reached at the Crimea
Conference the three Heads of Government have sought the opinion of the Polish
Provisional Government of National Unity in regard to the accession of
territory in the north 'end west which Poland should receive. The President of
the National Council of Poland and members of the Polish Provisional Government
of National Unity have been received at the Conference and have fully presented
their views. The three Heads of Government reaffirm their opinion that the
final delimitation of the western frontier of Poland should await the peace
settlement.
The three Heads of Government agree that, pending the final
determination of Poland's western frontier, the former German territories cast
of a line running from the Baltic Sea immediately west of Swinamunde, and
thence along the Oder River to the confluence of the western Neisse River and
along the Western Neisse to the Czechoslovak frontier, including that portion
of East Prussia not placed under the administration of the Union of Soviet
Socialist Republics in accordance with the understanding reached at this
conference and including the area of the former free city of Danzig, shall be
under the administration of the Polish State and for such purposes should not
be considered as part of the Soviet zone of occupation in Germany.
IX.
Conclusion on peace treaties and admission to the United Nations Organization
The three Governments consider it desirable that the present
anomalous position of Italy, Bulgaria, Finland, Hungary and Rumania should be terminated by the conclusion of Peace Treaties. They trust that the other
interested Allied Governments will share these views.
For their part the three Governments have included the preparation of
a Peace Treaty for Italy as the first among the immediate important tasks to be
undertaken by the new Council of Foreign Ministers. Italy was the first of the
Axis Powers to break with Germany, to whose defeat she has made a material
contribution, and has now joined with the Allies in the struggle against Japan. Italy has freed herself from the Fascist regime and is making good progress towards
reestablishment of a democratic government and institutions. The conclusion of
such a Peace Treaty with a recognized and democratic Italian Government will
make it possible for the three Governments to fulfill their desire to support
an application from Italy for membership of the United Nations.
The three Governments have also charged the Council of Foreign
Ministers with the task of preparing Peace Treaties for Bulgaria, Finland, Hungary and Rumania. The conclusion of Peace Treaties with recognized
democratic governments in these States will also enable the three Governments
to support applications from them for membership of the United Nations. The
three Governments agree to examine each separately in the near future in the
light of the conditions then prevailing, the establishment of diplomatic
relations with Finland, Rumania, Bulgaria, and Hungary to the extent possible
prior to the conclusion of peace treaties with those countries.
The three Governments have no doubt that in view of the changed
conditions resulting from the termination of the war in Europe, representatives
of the Allied press will enjoy full freedom to report to the world upon
developments in Rumania, Bulgaria, Hungary and Finland.
As regards the admission of other States into the United Nations
Organization, Article 4 of the Charter of the United Nations declares that:
1. Membership in the United Nations is open to all other peace-loving
States who accept the obligations contained in the present Charter and, in the
judgment of the organization, are able and willing to carry out these
obligations;
2. The admission of any such State to membership in the United
Nations will be effected by a decision of the General Assembly upon the
recommendation of the Security Council.
The three Governments, so far as they are concerned, will support
applications for membership from those States which have remained neutral
during the war and which fulfill the qualifications set out above.
The three Governments feel bound however to make it clear that they
for their part would not favour any application for membership put forward by
the present Spanish Government, which, having been founded with the support of
the Axis Powers, does not, in view of its origins, its nature, its record and
its close association with the aggressor States, possess the qualifications
necessary to justify such membership.
X.
Territorial trusteeship
The Conference examined a proposal by the Soviet Government on the
question of trusteeship territories as defined in the decision of the Crimea
Conference and in the Charter of the United Nations Organization.
After an exchange of views on this question it was decided that the
disposition of any former Italian colonial territories was one to be decided in
connection with the preparation of a peace treaty for Italy and that the question of Italian colonial territory would be considered by the
September Council of Ministers of Foreign Affairs.
XI. Revised
allied control commission procedure in Rumania, Bulgaria, and Hungary
The three Governments took note that the Soviet Representatives on
the Allied Control Commissions in Rumania, Bulgaria, and Hungary, have communicated to their United Kingdom and United States colleagues proposals
for improving the work of the Control Commissions, now that hostilities in Europe have ceased.
The three Governments agreed that the revision of the procedures of
the Allied Control Commissions in these countries would now be undertaken,
taking into account the interests and responsibilities of the three Governments
which together presented the terms of armistice to the respective countries,
and accepting as a basis, in respect of all three countries, the Soviet
Government's proposals for Hungary as annexed hereto. (Annex I)
XII.
Orderly transfer of German populations
The Three Governments, having considered the question in all its
aspects, recognize that the transfer to Germany of German populations, or
elements thereof, remaining in Poland, Czechoslovakia and Hungary, will have to be undertaken. They agree that any transfers that take place should
be effected in an orderly and humane manner.
Since the influx of a large number of Germans into Germany would increase the burden already resting on the occupying authorities, they
consider that the Control Council in Germany should in the first instance
examine the problem, with special regard to the question of the equitable
distribution of these Germans among the several zones of occupation. They are
accordingly instructing their respective representatives on the Control Council
to report to their Governments as soon as possible the extent to which such
persons have already entered Germany from Poland, Czechoslovakia and Hungary, to submit an estimate of the time and rate at which further transfers could be
carried out having regard to the present situation in Germany.
The Czechoslovak Government, the Polish Provisional Government and
the Control Council in Hungary are at the same time being informed of the above
and are being requested meanwhile to suspend further expulsions pending an
examination by the Governments concerned of the report from their
representatives on the Control Council.
XIII. Oil equipment
in Rumania
The Conference agreed to set up two bilateral commissions of experts,
one to be composed of United Kingdom and Soviet Members and one to be composed
of United States and Soviet Members, to investigate the facts and examine the
documents, as a basis for the settlement of questions arising from the removal
of oil equipment in Rumania. It was further agreed that these experts shall
begin their work within ten days, on the spot.
XIV. Iran
It was agreed that Allied troops should be withdrawn immediately from
Tehran, and that further stages of the withdrawal of troops from Iran should be considered at the meeting of the Council of Foreign Ministers to be held in London in September, 1945.
XV. The
international zone of Tangier
A proposal by the Soviet Government was examined and the following
decisions were reached:
Having examined the question of the Zone of Tangier, the three
Governments have agreed that this Zone, which includes the City of Tangier and the area adjacent to it, in view of its special strategic importance, shall
remain international.
The question of Tangier will be discussed in the near future at a
meeting in Paris of representatives of the Governments of the Union of Soviet Socialist Republics, the United States of America, the United Kingdom and France.
XVI. The
Black Sea Straits
The Three Governments recognized that the Convention concluded at
Montreux should be revised as failing to meet present-day conditions.
It was agreed that as the next step the matter should be the subject
of direct conversations between each of the three Governments and the Turkish
Government.
XVII.
International inland waterways
The Conference considered a proposal of the U. S. Delegation on this
subject and agreed to refer it for consideration to the forthcoming meeting of
the Council of Foreign Ministers in London.
XVIII.
European inland transport conference
The British and U. S. Delegations to the Conference informed the
Soviet Delegation of the desire of the British and U. S. Governments to reconvene
the European Inland Transport Conference and stated that they would welcome
assurance that the Soviet Government would participate in the work of the
reconvened conference. The Soviet Government agreed that it would participate
in this conference.
XIX.
Directives to military commanders on allied control council for Germany
The Three Governments agreed that each would send a directive to its
representative on the Control Council for Germany informing him of all
decisions of the Conference affecting matters within the scope of his duties.
XX. Use of
allied property for satellite reparations or war trophies
The proposal (Annex II) presented by the United States Delegation was
accepted in principle by the Conference, but the drafting of an agreement on the
matter was left to be worked out through diplomatic channels.
XXI.
Military talks
During the Conference there were meetings between the Chiefs of Staff
of the Three Governments on military matters of common interest.
Annex I
TEXT OF A LETTER TRANSMITTED ON
JULY 12 TO THE REPRESENTATIVES OF THE U. S. AND U. K. GOVERNMENTS ON THE ALLIED
CONTROL COMMISSION IN HUNGARY
In view of the changed situation in connection with the termination
of the war against Germany, the Soviet Government finds it necessary to establish
the following order of work for the Allied Control Commission in Hungary.
1. During the period up to the
conclusion of peace with Hungary the President (or Vice-President) of the ACC
will regularly call conferences with the British and American representatives
for the purpose of discussing the most important questions relating to the work
of the ACC. The conferences will be called once in 10 days, or more frequently
in case of need.
Directives of
the ACC on questions or principle will be issued to the Hungarian authorities
by the President of the Allied Control Commission after agreement on these
directives with the English and American representatives.
2. The British and American
representatives in the ACC will take part in general conferences of heads of
divisions and delegates of the ACC, convoked by the President of the ACC, which
meetings will be regular in nature. The British and American representatives
will also participate personally or through their representatives in
appropriate instances in mixed commissions created by the President of the ACC
for questions connected with the execution by the ACC of its functions
3. Free movement by the American
and British representatives in the country will be permitted provided that the
ACC is previously informed of the time and route of the journeys.
4. All questions connected with
permission for the entrance and exit of members of the staff of the British and
American representatives in Hungary will be decided on the spot by the
President of the ACC within a time limit of not more than one week.
5. The bringing in and sending
out by plane of mail, cargoes and diplomatic couriers will be carried out by
the British and American representatives on the ACC under arrangements and
within time limits established by the ACC, or in special cases by previous
coordination with the President of the ACC.
I consider it necessary to add to the above that in all other points
the existing Statutes regarding the ACC in Hungary, which was confirmed on January 20, 1945, shall remain in force in the future.
Annex II
USE OF ALLIED PROPERTY FOR SATELITE REPARATIONS OR WAR TROPHIES
1. The burden of reparation and "war trophies" should not fall on
Allied nationals.
2. Capital Equipment-We object to the removal of such Allied property
as reparations, "war trophies", or under any other guise. Loss would accrue to
Allied nationals as a result of destruction of plants and the consequent loss
of markets and trading connections. Seizure of Allied property makes impossible
the fulfillment by the satellite of its obligation under the armistice to
restore intact the rights and interests of the Allied Nations and their
nationals.
The United States looks to the other occupying powers for the return
of any equipment already removed and the cessation of removals. Where such
equipment will not or cannot be returned, the U. S. will demand of the
satellite adequate, effective and prompt compensation to American nationals,
and that such compensation have priority equal to that of the reparations payment.
These principles apply to all property wholly or substantially owned
by Allied nationals. In the event of removals of property in which the American
as well as the entire Allied interest is less than substantial, the U. S. expects adequate, effective, and prompt compensation.
3. Current Production-While the U. S. does not oppose reparation out
of current production of Allied investments, the satellite must provide
immediate and adequate compensation to the Allied nationals including
sufficient foreign exchange or products so that they can recover reasonable
foreign currency expenditures and transfer a reasonable return on their
investment. Such compensation must also have equal priority with reparations.
We deem it essential that the satellites not conclude treaties,
agreements or arrangements which deny to Allied nationals access, on equal
terms, to their trade, raw materials and industry; and appropriately modify any
existing arrangements which may have that effect.
(B) Proclamation Defining Terms for Japanese
Surrender, July 26, 1945
(1) We–The
President of the United States, the President of the National Government of the
Republic of China, and the Prime Minister of Great Britain, representing the
hundreds of millions of our countrymen, have conferred and agree that Japan
shall be given an opportunity to end this war.
(2) The prodigious land, sea and air forces
of the United States, the British Empire and of China, many times reinforced by
their armies and air fleets from the west, are poised to strike the final blows
upon Japan. This military power is sustained and inspired by the determination
of all the Allied Nations to prosecute the war against Japan until she ceases to resist.
(3) The result of the futile and senseless
German resistance to the might of the aroused free peoples of the world stands
forth in awful clarity as an example to the people of Japan. The might that now converges on Japan is immeasurably greater than that which, when
applied to the resisting Nazis, necessarily laid waste to the lands, the
industry and the method of life of the whole German people. The full
application of our military power, backed by our resolve, All mean the
inevitable and complete destruction of the Japanese armed forces and just as
inevitably the utter devastation of the Japanese homeland.
(4) The time has come for Japan to decide whether she will continue to be controlled by those self-willed
militaristic advisers whose unintelligent calculations have brought the Empire
of Japan to the threshold of annihilation, or whether she will follow the path
of reason.
(5) Following are our terms. We will not
deviate from them. There are no alternatives. We shall brook no delay.
(6) There must be eliminated for all time the
authority and influence of those who have deceived and misled the people of Japan into embarking on world conquest, for we insist that a new order of peace security
and justice will be impossible until irresponsible militarism is driven from
the world.
(7) Until such a new order is established and
until there is convincing proof that Japan's war-making power is destroyed,
points in Japanese territory to be designated by the Allies shall be occupied
to secure the achievement of the basic objectives we are here setting forth.
(8) The terms of the Cairo Declaration shall
be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine.
(9) The Japanese military forces, after being
completely disarmed, shall be permitted to return to their homes with the
opportunity to lead peaceful and productive lives.
(10) We do not intend that the Japanese shall be enslaved
as a race or destroyed as a nation, but stern justice shall be meted out to all
war criminals, including those who have visited cruelties upon our prisoners.
The Japanese Government shall remove all obstacles to the revival and
strengthening of democratic tendencies among the Japanese people. Freedom of
speech, of religion, and of thought, as well as respect for the fundamental
human rights shall be established.
(11) Japan shall be permitted to maintain such industries
as will sustain her economy and permit the exaction of just reparations in
kind, but not those [industries] which would enable her to re-arm for war. To
this end, access to, as distinguished from control of, raw materials shall be
permitted. Eventual Japanese participation in world trade relations shall be
permitted.
(12) The occupying forces of the Allies shall be
withdrawn from Japan as soon as these objectives have been accomplished and
there has been established in accordance with the freely expressed will of the
Japanese people a peacefully inclined and responsible government.
(13) We call upon the government of Japan to proclaim now the unconditional surrender of all Japanese armed forces, and to
provide proper and adequate assurances of their good faith in such action. The
alternative for Japan is prompt and utter destruction.
🛑 EDITOR'S NOTE ===============
The "Potsdam Agreement" was the result of the Potsdam Conference which took place from July 17 to Aug. 2, 1945
in Germany's Potsdam. The delegations of the three participating powers were represented by US President Harry S. Truman,
the British Prime Minister—before July 26 Winston S. Churchill, after that Clement Attlee—and the Premier of the USSR
Joseph V. Stalin. What is shown above as "b) Proclamation Defining Terms for Japanese Surrender" also became known as
"Potsdam Declaration" issued by US President Truman, UK Prime Minister Churchill and ROC Chairman of the Nationalist
Government Chiang Kai-shek 蔣介石.
Below are the Chinese and Japanese translations for both terms "Potsdam Agreement" and "Potsdam Declaration".
Chinese
Japanese
Potsdam Agreement
Pocitan xieding 波茨坦協定
Potsudamu kyōtei ポツダム協定
Potsdam Declaration
Pocitan gonggao 波茨坦公告
Potsudamu sengen ポツダム宣言
The Chinese translation of the Potsdam Declaration's full text is shown below.
After pondering deeply the general trends of the world
and the actual conditions obtaining in Our Empire today, We have decided to
effect a settlement of the present situation by resorting to an extraordinary
measure.
We have ordered Our Government to communicate to the
Governments of the United States, Great Britain, China and the Soviet Union that Our Empire accepts the provisions of their Joint Declaration.
To strive for the common prosperity and happiness of all
nations as well as the security and well-being of Our subjects is the solemn
obligation which has been handed down by Our Imperial Ancestors and which lies
close to Our heart.
Indeed, We declared war on America and Britain out of Our sincere desire to ensure Japan's self-preservation and the stabilization
of East Asia, it being far from Our thought either to infringe upon the
sovereignty of other nations or to embark upon territorial aggrandizement.
But now the war has lasted for nearly four years. Despite
the best that has been done by everyone — the gallant fighting of the military
and naval forces, the diligence and assiduity of Our servants of the State, and
the devoted service of Our one hundred million people — the war situation has
developed not necessarily to Japan's advantage, while the general trends of the
world have all turned against her interest.
Moreover, the enemy has begun to employ a new and most
cruel bomb, the power of which to do damage is, indeed, incalculable, taking
the toll of many innocent lives. Should We continue to fight, not only would it
result in an ultimate collapse and obliteration of the Japanese nation, but
also it would lead to the total extinction of human civilization.
Such being the case, how are We to save the millions of
Our subjects, or to atone Ourselves before the hallowed spirits of Our Imperial
Ancestors? This is the reason why We have ordered the acceptance of the
provisions of the Joint Declaration of the Powers.
We cannot but express the deepest sense of regret to Our
Allied nations of East Asia, who have consistently cooperated with the Empire
towards the emancipation of East Asia.
The thought of those officers and men as well as others
who have fallen in the fields of battle, those who died at their posts of duty,
or those who met with untimely death and all their bereaved families, pains Our
heart night and day.
The welfare of the wounded and the war-sufferers, and of
those who have lost their homes and livelihood, are the objects of Our profound
solicitude.
The hardships and sufferings to which Our nation is to be
subjected hereafter will be certainly great. We are keenly aware of the inmost
feelings of all of you, Our subjects. However, it is according to the dictates
of time and fate that We have resolved to pave the way for a grand peace for
all the generations to come by enduring the unendurable and suffering what is
unsufferable.
Having been able to safeguard and maintain the structure
of the Imperial State, We are always with you, Our good and loyal subjects,
relying upon your sincerity and integrity.
Beware most strictly of any outbursts of emotion which
may engender needless complications, or any fraternal contention and strike
which may create confusion, lead you astray and cause you to lose the
confidence of the world.
Let the entire nation continue as one family from
generation to generation, ever firm in its faith in the imperishability of its
sacred land, and mindful of its heavy burden of responsibility, and of the long
road before it.
Unite your total strength, to be devoted to construction
for the future. Cultivate the ways of rectitude, foster nobility of spirit, and
work with resolution — so that you may enhance the innate glory of the Imperial State and keep pace with the progress of the world.
Hirohito
[signature and official seal]
August
14, 1945
Prime
Minister Baron
Kantarō Suzuki (signature)
Navy
Minister Yonai
Mitsumasa (signature)
Minister of Justice Matsuzaka
Hiromasa (signature)
Army
Minister Korechika
Anami (signature)
Minister of Munitions ToyodaTeijirō (signature)
Minister of Health Okada
Tadahiko (signature)
Minister of State SakuraiHyōgorō (signature)
Minister of State Sakonji
Seizō (signature)
Minister of State Simomura
Hirosi (signature)
Finance Minister Hirose
Toyosaku (signature)
Minister of Education Ōta
Kōzō (signature)
Minister of Agriculture and Forestry Ishiguro
Tadaatsu (signature)
Interior Minister Abe
Genki (signature)
Minister
of Foreign Affairs Tōgō Shigenori (signature)
The Imperial Rescript on the Termination of the War is called "Daitōa-sensō-shūketsu-no-shōsho"
(大東亜戦争終結ノ詔書) in Japanese, abbreviated as "Sensō-no-shōsho" (終戦の詔書).
"Jewel Voice Broadcast" in Japanese: Gyokuon-hōsō (玉音放送). It was broadcast in Japan's radio network on Aug. 15, 1945.
General order No. 1 (Enclosure),
as approved by the President for issue by the Japanese Imperial General
Headquarters by direction of the Emperor, is circulated for information.
The President approved it with
the understanding that it is subject to change both by further instructions
issued through the Joint Chiefs of Staff and by changes in matters of detail
made by the Supreme Commander for the Allied Powers in the light of the
operational situation as known by him.
ENCLOSURE (GENERAL ORDER NO. 1)
SWNCC21/8
General Order No. 1
MILITARY
AND NAVAL
1. The Imperial General Headquarters
by direction of the Emperor, and pursuant to the surrender to the Supreme
Commander for the Allied Powers of all Japanese armed forces by the Emperor,
hereby orders all of its commanders in Japan and abroad to cause the Japanese
armed forces and Japanese-controlled forces under their command to cease
hostilities at once, to lay down their arms, to remain in their present
locations and to surrender unconditionally to commanders acting on behalf of
the United States, the Republic of China, the United Kingdom and the British
Empire, and the Union of Soviet Socialist Republics, as indicated hereafter or
as may be further directed by the Supreme Commander for the Allied Powers.
Immediate contact will be made with the indicated commanders, or their
designated representatives, subject to any changes in detail prescribed by the
Supreme Commander for the Allied Powers, and their instructions will be
completely and immediately carried out.
a. The senior Japanese
commanders and all ground, sea, air and auxiliary forces within China
(excluding Manchuria), Formosa and French Indo-China north of 16 north latitude
shall surrender to Generalissimo Chiang Kai-shek.
b. The senior Japanese commanders and
all ground, sea, air and auxiliary forces within Manchuria, Korea north of 38
north latitude and Karafuto shall surrender to the Commander in Chief of Soviet
Forces in the Far East.
c. The senior Japanese
commanders and all ground, sea, air and auxiliary forces within the Andamans,
Nicobars, Burma, Thailand, French Indo-China south of 16 degrees north
latitude, Malaya, Borneo, Netherlands Indies, New Guinea, Bismarcks and the
Solomons, shall surrender to (the Supreme Allied Commander South East Asia
Command or the Commanding General, Australian Forces—the exact breakdown between Mountbatten and the
Australians to be arranged between them and the details of this paragraph then
prepared by the Supreme Commander for the Allied Powers).
d. The senior Japanese commanders and
all ground, sea, air and auxiliary forces in the Japanese Mandated Islands,
Ryukyus, Bonins, and other Pacific Islands shall surrender to the Commander in
Chief U. S. Pacific Fleet.
e. The Imperial General
Headquarters, its senior commanders, and all ground, sea, air and auxiliary
forces in the main islands of Japan, minor islands adjacent thereto, Korea
south of 38 north latitude, and the Philippines shall surrender to the
Commander in Chief, U. S. Army Forces in the Pacific.
f. The above indicated
commanders are the only representatives of the Allied Powers empowered to
accept surrenders and all surrenders of Japanese Forces shall be made only to them
or to their representatives.
The Japanese Imperial General Headquarters further
orders its commanders in Japan and abroad to disarm completely all forces of
Japan or under Japanese control, wherever they may be situated and to deliver
intact and in safe and good condition all weapons and equipment at such time
and at such places as may be prescribed by the Allied Commanders indicated
above. (Pending further instructions, the Japanese police force in the main
islands of Japan will be exempt from this disarmament provision. The police
force will remain at their posts and shall be held responsible for the
preservation of law and order. The strength and arms of such a police force
will be prescribed.)
2. The Japanese Imperial General
Headquarters shall furnish to the Supreme Commander for the Allied Powers,
within (time limit) of receipt of this order, complete information with respect
to Japan and all areas under Japanese control as follows:
(a) Lists of all land, air and anti-aircraft
units showing locations and strengths in officers and men.
(b) Lists of all aircraft, military, naval and
civil giving complete information as to the number, type, location and
condition of such aircraft.
(c) Lists of all Japanese and
Japanese-controlled naval vessels, surface and submarine and auxiliary naval
craft in or out of commission and under construction giving their position,
condition and movement.
(d) Lists of all Japanese and Japanese-controlled
merchant ships of over100 gross tons, in or out of commission and under
construction, including merchant ships formerly belonging to any of the United
Nations which are now in Japanese hands, giving their position con dition and
movement.
(e) Complete and detailed information,
accompanied by maps, showing location and layouts of all mines, minefields and
other obstacles to movement by land, sea or air and the safety lanes in
connection therewith.
(f) Locations and descriptions of all
military installations and establishments, including airfields, seaplane bases,
anti-aircraft defenses, ports and naval bases, storage depots, permanent and
temporary land and coast fortifications, fortresses and other fortified areas.
(g) Locations of all camps and other places
of detention of United Nations prisoners of war and civilian internees.
3. Japanese armed forces and civil
aviation authorities will insure that all Japanese military, naval and civil
aircraft remain on the ground on the water or abroad ship until further
notification of the disposition to be made of them.
4. Japanese or Japanese-controlled
naval or merchant vessels of all types will be maintained without damage and
will undertake no movement pending instructions from the Supreme Commander for
the Allied Powers. Vessels at sea will immediately render harmless and throw
overbroad explosives of all types. Vessels not at sea will immediately remove
explosives of all types to safe storage ashore.
5. Responsible Japanese or
Japanese-controlled military and civil authorities will insure that:
a. All Japanese mines,
minefields and other obstacles to movement by land, sea and air, wherever
located, be removed according to instructions of the Supreme Commander for the
Allied Powers.
b. All aids to navigation be
reestablished at once.
c. All safety lanes be kept open
and clearly marked pending accomplishment of a. above.
6. Responsible Japanese and
Japanese-controlled military and civil authorities will hold intact and in good
condition pending further instructions from the Supreme Commander for the
Allied Powers the following:
a. All arms, ammunition,
explosives, military equipment, stores and supplies and other implements of war
of all kinds and all other war material (except as specifically prescribed in
Section 4 of this order).
b. All land, water and air
transportation and communication facilities and equipment.
c. All military installations
and establishments, including airfields, seaplane bases, anti-aircraft
defenses, ports and naval bases, storage depots, permanent and temporary land
and coast fortifications, fortresses and other fortified areas, together with
plans and drawings of all such fortifications, installations and
establishments.
d. All factories, plants, shops,
research institutions, laboratories, testing stations, technical data, patents,
plans, drawings and inventions designed or intended to produce or facilitate
the production or use of all implements of war and other material and property
used by or intended for use by any military or paramilitary organizations in
connection with their operations.
7. The Japanese Imperial General
Headquarters shall furnish to the Supreme Commander for the Allied Powers,
within (time limit) of receipt of this order, complete lists of all the items
specified in paragraph a, b and d of Section 6 above, indicating the numbers,
types and locations of each.
8. The manufacture and distribution of
all arms, ammunition and implements of war will cease forthwith.
9. With respect to United Nations
prisoners of war and civilian internees in the hands of Japanese or
Japanese-controlled authorities:
a. The safety and well-being of
all United Nations prisoners of war and civilian internees will be scrupulously
preserved to include the administrative and supply services essential to
provide adequate food shelter, clothing and medical care until such responsibility
is undertaken by the Supreme Commander for the Allied Powers;
b. Each camp or other place of
detention of United Nations prisoners of war and civilian internees together
with nits equipment, stores, records, arms and ammunition will be delivered
immediately to the command of the senior officer or designated representative
of the prisoner of war and civilian internees;
c. As directed by the Supreme
Commander for the Allied Powers, prisoners of war and civilian internees will
be transported to places of safety where they can be accepted by allied
authorities;
d. The Japanese Imperial General
Headquarters will furnish to the Supreme Commander for the Allied Powers, within
(time limit) of the receipt of this order, complete lists of all United Nations
prisoners of war and civilian internees, indicating their location.
10. All Japanese and Japanese-controlled military
and civil authorities shall aid and assist the occupation of Japan and
Japanese-controlled areas by forces of the Allied Powers.
11. The Japanese Imperial General Headquarters and
appropriate Japanese officials shall be prepared on instructions from Allied
occupation commanders to collect and deliver all arms in the possession of the
Japanese civilian population.
12. This and all subsequent instructions issued by
the Supreme Commander for the Allied Powers or other allied military
authorities will be scrupulously and promptly obeyed by Japanese and
Japanese-controlled military and civil officials and private persons. Any delay
or failure to comply with the provisions of this or subsequent orders and any
action which the Supreme Commander for the Allied Powers determines to be
detrimental to the Allied Powers, will incur drastic and summary punishment at
the hands of allied military authorities and the Japanese Government.
General Order No. 1 was General Douglas MacArthur's first order to the forces of the Empire of Japan following the
surrender of Japan, and its final form was approved by US President Harry S. Truman on Aug. 17, 1945. It instructed Japanese
forces to surrender to designated Allied commanders, reveal all current military deployments, and preserve military equipment
for later disarmament. General Order No. 1 became known to the world when it was announced at the Japanese Surrender Ceremony
on Sept. 2, 1945, being issued by Japan's Imperial General Headquarters that day. Please note that this document is also often
referred to as "SCAP General Order No. 1", SCAP standing for "Supreme Commander for the Allied Powers" or "Supreme Command of Allies
in the Pacific" (in Chinese: zhu Ri mengjun zongsiling 駐日盟軍總司令, in Japanese: rengō kokugun saikō
shireikan sōshireibu 連合国軍最高司令官総司令部). Some sources use the heading "Surrender Order of
the Imperial General Headquarters of Japan".
We, acting by command of and in behalf of the Emperor of Japan, the
Japanese Government and the Japanese Imperial General Headquarters, hereby
accept the provisions set forth in the declaration issued by the Heads of the
Governments of the United States, China, and Great Britain on 26 July 1945 at Potsdam,
and subsequently adhered to by the Union of Soviet Socialist Republics, which
four powers are hereafter referred to as the Allied Powers.
We hereby proclaim the unconditional surrender to
the Allied Powers of the Japanese Imperial General Headquarters and of all
Japanese armed forces and all armed forces under the Japanese control wherever
situated.
We hereby command all Japanese forces wherever
situated and the Japanese people to cease hostilites forthwith, to preserve and
save from damage all ships, aircraft, and military and civil property and to
comply with all requirements which my be imposed by the Supreme Commander for
the Allied Powers or by agencies of the Japanese Government at his direction.
We hereby command the Japanese Imperial Headquarters
to issue at once orders to the Commanders of all Japanese forces and all forces
under Japanese control wherever situated to surrender un- conditionally
themselves and all forces under their control.
We hereby command all civil, military and naval
officials to obey and enforce all proclamations, and orders and directives
deemed by the Supreme Commander for the Allied Powers to be proper to
effectuate this surrender and issued by him or under his authority and we
direct all such officials to remain at their posts and to continue to perform
their non-combatant duties unless specifically relieved by him or under his
authority.
We hereby undertake for the Emperor, the Japanese
Government and their successors to carry out the provisions of the Potsdam
Declaration in good faith, and to issue whatever orders and take whatever
actions may be required by the Supreme Commander for the Allied Poers or by any
other designated representative of the Allied Powers for the purpose of giving
effect to that Declaration.
We hereby command the Japanese Imperial Government
and the Japanese Imperial General Headquarters at once to liberate all allied
prisoners of war and civilian internees now under Japanese control and to
provide for their protection, care, maintenance and immediate transportation to
places as directed.
The authority of the Emperor and the Japanese
Government to rule the state shall be subject to the Supreme Commander for the
Allied Powers who will take such steps as he deems proper to effectuate these
terms of surrender.
Signed at TOKYO BAY, JAPAN at 0904 I on the SECOND
day of SEPTEMBER, 1945
Mamoru Shiegemitsu(By
Command and on Behalf of the Emperor of Japan and the Japanese Government)
Yoshijiro Umezu(By
Command and on Behalf of the Japanese Imperial General Headquarters)
Accepted at TOKYO BAY, JAPAN at 0903 I on the
SECOND day of SEPTEMBER, 1945, for the United States, Republic of China, United Kingdom and the Union of Soviet Socialist Republics, and in the interests of the
other United Nations at war with Japan.
Douglas MacArthur(Supreme
Commander for the Allied Powers)
C. W. Nimitz(United
States Representative)
Hsu Yung-ch'ang(Republic
of China Representative)
Bruce Fraser(United Kingdom Representative)
Kuzma Derevyanko(Union of Soviet Socialist Republics Representative)
Thomas Blamey(Commonwealth
of Australia Representative)
L. Moore Cosgrave(Dominion
of Canada Representative)
Jacques LeClerc(Provisional
Government of the French Republic Representative)
C. E. L. Helfrich(Kingdom
of the Netherlands Representative)
Leonard M. Isitt(Dominion
of New Zealand Representative)
1. The Emperor of Japan, the Japanese government and the Japanese Imperial General Headquarters, having
recognized the complete military defeat of the Japanese military forces by the
Allied forces and having surrendered unconditionally to the Supreme Commander
for the Allied powers.
2. The Supreme Commander for the
Allied powers directed by his General Order No. 1 that the senior commanders
and all ground, sea, air and auxiliary forces of Japan within China excluding Manchuria, Formosa and French Indo-China north of 16 degrees north latitude
shall surrender to Generalissimo Chiang Kai-shek.
3. We, the Japanese Commanders of all
Japanese forces and auxiliaries in the areas named above, also recognizing the
complete military defeat of the Japanese military forces by the Allied forces,
hereby surrender unconditionally all of the forces under our command to
Generalissimo Chiang Kai-shek.
4. All the Japanese forces hereby
surrendered will cease hostilities and will remain at the stations they now
occupy. They are now non-combatant troops and in due course will be
demobilized.
5. They will assemble, preserve
without damage, and turn over to the forces specified by Generalissimo Chiang
Kai-shek, all arms, ammunition, equipment, supplies, records, information and
other assets of any kind belonging to the Japanese forces. Pending specific
instructions, all Japanese aircraft, naval units, and merchant ships in the
areas named above will be held without damage where they are at present
located.
6. All the Allied prisoners of war and
civilian internees now under Japanese control in the areas named above will be
liberated at once and the Japanese forces will provide protection, care,
maintenance, and transportation to places as directed.
7. Henceforth, all the Japanese
forces, hereby surrendered, will be subject to the control of Generalissimo
Chiang Kai-shek. Their movements and activities will be dictated by him, and
they will obey only the orders and proclamations issued, or authorised, by him,
or the orders of their Japanese commanders based upon his instructions.
8. This act of surrender and all
subsequent orders and proclamations of Generalissimo Chiang Kai-shek to the
surrender forces will be issued at once to the appropriate subordinate
commanders and forces and it will be the responsibility of all Japanese
commanders and forces to see that such proclamations and orders are immediately
and completely complied with.
9. For any failure or delay, by any
member of the forces surrendered hereby to act in accordance with this act of
surrender or future orders or proclamations of the Generalissimo, he will
summarily and drastically punish both the violator and his responsible
commanders.
Lieutenant
General Okamura Yasuji, Signatory
under orders of the Emperor of Japan, the Japanese government and the Japanese
Imperial General Headquarters, and Commander of the Japanese Forces in Central
China. (Signature and official seal)
Signed
at 9.00 a.m. on Sept. 9 in the 20th year of Showa (1945 AD) in Nanjing, Republic of China.
The
Representative of the Republic of China, the United States of America, the
United Kingdom of Great Britain, the Union of Soviet Socialist Republics, and
the other Allied Forces at war with Japan, accepted this act of surrender at 9.00 a.m. on Sept. 9 in the 34th year of the Republic of China (1945 AD) in Nanjing, Republic of China.
Army General Ho Ying-chen, Special Envoy of Supreme
Commander in the China Theatre Generalissimo Chiang Kai-shek, and Commander-in-Chief
of the Chinese Army. (Signature and official seal)
Governmental and Administrative
Separation of Certain Outlying Areas from Japan
GENERAL
HEADQUARTERS of Supreme Commander for Allied Powers
GENERAL
HEADQUARTERS
SUPREME
COMMANDER FOR THE ALLIED POWERS
APO 500
20
January 1946
AG 091
(29 Jan 46) GS
(SCAPIN
- 677)
MEMORANDUM FOR: IMPERIAL
JAPANESE GOVERNMENT.
THROUGH: Central
Liaison Office, Tokyo.
SUBJECT: Governmental
and Administrative Separation of Certain Outlying Areas from Japan.
1. The Imperial Japanese Government is
directed to cease exercising, or attempting to exercise, governmental or
administrative authority over any area outside of Japan, or over any government
officials and employees or any other persons within such areas.
2. Except as authorized by this
Headquarters, the Imperial Japanese Government will not communicate with
government officials and employees or with any other persons outside of Japan
for any purpose other than the routine operation of authorized shipping,
communications and weather services.
3. For the purpose of this directive,
Japan is defined to include the four main islands of Japan (Hokkaido, Honshu,
Kyushu and Shikoku) and the approximately 1,000 smaller adjacent islands,
including the Tsushima Islands and the Ryukyu (Nansei) Islands north of 30°
North Latitude (excluding Kuchinoshima Island); and excluding (a) Utsuryo
(Ullung) Island, Liancourt Rocks (Take Island) and Quelpart (Saishu or Cheju)
Island, (b) the Ryukyu (Nansei) Islands south of 30° North Latitude (including
Kuchinoshima Island), the Izu, Nanpo, Bonin (Ogasawara) and Volcano (Kazan or
Iwo) Island Groups, and all the other outlying Pacific Islands [including the
Daito (Ohigashi or Oagari) Island Group, and Parece Vela (Okino-tori), Marcus
(Minami-tori) and Ganges (Nakano-tori) Islands], and (c) the Kurile (Chishima)
Islands, the Habomai (Hapomaze) Island Group (including Suisho, Yuri, Akiyuri,
Shibotsu and Taraku Islands) and Shikotan Island.
4. Further areas specifically excluded
from the governmental and administrative jurisdiction of the Imperial Japanese
Government are the following: (a) all Pacific Islands seized or occupied under
mandate or otherwise by Japan since the beginning of the World War in 1914, (b)
Manchuria, Formosa and the Pescadores, (c) Korea, and (d) Karafuto.
5. The definition of Japan contained
in this directive shall also apply to all future directives, memoranda and
orders from this Headquarters unless otherwise specified therein.
6. Nothing in this directive shall be
construed as an indication of Allied policy relating to the ultimate
determination of the minor islands referred to in Article 8 of the Potsdam
Declaration.
7. The Imperial Japanese Government
will prepare and submit to this Headquarters a report of all governmental
agencies in Japan the functions of which pertain to areas outside a statement
as defined in this directive. Such report will include a statement of the
functions, organization and personnel of each of the agencies concerned.
8. All records of the agencies
referred to in paragraph 7 above will be preserved and kept available for
inspection by this Headquarters.
WHEREAS the Allied Powers and Japan are resolved
that henceforth their relations shall be those of nations which, as sovereign
equals, cooperate in friendly association to promote their common welfare and
to maintain international peace and security, and are therefore desirous of
concluding a Treaty of Peace which will settle questions still outstanding as a
result of the existence of a state of war between them;
WHEREAS Japan for its part declares its intention
to apply for membership in the United Nations and in all circumstances to
conform to the principles of the Charter of the United Nations; to strive to
realize the objectives of the Universal Declaration of Human Rights; to seek to
create within Japan conditions of stability and well-being as defined in
Articles 55 and 56 of the Charter of the United Nations and already initiated
by post-surrender Japanese legislation; and in public and private trade and
commerce to conform to internationally accepted fair practices;
WHEREAS the Allied Powers welcome the intentions
of Japan set out in the foregoing paragraph;
THE ALLIED POWERS AND JAPAN have therefore
determined to conclude the present Treaty of Peace, and have accordingly
appointed the undersigned Plenipotentiaries, who, after presentation of their
full powers, found in good and due form, have agreed on the following
provisions:
CHAPTER
I———PEACE
Article 1
(a) The
state of war between Japan and each of the Allied Powers is terminated as from
the date on which the present Treaty comes into force between Japan and the Allied Power concerned as provided for in Article 23.
(b) The
Allied Powers recognize the full sovereignty of the Japanese people over Japan and its territorial waters.
CHAPTER
II———TERRITORY
Article 2
(a)
Japan recognizing the independence of Korea, renounces all right, title and
claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.
(b) Japan renounces all right, title and claim to Formosa and the Pescadores.
(c) Japan renounces all right, title and claim to the Kurile Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a
consequence of the Treaty of Portsmouth of 5 September 1905.
(d) Japan renounces all right, title and claim in connection with the League of Nations Mandate
System, and accepts the action of the United Nations Security Council of 2 April 1947, extending the trusteeship system to the Pacific Islands formerly under
mandate to Japan.
(e) Japan renounces all claim to any right or title to or interest in connection with any part
of the Antarctic area, whether deriving from the activities of Japanese
nationals or otherwise.
(f) Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.
Article 3
Japan
will concur in any proposal of the United States to the United Nations to place
under its trusteeship system, with the United States as the sole administering
authority, Nansei Shoto south of 29 deg. north latitude (including the Ryukyu
Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the
Bonin Islands, Rosario Island and the Volcano Islands) and Parece Vela and
Marcus Island. Pending the making of such a proposal and affirmative action
thereon, the United States will have the right to exercise all and any powers
of administration, legislation and jurisdiction over the territory and
inhabitants of these islands, including their territorial waters.
Article 4
(a)
Subject to the provisions of paragraph (b) of this Article, the disposition of
property of Japan and of its nationals in the areas referred to in Article 2,
and their claims, including debts, against the authorities presently
administering such areas and the residents (including juridical persons)
thereof, and the disposition in Japan of property of such authorities and
residents, and of claims, including debts, of such authorities and residents
against Japan and its nationals, shall be the subject of special arrangements
between Japan and such authorities. The property of any of the Allied Powers or
its nationals in the areas referred to in Article 2 shall, insofar as this has
not already been done, be returned by the administering authority in the
condition in which it now exists. (The term nationals whenever used in the
present Treaty includes juridical persons.)
(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.
(c)
Japanese owned submarine cables connection Japan with territory removed from
Japanese control pursuant to the present Treaty shall be equally divided, Japan
retaining the Japanese terminal and adjoining half of the cable, and the
detached territory the remainder of the cable and connecting terminal
facilities.
CHAPTER
III———SECURITY
Article 5
(a) Japan accepts the obligations set forth in Article 2 of the Charter of the United Nations,
and in particular the obligations
(i) to settle its
international disputes by peaceful means in such a manner that international
peace and security, and justice, are not endangered;
(ii) to refrain in its international
relations from the threat or use of force against the territorial integrity or
political independence of any State or in any other manner inconsistent with
the Purposes of the United Nations;
(iii) to give the United Nations every
assistance in any action it takes in accordance with the Charter and to refrain
from giving assistance to any State against which the United Nations may take
preventive or enforcement action.
(b) The
Allied Powers confirm that they will be guided by the principles of Article 2
of the Charter of the United Nations in their relations with Japan.
(c) The
Allied Powers for their part recognize that Japan as a sovereign nation
possesses the inherent right of individual or collective self-defense referred
to in Article 51 of the Charter of the United Nations and that Japan may voluntarily enter into collective security arrangements.
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.
(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.
(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.
CHAPTER
IV———POLITICAL AND ECONOMIC CLAUSES
Article 7
(a)
Each of the Allied Powers, within one year after the present Treaty has come
into force between it and Japan, will notify Japan which of its prewar
bilateral treaties or conventions with Japan it wishes to continue in force or
revive, and any treaties or conventions so notified shall continue in force or
by revived subject only to such amendments as may be necessary to ensure
conformity with the present Treaty. The treaties and conventions so notified
shall be considered as having been continued in force or revived three months
after the date of notification and shall be registered with the Secretariat of
the United Nations. All such treaties and conventions as to which Japan is not so notified shall be regarded as abrogated.
(b) Any
notification made under paragraph (a) of this Article may except from the
operation or revival of a treaty or convention any territory for the
international relations of which the notifying Power is responsible, until
three months after the date on which notice is given to Japan that such
exception shall cease to apply.
Article 8
(a) Japan will recognize the full force of all treaties now or hereafter concluded by the
Allied Powers for terminating the state of war initiated on 1 September 1939, as well as any other arrangements by the Allied Powers for or in connection with
the restoration of peace. Japan also accepts the arrangements made for
terminating the former League of Nations and Permanent Court of International
Justice.
(b) Japan renounces all such rights and interests as it may derive from being a signatory power
of the Conventions of St. Germain-en-Laye of 10 September 1919, and the Straits Agreement of Montreux of 20 July 1936, and from Article 16 of the Treaty
of Peace with Turkey signed at Lausanne on 24 July 1923.
(c)
Japan renounces all rights, title and interests acquired under, and is
discharged from all obligations resulting from, the Agreement between Germany
and the Creditor Powers of 20 January 1930 and its Annexes, including the Trust
Agreement, dated 17 May 1930, the Convention of 20 January 1930, respecting the
Bank for International Settlements; and the Statutes of the Bank for
International Settlements. Japan will notify to the Ministry of Foreign Affairs
in Paris within six months of the first coming into force of the present Treaty
its renunciation of the rights, title and interests referred to in this
paragraph.
Article 9
Japan
will enter promptly into negotiations with the Allied Powers so desiring for
the conclusion of bilateral and multilateral agreements providing for the
regulation or limitation of fishing and the conservation and development of
fisheries on the high seas.
Article 10
Japan
renounces all special rights and interests in China, including all benefits and
privileges resulting from the provisions of the final Protocol signed at Peking on 7 September 1901, and all annexes, notes and documents supplementary thereto, and
agrees to the abrogation in respect to Japan of the said protocol, annexes,
notes and documents.
Article 11
Japan
accepts the judgments of the International Military Tribunal for the Far East and of other Allied War Crimes Courts both within and outside Japan, and will carry out the sentences imposed thereby upon Japanese nationals imprisoned
in Japan. The power to grant clemency, to reduce sentences and to parole with
respect to such prisoners may not be exercised except on the decision of the
Government or Governments which imposed the sentence in each instance, and on
recommendation of Japan. In the case of persons sentenced by the International
Military Tribunal for the Far East, such power may not be exercised except on
the decision of a majority of the Governments represented on the Tribunal, and
on the recommendation of Japan.
Article 12
(a) Japan declares its readiness promptly to enter into negotiations for the conclusion with
each of the Allied Powers of treaties or agreements to place their trading,
maritime and other commercial relations on a stable and friendly basis.
(b)
Pending the conclusion of the relevant treaty or agreement, Japan will, during a period of four years from the first coming into force of the present
Treaty
(1) accord to each of the Allied Powers, its
nationals, products and vessels
(i) most-favoured-nation treatment
with respect to customs duties, charges, restrictions and other regulations on
or in connection with the importation and exportation of goods;
(ii) national 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 (tangible and
intangible), participating in juridical entities constituted under Japanese law,
and generally the conduct of all kinds of business and professional activities;
(2) ensure that external purchases and sales of
Japanese state trading enterprises shall be based solely on commercial
considerations.
(c) In
respect to any matter, however, Japan shall be obliged to accord to an Allied
Power national treatment, or most-favored-nation treatment, only to the extent
that the Allied Power concerned accords Japan national treatment or
most-favored-nation treatment, as the case may be, in respect of the same
matter. The reciprocity envisaged in the foregoing sentence shall be
determined, in the case of products, vessels and juridical entities of, and
persons domiciled in, any non-metropolitan territory of an Allied Power, and in
the case of juridical entities of, and persons domiciled in, any state or
province of an Allied Power having a federal government, by reference to the
treatment accorded to Japan in such territory, state or province.
(d) In
the application of this Article, a discriminatory measure shall not be
considered to derogate from the grant of national or most-favored-nation
treatment, as the case may be, 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 party's external financial position or balance
of payments (except in respect to shiping 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.
(e) Japan's obligations under this Article shall not be affected by the exercise of any Allied
rights under Article 14 of the present Treaty; nor shall the provisions of this
Article be understood as limiting the undertakings assumed by Japan by virtue of Article 15 of the Treaty.
Article 13
(a) Japan will enter into negotiations with any of the Allied Powers, promptly upon the request
of such Power or Powers, for the conclusion of bilateral or multilateral agreements
relating to international civil air transport.
(b)
Pending the conclusion of such agreement or agreements, Japan will, during a
period of four years from the first coming into force of the present Treaty,
extend to such Power treatment not less favorable with respect to air-traffic
rights and privileges than those exercised by any such Powers at the date of
such coming into force, and will accord complete equality of opportunity in
respect to the operation and development of air services.
(c)
Pending its becoming a party to the Convention on International Civil Aviation
in accordance with Article 93 thereof, Japan will give effect to the provisions
of that Convention applicable to the international navigation of aircraft, and
will give effect to the standards, practices and procedures adopted as annexes
to the Convention in accordance with the terms of the Convention.
CHAPTER
V———CLAIMS AND PROPERTY
Article 14
(a) It
is recognized that Japan should pay reparations to the Allied Powers for the
damage and suffering caused by it during the war. Nevertheless it is also
recognized that the resources of Japan are not presently sufficient, if it is
to maintain a viable economy, to make complete reparation for all such damage
and suffering and at the same time meet its other obligations.
Therefore,
1. Japan will promptly enter into
negotiations with Allied Powers so desiring, whose present territories were
occupied by Japanese forces and damaged by Japan, with a view to assisting to
compensate those countries for the cost of repairing the damage done, by making
available the services of the Japanese people in production, salvaging and
other work for the Allied Powers in question. Such arrangements shall avoid the
imposition of additional liabilities on other Allied Powers, and, where the
manufacturing of raw materials is called for, they shall be supplied by the
Allied Powers in question, so as not to throw any foreign exchange burden upon Japan.
2. (I) Subject to the provisions of
subparagraph (II) below, each of the Allied Powers shall have the right to
seize, retain, liquidate or otherwise dispose of all property, rights and
interests of
(a) Japan and Japanese nationals,
(b) persons acting
for or on behalf of Japan or Japanese nationals, and
(c) entities owned
or controlled by Japan or Japanese nationals,
which on the first
coming into force of the present Treaty were subject to its jurisdiction. The
property, rights and interests specified in this subparagraph shall include
those now blocked, vested or in the possession or under the control of enemy
property authorities of Allied Powers, which belong to, or were held or managed
on behalf of, any of the persons or entities mentioned in (a), (b) or (c) above
at the time such assets came under the controls of such authorities.
(II) The following
shall be excepted from the right specified in subparagraph (I) above:
(i) property of Japanese natural persons who
during the war resided with the permission of the Government concerned in the
territory of one of the Allied Powers, other than territory occupied by Japan,
except property subjected to restrictions during the war and not released from
such restrictions as of the date of the first coming into force of the present
Treaty;
(ii) all real property, furniture and fixtures
owned by the Government of Japan and used for diplomatic or consular purposes,
and all personal furniture and furnishings and other private property not of an
investment nature which was normally necessary for the carrying out of
diplomatic and consular functions, owned by Japanese diplomatic and consular
personnel;
(iii) property belonging to religious bodies or
private charitable institutions and used exclusively for religious or
charitable purposes;
(iv) property, rights and interests which have
come within its jurisdiction in consequence of the resumption of trade and
financial relations subsequent to 2 September 1945, between the country
concerned and Japan, except such as have resulted from transactions contrary to
the laws of the Allied Power concerned;
(v) obligations of Japan or Japanese nationals,
any right, title or interest in tangible property located in Japan, interests
in enterprises organized under the laws of Japan, or any paper evidence
thereof; provided that this exception shall only apply to obligations of Japan
and its nationals expressed in Japanese currency.
(III) Property
referred to in exceptions (i) through (v) above shall be returned subject to
reasonable expenses for its preservation and administration. If any such property
has been liquidated the proceeds shall be returned instead.
(IV) The right to
seize, retain, liquidate or otherwise dispose of property as provided in
subparagraph (I) above shall be exercised in accordance with the laws of the
Allied Power concerned, and the owner shall have only such rights as may be
given him by those laws.
(V) The Allied
Powers agree to deal with Japanese trademarks and literary and artistic
property rights on a basis as favorable to Japan as circumstances ruling in
each country will permit.
(b)
Except as otherwise provided in the present Treaty, the Allied Powers waive all
reparations claims of the Allied Powers, other claims of the Allied Powers and
their nationals arising out of any actions taken by Japan and its nationals in
the course of the prosecution of the war, and claims of the Allied Powers for
direct military costs of occupation.
Article 15
(a)
Upon application made within nine months of the coming into force of the
present Treaty between Japan and the Allied Power concerned, Japan will, within
six months of the date of such application, return the property, tangible and
intangible, and all rights or interests of any kind in Japan of each Allied
Power and its nationals which was within Japan at any time between 7 December
1941 and 2 September 1945, unless the owner has freely disposed thereof without
duress or fraud. Such property shall be returned free of all encumbrances and
charges to which it may have become subject because of the war, and without any
charges for its return. Property whose return is not applied for by or on
behalf of the owner or by his Government within the prescribed period may be
disposed of by the Japanese Government as it may determine. In cases where such
property was within Japan on 7 December 1941, and cannot be returned or has
suffered injury or damage as a result of the war, compensation will be made on
terms not less favorable than the terms provided in the draft Allied Powers
Property Compensation Law approved by the Japanese Cabinet on 13 July 1951.
(b)
With respect to industrial property rights impaired during the war, Japan will
continue to accord to the Allied Powers and their nationals benefits no less
than those heretofore accorded by Cabinet Orders No. 309 effective 1 September
1949, No. 12 effective 28 January 1950, and No. 9 effective 1 February 1950,
all as now amended, provided such nationals have applied for such benefits
within the time limits prescribed therein.
(c) (i) Japan acknowledges that
the literary and artistic property rights which existed in Japan on 6 December
1941, in respect to the published and unpublished works of the Allied Powers
and their nationals have continued in force since that date, and recognizes
those rights which have arisen, or but for the war would have arisen, in Japan
since that date, by the operation of any conventions and agreements to which
Japan was a party on that date, irrespective of whether or not such conventions
or agreements were abrogated or suspended upon or since the outbreak of war by
the domestic law of Japan or of the Allied Power concerned.
(ii) Without
the need for application by the proprietor of the right and without the payment
of any fee or compliance with any other formality, the period from 7 December
1941 until the coming into force of the present Treaty between Japan and the
Allied Power concerned shall be excluded from the running of the normal term of
such rights; and such period, with an additional period of six months, shall be
excluded from the time within which a literary work must be translated into
Japanese in order to obtain translating rights in Japan.
Article 16
As an
expression of its desire to indemnify those members of the armed forces of the
Allied Powers who suffered undue hardships while prisoners of war of Japan,
Japan will transfer its assets and those of its nationals in countries which
were neutral during the war, or which were at war with any of the Allied
Powers, or, at its option, the equivalent of such assets, to the International
Committee of the Red Cross which shall liquidate such assets and distribute the
resultant fund to appropriate national agencies, for the benefit of former
prisoners of war and their families on such basis as it may determine to be
equitable. The categories of assets described in Article 14(a)2(II)(ii) through
(v) of the present Treaty shall be excepted from transfer, as well as assets of
Japanese natural persons not residents of Japan on the first coming into force
of the Treaty. It is equally understood that the transfer provision of this
Article has no application to the 19,770 shares in the Bank for International
Settlements presently owned by Japanese financial institutions.
Article 17
(a)
Upon the request of any of the Allied Powers, the Japanese Government shall
review and revise in conformity with international law any decision or order of
the Japanese Prize Courts in cases involving ownership rights of nationals of
that Allied Power and shall supply copies of all documents comprising the
records of these cases, including the decisions taken and orders issued. In any
case in which such review or revision shows that restoration is due, the
provisions of Article 15 shall apply to the property concerned.
(b) The
Japanese Government shall take the necessary measures to enable nationals of
any of the Allied Powers at any time within one year from the coming into force
of the present Treaty between Japan and the Allied Power concerned to submit to
the appropriate Japanese authorities for review any judgment given by a Japanese
court between 7 December 1941 and such coming into force, in any proceedings in
which any such national was unable to make adequate presentation of his case
either as plaintiff or defendant. The Japanese Government shall provide that,
where the national has suffered injury by reason of any such judgment, he shall
be restored in the position in which he was before the judgment was given or
shall be afforded such relief as may be just and equitable in the
circumstances.
Article 18
(a) It
is recognized that the intervention of the state of war has not affected the
obligation to pay pecuniary debts arising out of obligations and contracts
(including those in respect of bonds) which existed and rights which were
acquired before the existence of a state of war, and which are due by the
Government or nationals of Japan to the Government or nationals of one of the
Allied Powers, or are due by the Government or nationals of one of the Allied
Powers to the Government or nationals of Japan. The intervention of a state of
war shall equally not be regarded as affecting the obligation to consider on
their merits claims for loss or damage to property or for personal injury or
death which arose before the existence of a state of war, and which may be
presented or re-presented by the Government of one of the Allied Powers to the
Government of Japan, or by the Government of Japan to any of the Governments of
the Allied Powers. The provisions of this paragraph are without prejudice to
the rights conferred by Article 14.
(b) Japan
affirms its liability for the prewar external debt of the Japanese State and
for debts of corporate bodies subsequently declared to be liabilities of the
Japanese State, and expresses its intention to enter into negotiations at an
early date with its creditors with respect to the resumption of payments on
those debts; to encourage negotiations in respect to other prewar claims and
obligations; and to facilitate the transfer of sums accordingly.
Article 19
(a)
Japan waives all claims of Japan and its nationals against the Allied Powers
and their nationals arising out of the war or out of actions taken because of
the existence of a state of war, and waives all claims arising from the
presence, operations or actions of forces or authorities of any of the Allied
Powers in Japanese territory prior to the coming into force of the present
Treaty.
(b) The
foregoing waiver includes any claims arising out of actions taken by any of the
Allied Powers with respect to Japanese ships between 1 September 1939 and the
coming into force of the present Treaty, as well as any claims and debts
arising in respect to Japanese prisoners of war and civilian internees in the
hands of the Allied Powers, but does not include Japanese claims specificially
recognized in the laws of any Allied Power enacted since 2 September 1945.
(c)
Subject to reciprocal renunciation, the Japanese Government also renounces all
claims (including debts) against Germany and German nationals on behalf of the
Japanese Government and Japanese nationals, including intergovernmental claims
and claims for loss or damage sustained during the war, but excepting (a)
claims in respect of contracts entered into and rights acquired before 1
September 1939, and (b) claims arising out of trade and financial relations between
Japan and Germany after 2 September 1945. Such renunciation shall not prejudice
actions taken in accordance with Articles 16 and 20 of the present Treaty.
(d) Japan recognizes the validity of all acts and omissions done during the period of occupation
under or in consequence of directives of the occupation authorities or
authorized by Japanese law at that time, and will take no action subjecting
Allied nationals to civil or criminal liability arising out of such acts or
omissions.
Article 20
Japan will
take all necessary measures to ensure such disposition of German assets in Japan as has been or may be determined by those powers entitled under the Protocol of the
proceedings of the Berlin Conference of 1945 to dispose of those assets, and
pending the final disposition of such assets will be responsible for the
conservation and administration thereof.
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.
CHAPTER
VI———SETTLEMENT OF DISPUTES
Article 22
If in
the opinion of any Party to the present Treaty there has arisen a dispute
concerning the interpretation or execution of the Treaty, which is not settled
by reference to a special claims tribunal or by other agreed means, the dispute
shall, at the request of any party thereto, be referred for decision to the
International Court of Justice. Japan and those Allied Powers which are not already
parties to the Statute of the International Court of Justice will deposit with
the Registrar of the Court, at the time of their respective ratifications of
the present Treaty, and in conformity with the resolution of the United Nations
Security Council, dated 15 October 1946, a general declaration accepting the
jurisdiction, without special agreement, of the Court generally in respect to
all disputes of the character referred to in this Article.
CHAPTER
VII———FINAL CLAUSES
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.
(b) If
the Treaty has not come into force within nine months after the date of the
deposit of Japan's ratification, any State which has ratified it may bring the
Treaty into force between itself and Japan by a notification to that effect
given to the Governments of Japan and the United States of America not later than
three years after the date of deposit of Japan's ratification.
Article 24
All
instruments of ratification shall be deposited with the Government of the United States of America which will notify all the signatory States of each such deposit,
of the date of the coming into force of the Treaty under paragraph (a) of
Article 23, and of any notifications made under paragraph (b) of Article 23.
Article 25
For the
purposes of the present Treaty the Allied Powers shall be the States at war
with Japan, or any State which previously formed a part of the territory of a
State named in Article 23, provided that in each case the State concerned has
signed and ratified the Treaty. Subject to the provisions of Article 21, the
present Treaty shall not confer any rights, titles or benefits on any State
which is not an Allied Power as herein defined; nor shall any right, title or
interest of Japan be deemed to be diminished or prejudiced by any provision of
the Treaty in favour of a State which is not an Allied Power as so defined.
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.
Article 27
The
present Treaty shall be deposited in the archives of the Government of the United States of America which shall furnish each signatory State with a certified copy
thereof.
IN
FAITH WHEREOF the undersigned Plenipotentiaries have signed the present Treaty.
DONE at
the city of San Francisco this eighth day of September 1951, in the English,
French, and Spanish languages, all being equally authentic, and in the Japanese
language.
For Argentina: Hipólito J. PAZ
For Australia: Percy C. SPENDER
For Belgium: Paul VAN ZEELAND SILVERCRUYS
For Bolivia: Luis GUACHALLA
For Brazil: Carlos MARTINS, A. DE MELLO-FRANCO
For Cambodia: PHLENG
For Canada: Lester B. PEARSON, R.W. MAYHEW
For Ceylon: J.R. JAYEWARDENE, G.C.S. COREA, R.G.
SENANAYAKE
For Chile: F. NIETO DEL RÍO
For Colombia: Cipríano RESTREPO JARAMILLO,
Sebastián OSPINA
For Costa Rica: J. Rafael OREAMUNO, V. VARGAS,
Luis DOBLES SÁNCHEZ
For Cuba: O. GANS, L. MACHADO, Joaquín MEYER
For the Dominican Republic: V. ORDÓÑEZ, Luis F.
THOMEN
For Ecuador: A. QUEVEDO, R.G. VALENZUELA
For Egypt: Kamil A. RAHIM
For El Salvador: Héctor DAVID CASTRO, Luis RIVAS
PALACIOS
For Ethiopia: Men YAYEJIJRAD
For France: SCHUMANN, H. BONNET, Paul-Émile
NAGGIAR
For Greece: A.G. POLITIS
For Guatemala: E. CASTILLO A., A.M. ORELLANA, J.
MENDOZA
For Haiti: Jacques N. LÉGER, Gust. LARAQUE
For Honduras: J.E. VALENZUELA, Roberto GÁLVEZ B.,
Raúl ALVARADO T.
For Indonesia: Ahmad SUBARDJO
For Iran: A.G. ARDALAN
For Iraq: A.I. BAKR
For Laos: SAVANG
For Lebanon: Charles MALIK
For Liberia: Gabriel L. DENNIS, James ANDERSON,
Raymond HORACE, J. Rudolf GRIMES
For the Grand Duchy of Luxembourg: Hugues LE
GALLAIS
For Mexico: Rafael DE LA COLINA, Gustavo DÍAZ
ORDAZ, A.P. GASGA
For the Netherlands: D.U. STIKKER, J.H. VAN ROIJEN
For New Zealand: C. BERENDSEN
For Nicaragua: G. SEVILLA SACASA, Gustavo
MANZANARES
For Norway: Wilhelm Munthe MORGENSTERNE
For Pakistan: ZAFRULLAH KHAN
For Panama: Ignacio MOLINO, José A. REMON, Alfredo
ALEMÁN, J. CORDOVEZ
For Peru: Luis Oscar BOETTNER
For the Republic of the Philippines: Carlos P.
RÓMULO, J.M. ELIZALDE, Vicente FRANCISCO, Diosdado MACAPAGAL, Emiliano T.
TIRONA, V.G. SINCO
For Saudi Arabia: Asad AL-FAQIH
For Syria: F. EL-KHOURI
For Turkey: Feridun C. ERKIN
For the Union of South Africa: G.P. JOOSTE
For the United Kingdom of Great Britain and
Northern Ireland: Herbert MORRISON, Kenneth YOUNGER, Oliver FRANKS
For the United States of America: Dean ACHESON,
John Foster DULLES, Alexander WILEY, John J. SPARKMAN
For Uruguay: José A. MORA
For Venezuela: Antonio M. ARAUJO, R. GALLEGOS M.
For Viet-Nam: TRAN Van Huu 陳文友, T. VINH, D. THANH, BUU KINH
For Japan: Shigeru YOSHIDA 吉田茂, Hayato IKEDA 池田勇人, Gizo TOMABECHI 苫米地義三, Niro HOSHIJIMA 星島二郎, Muneyoshi TOKUGAWA 徳川宗敬, Hisato ICHIMADA 一万田尚登
🛑 EDITOR'S NOTE ===============
Neither the ROC nor the PRC were invited to the San Francisco Peace Conference which took place Sept. 4–8, 1951, and
neither were parties to the San Francisco Peace Treaty (SFPT). The ROC concluded a separate peace treaty with Japan in 1952
(see below). Of the 51 nations that had sent delegates to the conference, three (Czechoslovakia, Poland and the Soviet Union)
did not sign the SFPT, India and Burma were not present at the conference at all.
Below see the translations for the term "San Francisco Peace Treaty" in Chinese and for the term "Treaty of Peace with Japan"
in Japanese.
Entered
into force on August 5, 1952, by the exchange of the instruments of
ratification at Taipei
Treaty of Peace
The
Republic of China and Japan,
Considering
their mutual desire for good neighbourliness in view of their historical and
cultural ties and geographical proximity; Realising the importance of their
close cooperation to the promotion of their common welfare and to the
maintenance of international peace and security; Recognising the need for a
settlement of problems that have arisen as a result of the existence of a state
of war between them; Have resolved to conclude a Treaty of Peace and have
accordingly appointed as their Plenipotentiaries,
His
Excellency the President of the Republic of China: Mr. YEH KUNG-CHAO;
The
Government of Japan: Mr. ISAO KAWADA
Who,
having communicated to each other their full powers found to be in good and due
form, have agreed upon the following Articles:—
Article 1
The
state of war between the Republic of China and Japan is terminated as from the
date on which the present Treaty enters into force.
Article 2
It is
recognised that under Article 2 of the Treaty of Peace which Japan signed at
the city of San Francisco on 8 September 1951 (hereinafter referred to as the
San Francisco Treaty), Japan has renounced all right, title, and claim to
Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratley Islands
and the Paracel Islands.
Article 3
The
disposition of property of Japan and its nationals in Taiwan (Formosa) and
Penghu (the Pescadores), and their claims, including debts, against the
authorities of the Republic of China in Taiwan (Formosa) and Penghu (the
Pescadores) and the residents thereof, and the disposition in Japan of property
of such authorities and residents and their claims, including debts, against
Japan and its nationals, shall be the subject of special arrangements between
the Government of the Republic of China and the Government of Japan. The terms
nationals and residents include juridical persons.
Article 4
It is
recognised that all treaties, conventions, and agreements concluded before 9 December 1941 between Japan and China have become null and void as a consequence of the
war.
Article 5
It is
recognised that under the provisions of Article 10 of the San Francisco Treaty,
Japan has renounced all special rights and its interests in China, including
all benefits and privileges resulting from the provisions of the final Protocol
signed at Peking on 7 September 1901, and all annexes, notes, and documents
supplementary thereto, and has agreed to the abrogation in respect to Japan of
the said protocol, annexes, notes, and documents.
Article 6
(a) The
Republic of China and Japan will be guided by the principles of Article 2 of the
Charter of the United Nations in their mutual relations.
(b) The
Republic of China and Japan 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.
Article 7
The
Republic of China and Japan will endeavour to conclude, as soon as possible, a
treaty or agreement to place their trading, maritime, and other commercial
relations, on a stable and friendly basis.
Article 8
The
Republic of China and Japan will endeavour to conclude, as soon as possible, an
agreement relating to civil air transport.
Article 9
The
Republic of China and Japan will endeavour to conclude, as soon as possible, an
agreement providing for the regulation or limitation of fishing and the
conservation and development of fisheries on the high seas.
Article 10
For the
purposes of the present Treaty, nationals of the Republic of China shall be
deemed to include all the inhabitants and former inhabitants of Taiwan
(Formosa) and Penghu (the Pescadores) and their descendents who are of the
Chinese nationality in accordance with 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 juridical persons 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).
Article 11
Unless
otherwise provided for in the present Treaty and the documents supplementary
thereto, any problem arising between the Republic of China and Japan as a result of the existence of a state of war shall be settled in accordance with
the relevant provisions of the San Francisco Treaty.
Article 12
Any
dispute that may arise out of the interpretation or application of the present
Treaty shall be settled by negotiation or other pacific means.
Article 13
The
present Treaty shall be ratified and the instruments of ratification shall be
exchanged at Taipei as soon as possible. The present Treaty shall enter into
force as from the date on which such instruments of ratification are exchanged.
Article 14
The
present Treaty shall be in the Chinese, Japanese, and English languages. In
case of any divergence of interpretation, the English text shall prevail.
In
witness whereof the respective Plenipotentiaries have signed the present Treaty
and have affixed thereto their seals.
Done in
duplicate at Taipei, this Twenty Eighth day of the Fourth month of the Forty
First year of the REPUBLIC OF CHINA, corresponding to the Twenty Eighth day of
the Fourth month of the Twenty Seventh year of SHOWA of Japan and to the Twenty
Eighth day of April in the year One Thousand Nine Hundred and Fifty Two.
YEH
KUNG-CHAO, [L.S.] Minister of Foreign Affairs and Plenipotentiary
of
the Republic of China
ISAO
KAWADA, [L.S.] Minister
of Foreign Affairs and Plenipotentiary
The Treaty of Peace between the ROC and Japan/Sino-Japanese Peace Treaty (abbrev. Zhong Ri heping tiaoyue 中日和平條約
or Zhong Ri heyue 中日和約) is commonly also known as the Treaty of Taipei (Taibei heyue 台北和約); in Japanese:
Nippon kokuto Chuka minkoku tono aidano heiwa jōyaku 日本国と中華民国との間の平和条約.
Ratification
advised by the Senate of the United States of America February 9, 1955;
Ratified
by the President of the United States of America February 11,1955;
Ratified
by the Republic of China February 15, 1955;
Ratifications
exchanged at Taipei March 3, 1955;
Proclaimed
by the President of the United States of America April 1,1955;
Entered
into force March 3, 1955.
And
exchange of notes
Signed at
Washington December 10, 1954
By THE
PRESIDENT OF THE UNITED STATES OF AMERICA
A
PROCLAMATION
WHEREAS
the Mutual Defense Treaty between the United States of America and the Republic
of China was signed at Washington on December 2, 1954 by their respective plenipotentiaries, the original of which Treaty in the English and Chinese languages
is word for word as follows:
Mutual Defense Treaty between
the United States of America and the Republic of China
The Parties to this Treaty,
Reaffirming their faith in the purposes and
principles of the Charter of the United Nations and their desire to live in
peace with all peoples and all Governments, and desiring to strengthen the
fabric of peace in the West Pacific Area,
Recalling with mutual pride the relationship which
brought their two peoples together in a common bond of sympathy and mutual
ideals to fight side by side against imperialist aggression during the last
war,
Desiring to declare publicly and formally their
sense of unity and their common determination to defend themselves against
external armed attack, so that no potential aggressor could be under the
illusion that either of them stands alone in the West Pacific Area, and
Desiring further to strengthen their present
efforts for collective defense for the preservation of peace and security
pending the development of a more comprehensive system of regional security in
the West Pacific Area,
Have agreed as follows:
Article 1
The
Parties undertake, as set forth in the Charter of the United Nations, to settle
any international dispute in which they may be involved by peaceful means in
such a manner that international peace, security and justice are not endangered
and to refrain in their international relations from the threat or use of force
in any manner inconsistent with the purposes of the United Nations.
Article 2
In
order more effectively to achieve the objective of this Treaty, the Parties
separately and jointly by self-help and mutual aid will maintain and develop
their individual and collective capacity to resist armed attack and communist
subversive activities directed from without against their territorial integrity
and political stability.
Article 3
The
Parties undertake to strengthen their free institutions and to cooperate with
each other in the development of economic progress and social well-being and to
further their individual and collective efforts toward these ends.
Article 4
The
Parties, through their Foreign Ministers or their deputies, will consult
together from time to time regarding the implementation of this Treaty.
Article 5
Each
Party recognizes that an armed attack in the West Pacific Area directed against
the territories of either of the Parties would be dangerous to its own peace
and safety and declares that it world act to meet the common danger in
accordance with its constitutional processes.
Any such armed attack and all measures taken as a result
thereof shall be immediately reported to the Security Council of the United
Nations. Such measures shall be terminated when the Security Council has taken
the measures necessary to restore and maintain international peace and
security.
Article 6
For the
purposes of Articles II and V, the terms "territorial" and
"territories" shall mean in respect of the Republic of China, Taiwan
and the Pescadores: and in respect of the United States of America, the island
territories in the West Pacific under its jurisdiction. The provisions of
Articles II and V will be applicable to such other territories as may be
determined by mutual agreement.
Article 7
The
Government of the Republic of China grants, and the Government of the United
Stares of America accepts, the right to dispose such United States land, air
and sea forces in and about Taiwan and the Pescadores as may be required for
their defense, as determined by mutual agreement.
Article 8
This
Treaty does not affect and shall not be interpreted as affecting in any way the
rights and obligations of the Parties under the Charter of the United Nations
or the responsibility of the United Nations for the maintenance of
international peace and security.
Article 9
This
Treaty shall be ratified by the United States of America and the Republic of
China in accordance with their respective constitutional processes and will
come into force when instruments of ratification thereof have been exchanged by
them at Taipei.
Article 10
This
Treaty shall remain in force indefinitely. Either Party may terminate it one
year after notice has been given to the other Party.
IN WITNESS WHEREOF the undersigned
Plenipotentiaries have signed this Treaty.
DONE in duplicate, in the English and Chinese
languages, at Washington on this second day of December of the Year One
Thousand Nine Hundred and Fifty-four, corresponding to the second day of the
twelfth month of the Forty-third year of the Republic of China.
FOR THE
UNITED STATES OF AMERICA: John Foster Dulles
[Approved by House vote 409-3 on January 25, 1955 and by Senate vote 85-3 on January 28, 1955]
U.S. Congressional Authorization for
the President to Employ the Armed Forces of the United States to Protect Formosa, the Pescadores, and Related Positions and Territories of That Area
Whereas the primary purpose of the United States,
in its relations with all other nations, is to develop and sustain a just and
enduring peace for all; and Whereas certain territories in the West Pacific
under the jurisdiction of the Republic of China are now under armed attack, and
threats and declarations have been and are being made by the Chinese Communists
that such armed attack is in aid of and in preparation for armed attack on
Formosa and the Pescadores,
Whereas such armed attack if continued would
gravely endanger the peace and security of the West Pacific Area and
particularly of Formosa and the Pescadores; and
Whereas the secure possession by friendly
governments of the Western Pacific Island chain, of which Formosa is a part, is
essential to the vital interests of the United States and all friendly nations
in or bordering upon the Pacific Ocean; and
Whereas the President of the United States on
January 6, 1955, submitted to the Senate for its advice and consent to
ratification a Mutual Defense Treaty between the United States of America and
the Republic of China, which recognizes that an armed attack in the West
Pacific Area directed against territories, therein described, in the region of
Formosa and the Pescadores, would be dangerous to the peace and safety of the parties
to the treaty:
Therefore be it
Resolved by the Senate and House of
Representatives of the United States of America in Congress assembled,
That the President of the United States be and he
hereby is authorized to employ the Armed Forces of the United States as he
deems necessary for the specific purpose of securing and protecting Formosa and
the Pescadores against armed attack, this authority to include the securing and
protection of such related positions and territories of that area now in
friendly hands and the taking of such other measures as he judges to be
required or appropriate in assuring the defense of Formosa and the Pescadores.
This
resolution shall expire when the President shall determine that the peace and
security of the area is reasonably assured by international conditions created
by action of the United Nations or otherwise, and shall so report to the
Congress.
🛑 EDITOR'S NOTE ===============
In Chinese, the Formosa Resolution by the US Congress (Meiguo guohui 美國國會) is called Taiwan jueyi'an
台灣決議案 or Fuermosha jueyi'an 福爾摩沙決議案. US President Dwight D. Eisenhower signed it into law on Jan. 29, 1955.
It was repealed by the US Congress on Oct. 26, 1974.
The Minister of Defense’s [Peng Dehuai] Proclamation to Taiwan Compatriots
(October 6, 1958)
Military and Civilian Compatriots on Taiwan, Penghu [Islands], Jinmen, Mazu:
We are all Chinese; of the thirty-six stratagems, Peace is the best. The battle for Jinmen is of a punitive nature. Your leaders have for a long time been too outrageous, directing aircraft to fly all over the mainland, reaching as far as Yunnan, Guizhou, Sichuan, Xikang, Qinghai, where they scattered leaflets, dropped spies, bombed Fujian, and harassed Jiangsu and Zhejiang. This is beyond intolerable. Therefore, we fired a few cannons, to get your attention.
Taiwan, Penghu, Jinmen and Mazu are Chinese territory. On this point you agree, as can be seen in your leader’s statements, and they are definitely not American territory. Taiwan, Penghu, Jinmen and Mazu are part of China, and not a separate country. There is only one China in the world, there are not two Chinas. On this point you also agree, as can be seen in your leader’s statements. Your leader has signed a military agreement with the Americans, which is one-sided, we don’t accept it, and it ought to be invalidated.
The Americans will certainly one day abandon you, don’t you believe it? The giant that is history will bear evidence to this. The clue is already exposed in Dulles’ September 30 interview. Can you not shiver, standing in your position? After all, American imperialism is our common enemy. 130,000 soldiers and civilians on Jinmen are running out of supplies, suffering from cold and hunger. They cannot go on in this condition. For humanitarian reasons, I have already ordered the front lines in Fujian [to observe] a one week temporary cease fire, starting on October 6, so that you can completely and freely transport supplies, on the condition that there is no American convoy. If there is a convoy then it won’t apply.
This war between us has already been going on for more than thirty years and still hasn’t ended, and that is not good. We propose holding negotiation, to achieve a peaceful settlement. Several years ago Premier Zhou [Enlai] had already told you about this. This is China’s internal affair, a problem between our two sides, it isn’t a bilateral problem involving the United States and China. The U.S. occupation of Taiwan, Penghu, and the Taiwan Straits – that is a bilateral problem between the United States and China, which ought to be resolved through negotiations between the two countries, and there are currently talks being held in Warsaw.
The Americans will have to leave one day, there is no alternative. It would be in the Americans’ interest to leave earlier, because they would retain the initiative. Leaving later won’t be good [for them] because they will be forced. Why did an Eastern Pacific country come to the Western Pacific? The Western Pacific is the Western Pacific people’s Western Pacific, just the same as the Eastern Pacific is the Eastern Pacific people’s Eastern Pacific, this is just common sense, and the Americans ought to understand it. There is no war between the People’s Republic of China and the United States, so there is no so-called cease-fire. To talk about a cease-fire where there is no fire, isn’t it plain nonsense? Friends on Taiwan, there are the fires of war between us, which ought to stop, and be extinguished. This will require negotiations. Of course, to fight for another thirty years would be no big deal, but ultimately it would be preferable to come to an early peaceful resolution. Please, it’s up to you to decide where you want to go.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
By Ely Maurer Assistant Legal Adviser for Far Eastern Affairs 1
Since August 23, when the Chinese Communists began their massive bombardment of Quemoy, no item has received as much coverage in the world press as the problems of Formosa and the offshore islands. We are now in a period of relative calm. However, in the 4 months that have elapsed since August 23 considerable discussion and world anxiety have been generated by the matter. In this discussion there have been intertwined elements of policy and of law. I do not intend here to go into the policy issues. I appreciate the opportunity you have afforded me to take up the legal problems. With respect to the questions of law these involve a blend of national and international aspects.
Before going into the legal problems it is desirable to review briefly the geographical and historical background of Formosa and the offshore islands.
Background
Formosa, or Taiwan, is an island about 100 miles from the mainland of China. It has an area equal to that of Maryland and a population of about 10 million people, comprising 8.5 million persons of Chinese descent, 1.5 million mainland Chinese, and 100,000 aborigines. Close to and westward of Formosa are the Pescadores Islands, or Penghus. I shall use the term “Formosa” hereafter as also covering these islands.
Close to the mainland of China, in the vicinity of the city of Amoy and about 5 miles away, is the Quemoy group of islands consisting mainly of Big Quemoy, Little Quemoy, and the two tiny Tan Islands.
About 120 miles up the mainland coast and in the vicinity of Foochow and about 10 miles off the coast is the Matsu group of islands.
Both these groups are in the control of the Republic of China. I shall hereafter speak of them as the offshore islands. These islands have been for a very long time under Chinese sovereignty.
Since the middle of the 17th century and up to 1895 Formosa was a part of the Chinese Empire. In 1895 under the Treaty of Shimonoseki China ceded Formosa to Japan. In the Cairo conference in November 1943 the United States, United Kingdom, and China declared it was their “purpose” that Manchuria, Formosa, and the Pescadores “shall be restored to the Republic of China.” Thereafter in August 1945 in the Potsdam conference the United States, United Kingdom, and China declared that “the terms of the Cairo Declaration shall be carried out.” This Potsdam declaration was subsequently adhered to by the U.S.S.R. On September 2, 1945, the Japanese Government, in the instrument of surrender, accepted the provisions of the declaration. The Supreme Allied Commander for the Allied Powers then issued Directive No. 1, under which the Japanese Imperial Headquarters issued General Order No. 1 requiring Japanese commanders in Formosa to surrender to Generalissimo Chiang Kai-shek of the Republic of China. Since September 1945 the United States and the other Allied Powers have accepted the exercise of Chinese authority over the island. In article 2 of the Japanese Peace Treaty, which entered into force April 28, 1952, Japan renounced all “right, title and claim” to Formosa. Neither this agreement nor any other agreement thereafter has purported to transfer the sovereignty of Formosa to China.
In the meantime, since the end of the war in 1945, the Chinese Communists had been engaged in open hostilities with the Republic of China. On October 1, 1949, they proclaimed the establishment of the People's Republic of China. Two days later the Soviet Union established diplomatic relations with this regime. The Chinese Communists made their first attempt to capture Quemoy in late 1949 and were repulsed with heavy losses by the Chinese Government on October 27. The Chinese Government had been transferring its offices to Taipei, Formosa, and early in December 1949 Taipei became the provisional capital of the Republic of China.
On January 5, 1950, President Truman, in a public statement regarding Formosa, declared that the United States had no predatory designs on Formosa or on any other Chinese territory, did not seek any special privileges therein, and would not pursue a course which would lead to involvement in the civil conflict in China. 2 However, when the Communists attacked the Republic of Korea on June 25, 1950, President Truman issued a public statement noting that the Communists had made clear their intent to use armed invasion and war for purposes of conquest and had defied the Security Council of the United Nations. 3 He thereupon ordered the Seventh Fleet “to prevent any attacks on Formosa” and as a corollary called upon the Chinese Government to cease all operations against the mainland. In addition he stated that “The determination of the future status of Formosa must await the restoration of security in the Pacific, a peace settlement with Japan, or consideration by the United Nations.”
On August 24, 1950, the Chinese Communist regime sent a telegram to the President of the United Nations Security Council calling President Truman's action “a direct armed aggression on the territory of China and a total violation of the United Nations Charter.” In a statement on the same day the State Department said the United States would welcome the United Nations consideration of the problem, and on September 21 we formally asked that it be put on the agenda of the General Assembly. The United States made this request at a time when there seemed to be a reasonable prospect that peace and security could be restored in Korea. When these hopes were destroyed by Chinese Communist intervention in Korea, the United States on November 15 asked that consideration of the Formosa question be deferred. In the meantime the Soviet Union had initiated resolutions in the General Assembly and Security Council of the United Nations condemning the United States for alleged “armed invasion” of Formosa. The General Assembly never endorsed the charges, and they were dropped. The Security Council defeated the Soviet resolution on November 30 by a vote of 9 to 1.
In July of 1954, at the time when the Geneva Accords were being negotiated to end hostilities in Indochina, the Chinese Communist regime launched a massive propaganda campaign for the “liberation of Taiwan.” On September 3 the Chinese Communists began a heavy bombardment of the island of Quemoy, and military attacks spread to coastal islands including the Tachen Islands to the north. Against this background the United States–Republic of China Mutual Defense Treaty was signed on December 2, 1954. 4 The territorial coverage of the treaty in respect of China was limited to Formosa. The treaty was accompanied by an exchange of notes of December 10 5 by which the United States and the Republic of China undertook not to use force from the Formosa area or the offshore islands except by joint agreement or in self-defense. It might be pointed out that these defensive arrangements merely formalized and did not in any way extend the United States undertaking for the defense of Formosa going back to June 1950.
The Peiping regime propaganda campaign was stepped up throughout December and January, and the Chinese Communists launched heavy aerial bombardment on the coastal islands and invaded and seized Ichiang Island. These actions were accompanied by broadcast declarations that the actions were preliminary to the taking of Formosa. Following these attacks President Eisenhower on January 24, 1955, requested a resolution from Congress publicly establishing the authority of the President to employ United States forces as he deemed necessary to secure and protect Formosa from armed attack. This joint resolution was passed January 29. 6 The United States also supported in the United Nations Security Council a New Zealand proposal for the consideration of the question of hostilities in the offshore-island area. However, the Peiping regime refused the invitation of the Security Council to be present and participate in the discussion. The Chinese Communists said that the New Zealand resolution was not within the competence of the United Nations because the liberation of Formosa and other coastal islands was a matter of “sovereign right” and an internal affair.
In several statements made in 1955 the President and the Secretary of State reiterated the desire of the United States to find a peaceful solution to the tension in the Formosa area, and ambassadorial talks were opened in Geneva in 1955 with the Chinese Communists relating to this subject as well as other topics. However, these conversations proved abortive since the Chinese Communists refused to agree to a proposal which concerned renunciation of force in the Formosa area.
During the period from February 1955 up to August 23 of this year the Chinese Communist attacks on the Republic of China were relatively infrequent. Then on August 23 the Chinese Communists commenced a massive bombardment of the Quemoy Islands, once again resorting to armed force and precipitating a grave situation in the Formosan Straits. From the beginning of the attacks the United States has shown a desire for a peaceful resolution of the crisis in the Formosa Straits. When the Chinese Communists on September 6 stated a willingness to resume the suspended ambassadorial talks at Geneva, the United States welcomed the prospect. Since that time the United States has, in talks now taking place in Warsaw, been seeking to obtain a cessation of Chinese Communist attacks.
On October 5 the Chinese Communists announced a 1-week suspension of the bombardment, conditional on the discontinuance of the United States escort activities. The Department of State issued a statement welcoming the Communist move and expressing the hope it foreshadowed a permanent end to the attacks. 7 At the end of the week the Chinese Communists extended their cease-fire for another 2 weeks. However, on October 20, justifying their action on alleged escorting activities, the Chinese Communists resumed bombardment but announced shortly thereafter that bombardment of certain areas on Quemoy would only take place on odd numbered days. Since that time bombardment has greatly diminished.
As a result of meetings between Secretary Dulles and Chiang Kai-shek pursuant to article IV of the Mutual Defense Treaty a joint communique was issued on October 23. 8 In this communique it was recognized that under the present conditions the defense of the offshore islands is “closely related” to the defense of Formosa. Further, the Republic of China stated that the “principal means” of restoring freedom to its people on the mainland is the implementation of Dr. Sun Yat-sen's “three people's principles” and “not the use of force.”
This then brings us up to the present. On the basis of this background we can now go into the legal issues presented.
National Legal Problems
The legal problems concerning Formosa and the offshore islands break down into two main subdivisions: (a) the legal problems with respect to the authority of the Executive under United States law, and (b) the authority of the United States Government under international law. It may be best to consider the national aspect first.
In January 1955, in a period in which the Chinese Communists were taking menacing actions with respect to the offshore islands and Formosa and after we had signed a Mutual Defense Treaty with the Republic of China, the President sent a message to Congress urging a resolution by Congress authorizing him, if necessary, to take military action in the Formosa area. The message recited that Formosa constituted a part of the vital island chain of defenses of the United States and free nations in the Western Pacific. The President alluded to Quemoy as “one of the natural approaches to Formosa” and said that attacks upon the offshore islands have been asserted by the Chinese Communists themselves to be “a prelude to the conquest of Formosa.” The President then said:
But, unhappily, the danger of armed attack directed against that area compels us to take into account closely related localities and actions which, under current conditions, might determine the failure or success of such an attack. The authority that may be accorded by the Congress would be used only in situations which are recognizable as parts of, or definite preliminaries to, an attack against the main positions of Formosa and the Pescadores.
After serious debate Congress passed House Joint Resolution 159 (Public Law 4, 84th Congress, 1st session, chapter 4). This resolution reads in pertinent part:
... the President of the United States be and he is hereby authorized to employ the Armed Forces of the United States as he deems necessary for the specific purpose of securing and protecting Formosa and the Pescadores against armed attack, this authority to include the securing and protection of such related positions and territories of that area now in friendly hands and the taking of such other measures as he judges to be required or appropriate in assuring the defense of Formosa and the Pescadores.
In the light of the above, let us first take up the question of the authority of the President to take military action to defend Formosa. In this connection it should be recalled that under article V of the Mutual Defense Treaty between the United States and the Government of China it is provided that an armed attack on the territories of one of the parties would be dangerous to the other party's peace and security and the other party declare that it would act to meet the common danger “in accordance with its constitutional processes.” Under article VI the term “territories” in respect to the Republic of China is limited to Formosa (and the Pescadores). Thus if an armed attack took place on Formosa the question might arise as to the content of the phrase “in accordance with its constitutional processes.” It might be argued that it is only Congress which could take action under the constitutional provision giving it the power to declare war. However, as is well known, it is considered that the President has a large power to take military action in emergency situations for the defense of the United States without awaiting action by Congress. In the present situation, House Joint Resolution 159 eliminates any problem on this score since, in the words of the President's message, the resolution clearly and publicly establishes the authority of the President to take military action in the defense of Formosa as he deems necessary.
The second question concerns the authority of the President to take action to defend the offshore islands. The Mutual Defense Treaty does not cover in its territorial scope the offshore islands, and there is no commitment therein of United States action in their defense. However, House Joint Resolution 159 authorizes the President to protect “such related positions and territories of that area now in friendly hands” and to take “such other measures as he judges to be required or appropriate in assuring the defense of Formosa and the Pescadores.” What is the meaning of this clause?
It has been argued that the phrase “related positions and territories” refers only to areas that are necessary from the standpoint of military tactics for the defense of Formosa. Thus, this argument runs, the President has only the power to defend Quemoy if Quemoy in a military sense is essential to the defense of Formosa, so that if Quemoy fell the defense of Formosa would be tactically impossible. The argument continues that, since Quemoy is not essential in this sense, the President has no authority to defend it.
It is our view that the language with respect to the offshore islands, read in its natural sense and with relation to the background message of the President and the debate in Congress, permits a broader meaning. (1) The word “related” would seem logically to cover the situation where the position or territory in question is not “essential” to the defense of Formosa but one in which the loss of the position or territory would make that defense harder or more difficult. (2) More importantly, the word “related” would appear to cover the situation in which the offshore islands are part and parcel of a general plan for the seizure of Formosa or preliminary thereto. In the present situation it is evident from the innumerable statements issued by the Chinese Communists that they view their whole action with respect to the offshore islands as related in this way to the “liberation” of Formosa. (3) Further, it is improper in our view to give a too physical interpretation to the word “related.” In this connection it might be pointed out that the offshore islands constitute an extremely important psychological element in the will to resist of the defenders of Formosa. In this sense the loss of the offshore islands is quite clearly related to the defense of Formosa. (4) Fourthly, emphasis should be given to the language “such related positions” as “he judges to be required or appropriate” in assuring the defense of Formosa. Implicit in this language is that discretion is lodged in the President to determine what related positions are required or appropriate in the defense of Formosa. (5) Fifthly, it should be emphasized the President has also power to take “such other measures as he judges to be required or appropriate” in the defense of Formosa, and this is not tied down to any phrase as to “related positions.”
Considering the cumulative effect of all these points and taking into account the inherent constitutional powers of the President, it is our view that the President has an extremely broad latitude of decision with respect to taking action to defend the offshore islands. In this connection it will be recalled that in the joint communique issued on October 23 at Taipei, at the conclusion of the Dulles-Chiang discussions, it was stated that “It was recognized that under the present conditions the defense of the Quemoys, together with the Matsus, is closely related” to the defense of Formosa.
International Legal Problems
On the international front it is best to examine the problem of Formosa separately from the problem of the offshore islands.
In giving the historical background of Formosa it has been pointed out that at Cairo the Allies stated it was their purpose to restore Formosa to Chinese sovereignty and that at the end of the war the Republic of China receive the surrender of Japanese forces on Formosa. It has also been pointed out that under the Japanese Peace Treaty Japan renounced all right, title, and claim to Formosa. However, neither in that treaty nor in any other treaty has there been any definitive cession to China of Formosa. The situation is, then, one where the Allied Powers still have to come to some agreement or treaty with respect to the status of Formosa. Any action, therefore, of the Chinese Communist regime to seize Formosa constitutes an attempt to seize by force territory which does not belong to it. Such a seizure is prohibited by international law and the United Nations Charter as an attempt to settle a claim to territory by force. It would thus appear that the United States is within its legal rights in taking action to defend Formosa.
With respect to the offshore islands the situation is admittedly somewhat different. There is no question that these islands are a part of the state of China. It may be admitted further that these islands are close to the mainland of China. However, the offshore islands have been in the possession and effective control of the Government of the Republic of China since its inception, except for the period of the Japanese war. Since 1949 a status quo has come into existence vis-a-vis the Peiping regime. It is this status quo which the Chinese Communists have threatened with the menace of armed force. It is our view that we have here in fact a situation comparable to that which obtained in Korea preceding the invasion of south Korea by north Korea. In other words, the action of the Chinese Communists in taking warlike measures is an effort to change the status quo and to gain additional territory by force in violation of the prohibitions of the United Nations Charter.
It has been urged that this is essentially a civil war and therefore it is improper for the United States to participate with the Government of the Republic of China in defense of the offshore islands. It should first be pointed out that it is too narrow to look upon the conflict merely as a civil war. Even as early as the end of the war with Japan the Soviet Union, in violation of its treaty with the Chinese Nationalists, turned over large stores of equipment and in other ways furnished material aid to the Chinese Communists. Since that time the Soviet Union has continued giving large assistance to the Chinese Communist regime. Thus much of the ammunition, artillery, and planes that are at present being used by that regime derive from Russian sources. And the Soviet Union is allied by military treaty with the Chinese regime. On the other hand the United States has vital interests in the Formosa area and is allied with the Republic of China in a Mutual Defense Treaty and has agreements to supply arms for defensive purposes. In the circumstances it seems fair to say that we are here involved in what is realistically an international dispute which the Communist regime is attempting to settle by force.
Further with respect to the argument that this is a civil war, it will be recalled that this was the same argument that was made by Vishinsky regarding the north Korean invasion of south Korea. It was an argument however which the United Nations paid no heed to but, instead, viewed the action of the north Koreans as one of aggression which came under the ban of the United Nations Charter. Secretary Dulles has summarized the situation forcefully in a speech before the United Nations General Assembly on September 18. 9 He said:
1. The Chinese Communist regime has never during its 9 years of existence exercised authority over Taiwan, the Penghus, or the Quemoy or Matsu Islands.
2. The Chinese Communist regime is now attempting to extend its authority to these areas by the use of naked force.
The issue is thus a simple one: armed conquest.
In 1950 the United Nations met that issue squarely. By overwhelming vote it found that the attack of north Korea to “unify” Korea was armed aggression. It condemned the Chinese Communist regime as an aggressor because of its part in that armed attack.
I do not ignore the argument that today's Chinese Communist attack is a “civil war” operation. Mr. Vishinsky made a parallel argument in 1950. He told us that the war in Korea was purely a “civil war” and that outsiders who intervened were “aggressors.” The United Nations overwhelmingly rejected that contention. ...
The fact is that, when one regime attempts by force to take additional territory which has long been under the authority of another government, recognized as such by a respectable part of the world community, that is a use of force which endangers world order.
On this phase of the matter it is our view, then, that the United States would be justified from an international standpoint in cooperating with the Republic of China in the defense of the offshore islands and Formosa.
Recognition of Communist China
Related to the problems of Formosa and the offshore islands is the question of the recognition policy of the United States. The United States Government has been criticized for its failure to recognize the Chinese Communist regime, some commentators taking the view that, since the Communist regime controls the great mass of mainland China as well as its 600 million inhabitants, the United States must accord recognition. It is the view of the United States Government that international law does not require one government to accord diplomatic recognition to another government. It is our view that the matter of diplomatic recognition is one solely to be determined as the national interest dictates, and in this case on an examination of all facets of the subject the United States Government believes that it would be contrary to our national interest to accord recognition. The various considerations involved in reaching this conclusion were spelled out in press release No. 459 of August 11, 1958, issued by the State Department. 10 This press release embodied the text of a memorandum sent by the Department to its missions abroad.
It is true that, in reviewing whether we should extend recognition, the United States Government, in this as well as in previous administrations, has looked to certain factors which are generally considered significant. These factors are (1) whether the government in question is in control of a certain territory, (2) whether the government reflects the will of the nation substantially declared, (3) whether the government is prepared to honor its international obligations. While the United States examines these factors, we do not view recognition as required upon a satisfactory finding with respect to these factors. Even if that were our view, there is serious question whether the Chinese Communist regime can in any way be considered to reflect the will of the nation; and there is no doubt, in view of flagrant past treaty violations and violations of the United Nations Charter and violations of international law and in view of statements made by the Chinese Communist regime about disregarding preexisting treaties, that the Chinese Communist regime is not prepared to honor its international obligations. Thus, even on this view, the Chinese Communists are not entitled to recognition.
As Secretary Dulles has pointed out, however, our failure to recognize the Chinese Communist regime has not meant that we refuse to deal with them where it is essential to our purpose and inures to our benefit. Thus we are at present carrying on conversations in Warsaw as we have carried on conversations in Geneva; we dealt with them in the Korean armistice negotiations; we dealt with them with respect to the cease-fires in Indochina; and we are prepared to deal with them whenever we believe it to be in the interest of the United States to do so.
Territorial Sea
As a collateral legal issue related to the Formosa Straits area there has arisen the question of the extent of the territorial sea. The Chinese Communist regime in a declaration dated September 4, 1958 declared their territorial sea to extend to 12 miles. In addition, their declaration indicated that they viewed the baselines from which the 12 miles were to be calculated as being points connecting basepoints on the mainland and on certain islands offshore. On the ground of this declaration they considered all the waters around the Quemoys and Matsus and areas well into the Formosa Straits as being internal or territorial waters, and they have charged the United States forces with more than 40 intrusions of such internal or territorial waters by warships and aircraft. The United States position on this matter is quite clear. The United States only recognizes the Government of the Republic of China; and as far as the United States is concerned the declaration of the Chinese Communist regime has therefore no force or validity. In addition the United States considers that international law recognizes only a 3-mile limit, that it is not possible for a country by unilateral action to take unto itself that which is the common property of all nations, and that this is, moreover, in violation of the universally accepted principle of the freedom of the high seas. The United States position finds support in the report of the United Nations International Law Commission 11 wherein it is stated that “international law does not require states to recognize a breadth [of territorial sea] beyond 3 miles.”
Further, a country is not free to choose whether its territorial sea will be measured from the lowwater mark on the coast, which is the normal baseline, or whether it will use straight baselines connecting salient points or offshore islands. While article 4 of the Geneva Convention on the Territorial Sea and the Contiguous Zone 12 adopted by the recent Geneva Conference on Law of the Sea permits the establishment of straight baselines in localities where the coastline is deeply indented and cut into or if there is a fringe of islands along the coast in its immediate vicinity, it is clear that the Chinese coast along which the straight lines described in the statement of September 4 are drawn does not conform to the geographic conditions which are set forth in article 4. There is even less legal basis for drawing straight baselines from outermost points on a group of islands and claiming waters thereby included as internal waters. Similar attempts by other countries to claim, as internal waters, large areas of high seas within groups of islands or archipelagoes have been protested by many countries. The straight baselines described in the statement of September 4, 1958, are accordingly regarded by the United States as completely arbitrary and without any basis in recognized international law.
Another problem has been raised in the press with respect to United States escort activities of vessels of the Republic of China. Heretofore the United States vessels have avoided entering the territorial sea around Quemoy and the other offshore islands. The question has been raised whether in so doing we have been giving some implied recognition to the claim of the Chinese Communist regime as to its right to this territorial sea. Nothing could be further from the fact. Since the Government of the Republic of China is in effective control of Quemoy and the other offshore islands, we consider that it has the right to the territorial sea around these islands, just as it has the right to the territorial sea around Formosa. Moreover, just as our warships have, with the consent of the Government of the Republic of China, moved through the territorial sea of Formosa, so similarly with the consent of the Government of the Republic of China they could move through the territorial sea of Quemoy and the other offshore islands. There is no question that the Government of the Republic of China would be willing to give the United States such permission with respect to Quemoy and the offshore islands. However, the United States has thought it best as a matter of policy to keep United States warships in what are clearly international waters near Quemoy and the other offshore islands.
Conclusion
In conclusion, it is our view that from a national and international standpoint the President may properly use United States armed forces for the defense of Formosa and the offshore islands; the United States is not required to recognize the Chinese Communist regime; the declaration by the Chinese Communist regime regarding a 12-mile territorial sea has no validity.
Footnotes
1
Address made before Washington Chapter of the Federal Bar Association at Washington, D. C., on Nov. 20 (press release 723 dated Nov. 28).
2
BULLETIN of Jan. 16, 1950, p. 79.
3
Ibid., July 3, 1950, p. 5.
4
For background and text, see ibid., Dec. 13, 1954, p. 895.
5
Ibid., Jan. 24, 1955, p. 152.
6
For President Eisenhower’s message to Congress and text of the resolution, see ibid., Feb., 7, 1955, p. 211.
7
Ibid., Oct. 27, 1958, p. 650.
8
For text of the communique and a statement by Secretary Dulles, see ibid., Nov. 10, 1958, p. 721.
9
Ibid., Oct. 6, 1958, p. 525.
10
Ibid., Sept. 8, 1958, p. 385.
11
U. N. doc. A/3159.
12
BULLETIN of June 30, 1958, p. 1111.
(Source: Department of State Bulletin, Vol. XXXIX, No. 1017, pp. 1005-1011; dated Dec. 22, 1958)
Desiring to strengthen the bonds of peace and friendship
traditionally existing between them, and to uphold the principles of democracy,
individual liberty, and the rule of law,
Desiring further to encourage closer economic
cooperation between them and to promote conditions of economic stability and
well-being in their countries,
Reaffirming their faith in the purposes and
principles of the Charter of the United Nations, and their desire to live in
peace with all peoples and all governments,
Recognizing that they have the inherent right of
individual or collective self-defense as affirmed in the Charter of the United
Nations,
Considering that they have a common concern in the
maintenance of international peace and security in the Far East,
Having resolved to conclude a treaty of mutual
cooperation and security,
Therefore agree as follows:
Article 1
The
Parties undertake, as set forth in the Charter of the United Nations, to settle
any international disputes in which they may be involved by peaceful means in
such a manner that international peace and security and justice are not
endangered and to refrain in their international relations from the threat or
use of force against the territorial integrity or political independence of any
state, or in any other manner inconsistent with the purposes of the United Nations.
The Parties will endeavor in concert with other peace-loving countries to
strengthen the United Nations so that its mission of maintaining international
peace and security may be discharged more effectively.
Article 2
The
Parties will contribute toward the further development of peaceful and friendly
international relations by strengthening their free institutions, by bringing
about a better understanding of the principles upon which these institutions
are founded, and by promoting conditions of stability and well-being. They will
seek to eliminate conflict in their international economic policies and will
encourage economic collaboration between them.
Article 3
The
Parties, individually and in cooperation with each other, by means of
continuous and effective self-help and mutual aid will maintain and develop,
subject to their constitutional provisions, their capacities to resist armed
attack.
Article 4
The
Parties will consult together from time to time regarding the implementation of
this Treaty, and, at the request of either Party, whenever the security of Japan or international peace and security in the Far East is threatened.
Article 5
Each
Party recognizes that an armed attack against either Party in the territories
under the administration of Japan would be dangerous to its own peace and
safety and declares that it would act to meet the common danger in accordance
with its constitutional provisions and processes. Any such armed attack and all
measures taken as a result thereof shall be immediately reported to the
Security Council of the United Nations in accordance with the provisions of
Article 51 of the Charter. Such measures shall be terminated when the Security
Council has taken the measures necessary to restore and maintain international peace
and security.
Article 6
For the
purpose of contributing to the security of Japan and the maintenance of
international peace and security in the Far East, the United States of America is granted the use by its land, air and naval forces of facilities
and areas in Japan. The use of these facilities and areas as well as the status
of United States armed forces in Japan shall be governed by a separate
agreement, replacing the Administrative Agreement under Article III of the
Security Treaty between Japan and the United States of America, signed at Tokyo
on February 28, 1952, as amended, and by such other arrangements as may be
agreed upon.
Article 7
This
Treaty does not affect and shall not be interpreted as affecting in any way the
rights and obligations of the Parties under the Charter of the United Nations
or the responsibility of the United Nations for the maintenance of
international peace and security.
Article 8
This
Treaty shall be ratified by Japan and the United States of America in
accordance with their respective constitutional processes and will enter into
force on the date on which the instruments of ratification thereof have been
exchanged by them in Tokyo.
Article 9
The
Security Treaty between Japan and the United States of America signed at the
city of San Francisco on September 8, 1951 shall expire upon the entering into
force of this Treaty.
Article 10
This
Treaty shall remain in force until in the opinion of the Governments of Japan
and the United States of America there shall have come into force such United
Nations arrangements as will satisfactorily provide for the maintenance of
international peace and security in the Japan area. However, after the Treaty
has been in force for ten years, either Party may give notice to the other Party
of its intention to terminate the Treaty, in which case the Treaty shall
terminate one year after such notice has been given.
In
witness whereof the undersigned Plenipotentiaries have signed this Treaty.
Done in
duplicate at Washington in the Japanese and English languages, both equally
authentic, this 19th day of January, 1960.
FOR
JAPAN: Nobusuke Kishi 岸信介, Mitsujiro
Ishii 石井光次郎,
Koichiro Asakai 朝海浩一郎, Aiichiro Fujiyama 藤山愛一郎,
Tadashi Adachi 足立正.
FOR THE
UNITED STATES OF AMERICA: Christian A.
Herter
J.
Graham Parsons Douglas
MacArthur 2nd
🛑 EDITOR'S NOTE ===============
The Treaty of Mutual Cooperation and Security between the United States and Japan is called as follows
in Chinese and Japanese:
Chinese
Japanese
Meilijian hezhongguo yu
Ribenguo zhi anquan baozhang tiaoyue 美利堅合眾國與日本國之安全保障條約, abbrev. Mei Ri
anbao tiaoyue 美日安保條約
Nippon kokuto Amerika gasshū koku tono aidano sōgo kyōryoku
oyobi anzen hoshō jōyaku 日本国とアメリカ合衆国との間の相互協力及び安全保障条約
Memorandum
from the Assistant Legal Adviser for Far Eastern Affairs (L/FE - John J.
Czyzak) to Mr. Abram Chayes, Legal Adviser
February 3, 1961
Subject: "Legal Status of Formosa (Taiwan) and the
Pescadores Islands (Penghu)"
History of status of Formosa and the Pescadores
Prior to the Korean Hostilities
From the middle of the 17th century to 1895, Formosa and
the Pescadores were part of the Chinese Empire. China then ceded these islands
to Japan in 1895 in the Treaty of Shimonoseki.
When China declared war on Japan on December 9, 1941, she
also declared that all treaties concerning the relations between China and
Japan "are and remain null and void".
In the Cairo Declaration of 1943, the United States,
Great Britain and China stated it to be their purpose that "all the territories
that Japan has stolen from the Chinese, such as ... Formosa and the Pescadores,
shall be restored to the Republic of China". These same three governments on
July 26, 1945 issued the Potsdam Proclamation declaring that "the terms of the
Cairo Declaration shall be carried out and Japanese sovereignty shall be
limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor
islands as we determine". On August 8, 1945 the Soviet Union adhered to the
Potsdam Proclamation. In the Instrument of Surrender signed September 2, 1945,
the Japanese Government accepted its provisions.
Pursuant to Japanese Imperial General Headquarters
General Order No. 1 issued at the direction of the Supreme Commander for the
Allied Powers (SCAP), Japanese commanders in Formosa surrendered to
Generalissimo Chiang Kai-shek "acting on behalf of the United States, the
Republic of China, the United Kingdom and the British Empire, and the Union of
Soviet Socialist Republics". Continuously since that time, the Government of
the Republic of China has occupied and administered Formosa and the Pescadores
and subsequent to the surrender declared Formosa to be a part of China.
Although there is no indication that the United States ever received official
notification of such declaration, it can be said that the United States was
aware of the fact that the Republic of China treated Formosa as a part of
China. The view of the United States government in the post-war period,
however, was typified by a statement on April 11, 1947 of Acting Secretary
Acheson that the transfer of sovereignty over Formosa to China "has not yet
been formalized". Sovereignty, it would appear, remained in Japan.
After a prolonged period of civil strife, the Chinese
Communists succeeded in driving the Government of the Republic of China off the
Chinese mainland. On October 1, 1949 the Chinese Communists proclaimed the
establishment of the Peoples Republic of China. The seat of the Government of
the Republic of China was transferred to Formosa, and in early December 1949,
Taipei became its provisional capital.
The Korean Conflict
The outbreak of hostilities in Korea on June 25, 1950
brought to the fore the question of the status of Formosa and the Pescadores.
President Truman, in ordering the U.S. Seventh Fleet to prevent any attack on
Formosa, stated that "the determination of the future status of Formosa must
await the restoration of security in the Pacific, a peace settlement with
Japan, or consideration by the United Nations".
[On August 25, 1950] the United States replied to the
United Nations Security Council that
"The action of the United States was expressly stated to be without
prejudice to the future political settlement of the status of the island. The
actual status of the island is that it is territory taken from Japan by the
victory of the allied forces in the Pacific. Like other such territories, its
legal status cannot be fixed until there is international action to determine
its future. The Chinese Government was asked by the Allies to take the
surrender of the Japanese forces on the Island. That is the reason the Chinese
are there now."
By a
letter dated September 20, 1950, the United States requested that the question
of Formosa be placed on the agenda of the fifth session of the U.N. General
Assembly. In an explanatory note of September 21, the United States, citing the
Cairo and Potsdam declarations and the Japanese surrender, stated nevertheless:
"Formal transfer of Formosa to China was to await the conclusion of
peace with Japan or some other appropriate formal act."
Consideration
of this item by the General Assembly was eventually postponed.
Meanwhile the Soviet Union submitted a draft resolution
to the UN Security Council condemning the United States for acts of aggression
and intervention in the internal affairs of China. The USSR also proposed for
inclusion on the agenda of the fifth regular session of the General Assembly
the question of "American aggression against China". In both cases the USSR
asserted that Taiwan was an inalienable part of the territory of China. The
U.S. delegate in Committee One, John Foster Dulles, answered the Soviet
complaint of aggression in part as follows:
"In connection with this whole question of Formosa, I think it is
wise for us to bear in mind that Formosa is still affected with an
international interest. It is a former Japanese colony in the process of
detachment. The United States certainly is entitled to some voice in the
determination of the future of Formosa, because if it were not for the
tremendous military effort and the great sacrifice which the United States made
in that area of the world, none of us here today would be sitting around
talking about Formosa.
"The United States, as one of the principal victors
in the war against Japan, has a legitimate voice in what President Truman
referred to as the "determination of the future status of Formosa,"
which he says, "must await the restoration of security in the Pacific, a
peace settlement with Japan or consideration by the United Nations."
The
Security Council defeated the Soviet resolution, and the General Assembly
failed to endorse the charges against the U.S.
Japanese Peace Treaty
In September and October 1950, the United States proposed
in a brief statement to the members of the Far Eastern Commission general
principles for a Peace Treaty with Japan.
In an aide memoire dated November 20, 1950, the USSR
commented:
"2. By the Cairo Declaration of December 1, 1943 . . . and the
Potsdam Agreement of July 26, 1945 . . . the question of returning Formosa and
the Pescadores to China was decided. In a similar manner the Yalta Agreement of
February 11, 1945 . . . decided the questions of returning the southern part of
Sakhalin Island and the adjacent islands to the Soviet Union and handing over
to her the Kurile Islands."
The
United States replied in an aide memoire dated December 27, 1950:
" ... 2. The Cairo Declaration of 1943 stated the purpose to restore
'Manchuria, Formosa and the Pescadores to the Republic of China.' That
declaration, like other wartime declarations such as those of Yalta and
Potsdam, was in the opinion of the United States Government subject to any
final peace settlement where all relevant factors should be considered ... "
From
September 4 to 8, 1951 a conference for the conclusion and signature of a
Treaty of Peace with Japan was held at San Francisco. China was not represented
at the Conference because of the disagreement among the participants as to who
actually represented the government of that country. Reflecting this
disagreement is Article 2 of the Peace Treaty as it was signed on September 8
which reads in its pertinent part:
"(b) Japan renounces all right, title and claim to Formosa and the
Pescadores."
John
Foster Dulles, U.S. delegate at the Conference, commented on this provision in
Article 2:
"Some Allied Powers suggested that Article 2 should not merely
delimit Japanese sovereignty according to Potsdam, but specify precisely the
ultimate disposition of each of the ex-Japanese territories. This, admittedly,
would have been neater. But it would have raised questions as to which there
are now no agreed answers. We had either to give Japan peace on the Potsdam
surrender terms or deny peace to Japan while the allies quarrel about what shall
be done with what Japan is prepared, and required, to give up. Clearly, the
wise course was to proceed now, so far as Japan is concerned, leaving the
future to resolve doubts by invoking international solvents other than this
treaty."
The
delegate of the United Kingdom remarked:
"The treaty also provides for Japan to renounce its sovereignty over
Formosa and the Pescadores Islands. The treaty itself does not determine the
future of these islands."
The
USSR refused to sign the Treaty. It objected, among other things, to the
provision regarding Formosa and the Pescadores:
" ... this draft grossly violates the indisputable rights of China to
the return of integral parts of Chinese territory; Taiwan, the Pescadores, the
Paracel and other islands ... the draft contains only a reference to the
renunciation by Japan of its rights to these territories but intentionally
omits any mention of the further fate of these territories."
It is
clear from these and other statements made at San Francisco, that sovereignty
over Formosa and the Pescadores was not considered to have finally been
determined by the Peace Treaty.
The Senate Committee on Foreign Relations also took this
view. In its Report on the Treaty dated February 14, 1952, the Committee
stated:
"It is important to remember that Article 2 is a renunciatory article
and makes no provision for the power or powers which are to succeded Japan in
the possession of and sovereignty over the ceded territory.
"During the negotiation of the Treaty some of the
Allied Powers expressed the view that Article 2 of the treaty should not only
relieve Japan of its sovereignty over the territories in question but should
indicate specifically what disposition was to be made of each of them. The
committee believes, however, that this would have been an unwise course to
pursue. It might have raised differences among the allies which would have
complicated and prolonged the conclusions of the peace. Under the circumstances
it seems far better to have the treaty enter into force now, leaving to the
future the final disposition of such areas as South Sakhalin and the Kuriles."
Although
China was not a party to the San Francisco Treaty, a separate Treaty of Peace
between the Republic of China and Japan was signed in Taipei on April 28, 1952.
Article II of that treaty provided:
"It is recognized that under Article 2 of the Treaty of Peace with
Japan signed at the city of San Francisco in the United States of America on
September 8, 1951 ... Japan has renounced all right, title and claim to Taiwan
(Formosa) and Penghu (the Pescadores) as well as the Spratly Islands and the
Paracel Islands."
Article
25 of the Treaty stated that the Treaty shall not confer any rights, title or
benefits on any state not a party to the Treaty.
Chinese Mutual Defense Treaty and
the Formosa Resolution
Against the background of a massive Chinese Communist
propaganda campaign for the "liberation" of Taiwan, supplemented by
military action against Quemoy and other offshore islands, the United States
and the Republic of China signed a Mutual defense Treaty on December 2, 1954.
The first paragraph of Article V of the Treaty reads:
"Each Party recognizes that an armed attack in the West Pacific Area
directed against the territories of either of the Parties would be dangerous to
its own peace and safety and declares that it would act to meet the common
danger in accordance with its constitutional processes."
Article
VI provides that for the purpose of Article V the term "territories" shall mean
in respect to the Republic of China, "Taiwan and the Pescadores". In an
exchange of notes accompanying the Treaty, there appears the statement, "The
Republic of China effectively controls both the territory described in Article
VI of the Treaty of Mutual Defense . . . and other territory".
In its report on the Treaty, the Senate Committee on
Foreign Relations briefly discussed the question of the status of Formosa and
the Pescadores:
"By the peace treaty of September 8, 1951, signed with the United
States and other powers, Japan renounced 'all right, title and claim to Formosa
and the Pescadores.' The treaty did not specify the nation to which such right,
title and claim passed. Although the Republic of China was not a signatory to
the Treaty, it and the parties at the conference expressly recognized that it
did not dispose finally of Formosa and the Pescadores . . . .
"Secretary Dulles informed the committee that the
reference in Article V to 'the territories of either of the Parties' was
language carefully chosen to avoid denoting anything one way or another as to
their sovereignty.
"It is the view of the committee that the coming
into force of the present treaty will not modify or affect the existing legal
status of Formosa and the Pescadores. The treaty appears to be wholly
consistent with all actions taken by the United States in this matter since the
end of World War II, and does not introduce any basically new element in our
relations with the territories in question . . . .
"To avoid any possibility of misunderstanding on
this aspect of the treaty, the committee decided it would be useful to include
in this report the following statement: It is the understanding of the Senate
that nothing in the treaty shall be construed as affecting or modifying the
legal status or sovereignty of the territories to which it applies."
The
question of the status of Formosa and the Pescadores was again discussed on
January 24, 1955, before a joint executive session of the Senate committees on
Foreign Relations and Armed Services, in connection with the Formosa
Resolution. It is understood that during the course of these hearings,
Secretary Dulles indicated that sovereignty over Formosa and the Pescadores was
not considered to have been transferred to the Republic of China in the
Japanese Peace Treaty and that the question of sovereignty over these islands was
not yet finally determined.
Discussion
It may be well at this time to examine the various legal
theories outlined [in] this memorandum regarding the status of Formosa and the
Pescadores in the light of the historical analysis set forth above.
1. The most tenable theory regarding the status of
Formosa and the Pescadores is that sovereignty over the islands has not yet
been finally determined. The Cairo and Potsdam declarations were statements of
intention on the part of the Allied Powers that the islands would return to "the
Republic of China". Chiang Kai-shek was authorized by the Allied Powers to take
the surrender of the Japanese on the islands, and the Government of the
Republic of China has continued to occupy and administer the islands ever
since. This surrender by Japan of Formosa and the Pescadores, although
providing a legal basis for the continued occupation and administration of the
islands by the Government of the Republic of China, would not appear to have
effected a transfer of sovereignty to the Republic of China.
Because of differences among the Allied Powers as to who
represented China, no agreement on the disposition of Formosa and the
Pescadores could be reached in the Japanese Peace Treaty. That the San
Francisco Peace Treaty was intended to divest Japan of its sovereignty over the
islands without transferring that sovereignty to any other country is
abundantly clear from the record. There does not appear to have occurred
anything subsequent to the Peace Treaty which can be said to have effected a
transfer of that sovereignty.
An analogy to the status of Formosa as described may be
found in the case of Cuba after the Spanish-American War. By Article I of the
treaty of peace between the United States and Spain of December 10, 1898, Spain
relinquished "all claim of sovereignty over and title to Cuba". Although the
treaty named the United States as occupying power for the relinquished
territory, it did not specify to whom sovereignty was to be transferred.
It may be well to point out that the legal status of the
offshore islands, the Quemoy and Matsu groups, is different from that of
Formosa and the Pescadores as described here. The offshore islands, although
like Formosa and the Pescadores under the control of the Republic of China,
have always been considered as part of "China". As Secretary Dulles explained:
"The legal position is different . . . , by virtue of the fact that
technical sovereignty over Formosa and the Pescadores has never been settled.
That is because the Japanese Peace Treaty merely involves a renunciation by
Japan of its right and title to these islands. But the future title is not
determined by the Japanese Peace Treaty nor is it determined by the Peace
Treaty which was concluded between the Republic of China and Japan. Therefore
the juridical status of these islands, Formosa and the Pescadores, is different
from the juridical status of the offshore islands which have always been
Chinese territory."
The
usual way in which a formal transfer of territory is effected under
international law is by cession, which typically consists of an agreement
between the ceding and acquiring state. No such cession has occurred here. As
has been seen, the Republic of China did declare the islands to be a part of
China subsequent to the surrender, and such declaration might be considered an
annexation of this territory. However, in view of the fact that Chiang
Kai-shek, in accepting the Japanese surrender, was acting on behalf of the
Allied Powers, it may be questioned whether any such attempted annexation would
have validity in international law. Normally, military occupation does not have
the effect of transferring sovereignty over the occupied territory to the
occupant. Furthermore, the whole history of the San Francisco and Sino-Japanese
Peace Treaties casts doubt on this interpretation.
... it has been contended that the transfer of Formosa
and the Pescadores to Japan in the Treaty of Shimonoseki was null and void in
that these islands had been taken away from China at that time by force,
contrary to international law. However, it is generally accepted that
international law as it existed at that time disregarded "the effect of
coercion in the conclusion of a treaty imposed by the victor upon the
vanquished State" [I Oppenheim, International Law 891 (8th ed. Lauterpacht
1955)].
On February 11, 1945, at Yalta, Churchill, Roosevelt, and
Stalin agreed that the USSR would enter the war against Japan on condition,
among others, that the southern part of Sakhalin and all the islands adjacent
to it "shall be returned to the Soviet Union" and that the Kurile Islands "shall
be handed over the Soviet Union". The Yalta agreement like the Cairo
declaration has been considered by the United States to be a statement of
intention rather than as creating binding international commitments.
The question of the status of Formosa and the Pescadores
must be viewed in the light of a parallel question regarding the Kurile
Islands, the southern portions of Sakhalin and certain islands adjacent to it.
Pursuant to the same instrument which directed Chiang Kai-shek to accept the
Japanese surrender on Formosa and the Pescadores, the Soviet Union accepted the
Japanese surrender on these islands had has continuously thereafter controlled
and administered them. The USSR purported to annex the islands by a decree of
February 2, 1946. The United States Government has maintained, however, that
the USSR does not possess sovereignty over them.
1668 (XVI). Representation of China in the United Nations.
The General Assembly,
Noting that a serious divergence of
views exists among Member States concerning the representation of a founder
Member who is named in the Charter of the United Nations,
Recalling that this matter has been
described repeatedly in the General Assembly by all segments of opinion as
vital and crucial and that on numerous occasions its inclusion in the agenda has
been requested under rule 15 of the Assembly's rules of procedure as an item of
an important and urgent character,
Recalling further the recommendation contained in
its resolution 396 (V) of 14 December 1950 that, whenever more than one
authority claims to be the government entitled to represent a Member State in
the United Nations and this question becomes the subject of controversy in the
United Nations, the question should be considered in the light of the purposes
and principles of the Charter and the circumstances of each case,
Decides, in accordance with Article 18 of
the Charter of the United Nations, that any proposal to change the
representation of China is an important question.
According to records provided by the United Nations,
voting summary was as follows: 61 Yes, 34 No, 7 Abstentions, 2 Non-voting. Total voting membership was 104. The following list shows
the voting summary in detail.
Yes
No
Abstentions
Non-voting
Argentina
Australia
Belgium
Bolivia
Brazil
Cameroon
Canada
Central African Republic
Chad
Chile
China
Colombia
Congo (Brazzaville)
Congo (Leopoldville)
Costa Rica
Dahomey
Dominican Republic
Ecuador
El Salvador
Federation of Malaya
France
Greece
Guatemala
Haiti
Honduras
Iceland
Iran
Ireland
Israel
Italy
Ivory Coast
Japan
Jordan
Laos
Lebanon
Liberia
Libya
Luxembourg
Madagascar
Mauritania
Mexico
Netherlands
New Zealand
Nicaragua
Niger
Panama
Paraguay
Peru
Philippines
Portugal
Saudi Arabia
Senegal
South Africa
Spain
Thailand
Turkey
United Kingdom
United States
Upper Volta
Uruguay
Venezuela
Afghanistan
Albania
Bulgaria
Burma
Byelorussian SSR
Cambodia
Ceylon
Cuba
Czechoslovakia
Denmark
Ethiopia
Finland
Ghana
Guinea
Hungary
India
Indonesia
Iraq
Mali
Mongolia
Morocco
Nepal
Norway
Poland
Romania
Sudan
Sweden
Syria
Tunisia
Ukrainian SSR
USSR
United Arab Republic
Yemen
Yugoslavia
Austria
Cyprus
Nigeria
Pakistan
Sierra Leone
Somalia
Tanganyika
Gabon
Togo
UN Resolution 2758: Restoration of the Lawful Rights of the People's Republic of China
in the United Nations (1971)
Agreement Between the United States of America and Japan Concerning the Ryukyu Islands and the Daito Islands
Washington and Tokyo (simultaneously), 17th June, 1971
The United States of America and Japan
Noting that the President of the United States of America and the Prime Minister of Japan reviewed together
on November 19, 20, and 21, 1969 the status of the Ryukyu Islands the Daito Islands, referred to as "Okinawa" in
the Joint Communique between the President and the Prime Minister issued on November 21, 1969, and agreed that
the Government of the United States of America and the Government of Japan should enter immediately into consultations
regarding the specific arrangements for accomplishing the early reversion of these islands to Japan;
Noting that the two Governments have conducted such consultations and have reaffirmed that the reversion of these
islands to Japan be carried out on the basis of the said Joint Communique;
Considering the United States of America desires, with respect to the Ryukyu Islands and the Daito Islands, to
relinquish in favour of Japan all rights and interests under Article III of the Treaty of Peace with Japan signed at
the City of San Francisco on September 8, 1951, and thereby to have relinquished all its rights and interests in all
territories under the said Article; and Considering further that Japan is willing to assume full responsibility and
authority for the exercise of all powers of administration, legislation and jurisdiction over the territory and inhabitants
of the Ryukyu Islands and the Daito Islands;
Therefore, have agreed as follows:
Article 1
1. With
respect to the Ryukyu Islands and the Daito Islands, as defined in paragraph 2
below, the United States of America relinquishes in favour of Japan all rights
and interests under Article III of the Treaty of Peace with Japan signed at the
City of San Francisco on September 8, 1951, effective as of the date of entry
into force of this Agreements. Japan, as of such date, assumes full
responsibility and authority for the exercise of all and any powers of
administration, legislation and jurisdiction over the territory and inhabitants
of the said islands.
2. For
the purpose of this Agreement, the term "the Ryukyu Islands and the Daito
Islands" means all the territories and their territorial waters with respect to
which the right to exercise all and any powers of administration, legislation
and jurisdiction was accorded to the United States of America under Article III
of the Treaty of Peace with Japan other than those with respect to which such
right has already been returned to Japan in accordance with the Agreement
concerning the Amami Islands and the Agreement concerning Nanpo Shoto and Other
Islands signed between the United States of America and Japan, respectively on
December 24, 1953 and April 5, 1968.
Article 2
It is
confirmed that treaties, conventions and other agreements concluded between the
United States of America and Japan, including, but without limitation, the
Treaty of Mutual Cooperation and Security between the United States of America
and Japan signed at Washington on January 19, 1960, and its related
arrangements and the Treaty of Friendship, Commerce and Navigation between the
United States of American and Japan signed at Tokyo on April 2,1953, become
applicable to the Ryukyu Islands and the Daito Islands as of the date of entry
into force of this Agreement.
Article 3
1.
Japan will grant the United States of America on the date of entry into force
of this Agreement the use of facilities and areas in the Ryukyu Islands and the
Daito Islands in accordance with the Treaty of Mutual Cooperation and Security
between the United States of America and Japan signed at Washington on January
19, 1960 and its related arrangements.
2. In
the application of Article lV of the Agreement under Article VI of the Treaty
of Mutual Cooperation and Security between the United States of America and
Japan, regarding Facilities and Areas and the Status of the United States Armed
Forces in Japan signed on January 19, 1960, to the facilities and areas the use
of which will be granted in accordance with paragraph I above to the United
States of America on the date of entry into force of this Agreement, it is
understood that the phrase "the condition in which they were at the time they
became available to the United States Armed Forces" in paragraph I of the said
Article IV refers to the condition in which the facilities and areas first came
into the use of the United States Armed Forces, and that the term "improvements"
in paragraph 2 of the said Article includes those made prior to the date of
entry into force of this Agreement.
Article 4
1. Japan
waives all claims of Japan and its nations against the United States of America
and its nationals and against the local authorities of the Ryukyu Islands and
the Daito Islands, arising from the presence, operations or actions of forces
or authorities of the United States of America in these islands, or from the
presence, operations or actions of forces or authorities of the United States
of America having had any effect upon these islands, prior to the date of entry
into force of this Agreement.
2. The
waiver in paragraph 1 above does not, however, include claims of Japanese
nationals specifically recognized in the laws of the United States of America
or the local laws of these islands applicable during the period of United States administration of these islands. The Government of the United States of America is authorised to maintain its duly empowered officials in the Ryukyu Islands and the Daito Islands in order to deal with and settle such claims on and
after the date of entry into force of this Agreement in accordance with the
procedures to be established in consultation with the Government of Japan.
3. The
Government of the United States of America will make ex gratia contributions
for restoration of lands to the nationals of Japan whose lands in the Ryukyu
Islands and the Daito Islands were damaged prior to July 1, 1950, while placed
under the use of United States authorities, and were released from their use
after June 30, 1961 and before the date of entry into force of this Agreement.
Such contributions will be made in an equitable manner in relation under High
Commissioner Ordinance Number 60 of 1967 to claims for damages done prior to July 1, 1950 to the lands released prior to July 1, 1961.
4.
Japan recognizes the validity of all acts and omissions done during the period
of the United States administration of the Ryukyu Islands and the Daito Islands
under or in consequence of directives of the United States or local
authorities, authorised by existing law during that period, and will take no
action subjecting the United States nationals or the residents of these islands
to civil or criminal liability arising out of such acts of omissions.
Article 5
1.
Japan recognizes the validity of, and will continue in full force and effect,
final judgements in civil cases rendered by any court in the Ryukyu Islands and
the Daito Islands prior to the date of entry into force of this Agreement,
provided that such recognition or continuation would not be contrary to public
policy.
2.
Without in any way adversely affecting the substantive rights and positions of
the litigants concerned, Japan will assume jurisdiction over and continue
judgement and execution of any civil case pending as of the date of entry into
force of this Agreement in any court in the Ryukyu Islands and the Daito Islands.
3.
Without in any way adversely affecting the substantive rights of the accused or
suspect concerned, Japan will assume jurisdiction over, and may continue or
institute proceedings with respect to, any criminal cases with which any court
in the Ryukyu Islands and the Daito Islands is seized as of the date of entry
into force of this Agreement or would have been seized had the proceedings been
instituted prior to such date.
4. Japan may continue the execution of any final judgements rendered in criminal cases by any
court in the Ryukyu Islands and the Daito Islands.
Article 6
1. The
properties of the Ryukyu Electric Power Corporation, the Ryukyu Domestic Water
Corporation and the Ryukyu Development Loan Corporation shall be transferred to
the Government of Japan on the date of entry into force of this Agreement, and
the rights and obligations of the said Corporations shall be assumed by the
Government of Japan on that date on conformity with the laws and regulations of
Japan.
2. All
other properties of the Government of the United States of America, existing in
the Ryukyu Islands and the Daito Islands as of the date of entry into force of
this Agreement and located outside the facilities and areas provided on that
date in accordance with Article III of this Agreement, shall be transferred to
the Government of Japan on that date, except for those that are located on the
lands returned to the landowners concerned before the date of entry into force
of this Agreement and for those the title to which will be retained by the
Government of the United States of America after that date with the consent of
the Government of Japan.
3. Such
lands in the Ryukyu Islands and the Daito Islands reclaimed by the Government
of the United States of America and such other reclaimed lands acquired by it
in these islands are held by the Government of the United States of America as
of the date of entry into force of this Agreement become the property of the
Government of Japan on that date.
4. The United States of America is not obliged to compensate Japan or its nationals for any
alteration made prior to the date of entry into force of this agreement to the
lands upon which the properties transferred to the Government of Japan under
paragraphs I and 2 above are located.
Article 7
Considering,
inter alia, that United States assets are being transferred to the Government
of Japan under Article VI of this Agreement, that the Government of the United
States of America is carrying out the return of the Ryukyu Islands and the
Daito Islands to Japan in a manner consistent with the policy of the Government
of Japan as specified in paragraph 8 of the Joint Communique of November
21,1969, and that the Government of the United States of America will bear
extra costs, particularly in the area of employment after reversion, the
Government of Japan will pay to the Government of the United States of America
in United States dollars a total amount of three hundred and twenty million
United States dollars (U.S. $320,000,000) over a period of five years from the
date of entry into force of this Agreement. Of the said amount, the Government
of Japan will pay one hundred million United States dollars (U.S. $100,000,000)
within one week after the date of entry into force of this Agreement and the
remainder in four equal annual instalments in June of each calendar year
subsequent to the year in which this Agreement enters into force.
Article 8
The
Government of Japan consents to the continued operation by the Government of
the United States of America of the Voice of America relay station on Okinawa island for a period of five years from the date of entry into force of this
Agreement in accordance with the arrangements to be concluded between the two
Governments. The two Governments shall enter into consultation two years after
the date of entry into force of this Agreement on future operation of the Voice
of America on Okinawa Island.
Article 9
This
Agreement shall be ratified and the instruments of ratification shall be
exchanged at Tokyo. This Agreement shall enter into force two months after the
date of exchange of the instruments of ratification.
IN
WITNESS WHEREOF, the undersigned, being duly authorised by their respective
Governments, have signed this Agreement.
DONE at
Washington and Tokyo, this seventeenth day of June, 1971, in duplicate in the
English and Japanese language, both equally authentic.
For the
United States of America: WILLIAM P. ROGERS
For Japan: KIICHI AICHI 愛知揆一
🛑 EDITOR'S NOTE ===============
The U.S. reverted the islands to Japan on May 15, 1972.
The Okinawa Reversion Agreement is called as follows in Chinese and Japanese:
Chinese
Japanese
Chongsheng guihuan xieding 沖繩歸還協定
Okinawa henkan kyōtei 沖縄返還協定
The full formal title (Agreement between Japan and the United States of America Concerning the Ryukyu Islands
and the Daito Islands) translates to Japanese as follows: Ryūkyū shotō oyobi Daitō shotō
ni kansuru Nippon kokuto Amerika gasshū koku tono aidano kyōtei
琉球諸島及び大東諸島に関する日本国とアメリカ合衆国との間の協定.
Memorandum from the Assistant Legal Adviser for East Asia and the Pacific (L/EA - Robert I. Starr) to
the Director of the Office of Republic of China Affairs (Charles T. Sylvester)
July 13, 1971
Subject: "Legal Status of Taiwan"
You have asked for a comprehensive memorandum analyzing the question of the legal status of Taiwan in
terms suitable for Congressional presentation. Attached is a paper that should serve this purpose. It is drawn
mainly from the February 3, 1961 Czyzak memorandum, and contains no sensitive information or reference to
classified documents.
Concurrence:
L – Mr. Salans
L:L/EA:RIStarr:cdj:
7/13/71 ex 28900
Legal
Status of Taiwan
Prior to the Korean Hostilities
From the middle of the 17th century to 1895, Formosa
(Taiwan) and the Pescadores (Penghu) were part of the Chinese Empire. China
then ceded these islands to Japan in 1895 in the Sino-Japanese Treaty of
Shimonoseki.
In the Cairo Declaration of 1943, the United States,
Great Britain, and China stated it to be their purpose that "all the
territories that Japan has stolen from the Chinese, such as…Formosa and the
Pescadores, shall be restored to the Republic of China". These same three
governments on July 26, 1945 issued the Potsdam Proclamation declaring that
"the terms of the Cairo Declaration shall be carried out and Japanese
sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu,
Shikoku, and such minor islands as we determine". On August 8, 1945 the Soviet
Union adhered to the Potsdam Proclamation. By an Imperial Rescript of September
2, 1945, the Japanese Emperor accepted the terms of the Potsdam Declaration,
and in the Instrument of Surrender signed on the same date, the Japanese
Government "and their successors" undertook to carry out the provisions of the
Declaration.
Pursuant to Japanese Imperial General Headquarters
General Order No. 1, issued at the direction of the Supreme Commander for the
Allied Powers (SCAP), Japanese commanders in Formosa surrendered to
Generalissimo Chiang Kai-shek "acting on behalf of the United States, the
Republic of China, the United Kingdom and the British Empire, and the Union of
Soviet Socialist Republics". Continuously since that time, the Government of
the Republic of China has occupied and exercised authority over Formosa and the
Pescadores.
The view of the U.S. in the intermediate post-war period
was typified by a statement on April 11, 1947 of then Acting Secretary of State
Acheson, in a letter to Senator Ball, that the transfer of sovereignty over
Formosa to China "has not yet been formalized".
After a prolonged period of civil strife the Chinese
Communists succeeded in driving the Government of the Republic of China off the
Chinese mainland. On October 1, 1949 the Chinese Communists proclaimed the
establishment of the People's Republic of China. The seat of the Government of
the Republic of China was transferred to Formosa, and in early December 1949,
Taipei became its provisional capital.
Shortly thereafter, President Truman, in a statement of
January 5, 1950, referred to a U.N. General Assembly Resolution of December 8,
1949, (Res. 291(IV)) which called on all states to refrain from "(a) seeking to
acquire spheres of influence or to create foreign controlled regimes within the
territory of China; (b) seeking to obtain special rights or privileges within
the territory of China". He said:
"A specific application of the foregoing
principles is seen in the present situation with respect to Formosa …
"The United States has no predatory designs on
Formosa or on any other Chinese territory. The United States has no desire to
obtain special rights or privileges or to establish military bases on Formosa
at this time… the United States Government will no pursue a course which will
lead to involvement in the civil conflict in China."
The Korean Conflict
The outbreak of hostilities in Korea on June 25, 1950
brought to the fore the question of the status of Formosa and the Pescadores.
President Truman ordered the U.S. Seventh Fleet to prevent any attack on
Formosa, and as a corollary called upon the Chinese Government on Formosa to
cease all operations against the mainland. In addition, he stated that "the
determination of the future status of Formosa must await the restoration of
security in the Pacific, a peace settlement with Japan, or consideration by the
United Nations".
On August 24, 1950 the United States explained its
position to the United Nations Security Council in the following terms:
"The action of the United States was expressly to
be without prejudice to the future political settlement of the status of the
island. The actual status of the island is that it is territory taken from
Japan by the victory of the allied forces in the Pacific. Like other such
territories, its legal status cannot be fixed until there is international
action to determine its future. The Chinese Government was asked by the allies
to take the surrender of the Japanese forces on the Island. That is the reason
the Chinese are there now."
By a letter dated September 20, 1950, the United States
requested that the question of Formosa be placed on the agenda of the fifth
session of the U.N. General Assembly. In an explanatory note of September 21,
the United States, citing the Cairo and Potsdam declarations and the Japanese
surrender, stated nevertheless:
"Formal transfer of Formosa to China was to await
the conclusion of peace with Japan or some other appropriate formal act."
That note also stated:
"The Government of the United States has made it
abundantly clear that the measures it has taken with respect to Formosa were
without prejudice to the long-term political status of Formosa, and the United
States has no territorial ambitions and seeks no special position of privilege
with respect to Formosa. The United States believes further that the future of
Formosa and of the nearly eight million people inhabited there should be
settled by peaceful means in accordance with the Charter of the United
Nations."
Japanese Peace Treaty
From September 4 to 8, 1951 a conference for the
conclusion and signature of a Treaty of Peace was held at San Francisco. China
was not represented at the Conference because of the disagreement among the
participants as to who actually represented the government of that country.
Reflecting this disagreement is article 2 of the Peace Treaty, which reads in
its pertinent part:
"(b) Japan renounces all right, title, and claim
to Formosa and the Pescadores."
John Foster Dulles, U.S. delegate at the Conference,
commented on this provision in article 2:
"Some Allied Powers suggested that article 2
should not merely delimit Japanese sovereignty according to Potsdam, but
specify precisely the ultimate disposition of each of the ex-Japanese
territories. This, admittedly, would have been neater. But it would have raised
questions as to which there are now no agreed answers. We had either to give
Japan peace on the Potsdam Surrender Terms or deny peace to Japan while the
allies quarrel about what shall be done with what Japan is prepared, and
required, to give up. Clearly, the wise course was to proceed now, so far as
Japan is concerned, leaving the future to resolve doubts by invoking
international solvents other than this treaty."
The delegate of the United Kingdom remarked:
"The treaty also provides for Japan to renounce
its sovereignty over Formosa and the Pescadores Islands. The treaty itself does
not determine the future of these islands."
The USSR refused to sign the Treaty. It objected, among
other things, to the provision regarding Formosa and the Pescadores:
"…this draft grossly violates the indisputable
rights of China to the return of integral parts of Chinese territory: Taiwan,
the Pescadores, the Paracel and other islands…. The draft contains only a
reference to the renunciation by Japan of its rights to these territories but
intentionally omits any mention of the further fate of these territories."
It is clear from these and other statements made at San
Francisco, that although the Treaty provision constituted an appropriate act of
renunciation by Japan, the future status of Formosa and the Pescadores was not
considered to have finally been determined by the Peace Treaty.
The Senate Committee on Foreign Relations also took this
view. In its Report on the Treaty dated February 14, 1952, the Committee
stated:
"It is important to remember that article 2 is a
renunciatory article and makes no provision for the power or powers which are
to succeed Japan in the possession of and sovereignty over the ceded territory.
"During the negotiation of the Treaty some of the
Allied Powers expressed the view that article 2 of the treaty should not only
relieve Japan of its sovereignty over the territories in question but should
indicate specifically what disposition was to be made of each of them. The
committee believes, however, that this would have complicated and prolonged the
conclusion of the peace. Under the circumstances it seems far better to have
the treaty enter into force now, leaving to the future the final disposition of
such areas as South Sakhalin and the Kuriles."
Although China was not a party to the San Francisco
Treaty, a separate Treaty of Peace between the Republic of China and Japan was
signed in Taipei on April 28, 1952. Article II of that treaty provided:
"It is recognized that under Article 2 of the
Treaty of Peace with Japan signed at the city of San Francisco in the united
States of America on September 8, 1951…, Japan has renounced all right, title
and claim to Taiwan (Formosa) and Penghu (the Pescadores)…."
Explaining this provision to the Legislative Yuan,
Foreign Minister Yeh of the Republic of China stated that under the San
Francisco Peace Treaty "no provision was made for the return [of these islands]
to China." He continued:
"Inasmuch as these territories were originally
owned by us and as they are now under our control and, furthermore, Japan has
renounced in the Sino-Japanese peace treaty these territories under the San
Francisco Treaty of Peace, they are, therefore, in fact restored to us."
At another point, Foreign Minister Yeh stated that "no
provision has been made either in the San Francisco Treaty of Peace as to the future
of Taiwan and Penghu". During the interpellations of the Sino-Japanese Peace
Treaty in the Legislative Yuan, the Foreign Minister was asked, "What is the
status of Formosa and the Pescadores?" He replied:
"Formosa and the Pescadores were formerly Chinese
territories. As Japan has renounced her claim to Formosa and the Pescadores,
only China has the right to take them over. In fact, we are controlling them
now, and undoubtedly they constitute a part of our territories. However, the
delicate international situation makes it that they do not belong to us. Under
present circumstances, Japan has no right to transfer Formosa an the Pescadores
to us; nor can we accept such a transfer from Japan even if she so wishes… In
the Sino-Japanese peace treaty, we have made provisions to signify that
residents including juristic persons of Formosa and the Pescadores bear Chinese
nationality, and this provision may serve to mend any future gaps when Formosa
and the Pescadores are restored to us."
Chinese Mutual Defense Treaty
Against the background of a Chinese Communist propaganda
campaign in July, 1954 for the "liberation" of Taiwan, supplemented in
September, 1954 by military action against Quemoy and other offshore islands,
the United States and the Republic of China signed a Mutual Defense Treaty on
December 2, 1954. The first paragraph of Article V of the Treaty reads:
"Each Party recognizes that an armed attack in the
West Pacific Area directed against the territories of either of the Parties
would be dangerous to its own peace and safety and declares that it would act
to meet the common danger in accordance with its constitutional processes."
Article VI provides that for the purpose of Article V the
term "territories" shall mean in respect to the Republic of China, "Taiwan and
the Pescadores". In an exchange of notes accompanying the Treaty, there appears
the statement, "The Republic of China effectively controls both the territory
described in Article VI of the Treaty… and other territory".
In its report on the Treaty, the Senate Committee of
Foreign Relations discussed the question of the true status of Formosa and the
Pescadores:
"By the peace treaty of September 8, 1951, signed
with the United States and other powers, Japan renounced 'all right, title and
claim to Formosa and the Pescadores.' The treaty did not specify the nation to
which such right, title and claim passed. Although the Republic of China was
not a signatory to the Treaty, it recognized that it did not dispose finally of
Formosa and the Pescadores ….
"…he (Secretary Dulles) informed the committee
that the reference in article V to 'the territories of either of the Parties'
was language carefully chosen to avoid denoting anything one way or the other
as to their sovereignty.
"It is the view of the committee that the coming
in to force of the present treaty will not modify or affect the existing legal
status of Formosa and the Pescadores. The treaty appears to be wholly
consistent with all actions taken by the United States in this matter since the
end of World War II, and does not introduce any basically new element in our
relations with the territories in question. Both by act and by implication we
have accepted the Nationalist Government as the lawful authority on Formosa."
To avoid any possibility of misunderstanding on this
aspect of the treaty, the committee decided it would be useful to include in
this report to following statement: "It is the understanding of the Senate that
nothing in the treaty shall be construed as affecting or modifying the legal
status or sovereignty of the territories to which it applies."
In presenting the Committee's report to the Senate on
February 9, 1955, Senator Walter George referred to the question of the legal
status of Taiwan: "The view was advance during committee's consideration of the
treaty that it may have the effect of recognizing that the government of Chiang
Kai-shek has sovereignty over Formosa and the Pescadores."
On the one hand, reference was made to the Cairo
Declaration which stated that Japan was to be stripped of her island
territories in the Pacific and that territories stolen from the Chinese such as
Formosa and the Pescadores shall be restored to the Republic of China. On the
other hand, reference was made to the fact that while Japan renounced all
right, title and claim to Formosa and the Pescadores, such title was not
conveyed to any nation. After full exploration of this matter with Secretary
Dulles, the committee decided that this treaty was not a competent instrument
to resolve doubts about sovereignty over Formosa. It agreed to include in its
report the following statement:
"It is the understanding of the Senate that
nothing in the present treaty shall be construed as affecting or modifying the
legal status or the sovereignty of the territories referred to in article VI.
In other words, so far as the United States in
concerned, it is our understanding that the legal status of the territories
referred to in article VI, namely, Formosa and the Pescadores – whatever their
status may be – is not altered in any way by the conclusion of this treaty."
Quemoy and Matsu
It may be well to note the special status of the offshore
islands, the Quemoy and Matsu groups, in contrast to that of Formosa and the
Pescadores as described here. The offshore islands have always been considered
as part of "China". As Secretary Dulles explained in 1954:
"The legal position is different..., by virtue of
the fact that technical sovereignty over Formosa and the Pescadores has never
been settled. That is because the Japanese Peace Treaty merely involves a
renunciation by Japan of its right and title to these islands. But the future
title is not determined by the Japanese Peace Treaty nor is it determined by
the Peace Treaty which was concluded between the Republic of China and Japan.
Therefore the juridical status of these islands, Formosa and the Pescadores, is
different from the juridical status of the offshore islands which have always
been Chinese territory."
Recent Restatement of the United States Position
The position of the United States was set forth by the
States Department in connection with the 1970 Hearings before the Subcommittee
on the United States Security Agreements and Commitments Abroad of the Senate
Committee on Foreign Relations (91st Cong., 2d Sess.):
"Legal Status of Taiwan as Defined in Japanese Peace Treaty and Sino-Japanese Peace Treaty
"Article 2 of the Japanese Peace treaty, signed on
September 8, 1951 at San Francisco, provides that 'Japan renounces all right,
title and claim to Formosa and the Pescadores'. The same language was used in
Article 2 of the Treaty of Peace between China and Japan signed on April 28,
1952. In neither treaty did Japan cede this area to any particular entity. As
Taiwan and the Pescadores are not covered by any existing international
disposition, sovereignty over the area is an unsettled question subject to
future international resolution. Both the Republic of China and the Chinese
Communists disagree with this conclusion and consider that Taiwan and the
Pescadores are part of the sovereign state of China. The United States
recognized the Government of the Republic of Taiwan as legitimately occupying
and exercising jurisdiction over Taiwan and the Pescadores."
The future relationship of Taiwan to mainland China and
the resolution of disputes dividing the governments in Taipei and Peking
involve issues that the United States cannot resolve. We have made clear that
our primary concern is that these issues should be resolved by peaceful means,
without resort to the use of force. Until such a resolution is achieved we may
continue to deal respectively with the government of the People's Republic of
China and the Government of the Republic of China on matters affecting mutual
interests, accepting the practical situation as we find it.
2758 (XXVI). Restoration of the lawful rights of the People's Republic of China in the United Nations
The General Assembly,
Recalling the principles of the Charter of the United Nations,
Considering the restoration of the lawful rights of the People's Republic of China is essential both
for the protection of the Charter of the United Nations and for the cause that the United Nations must serve under
the Charter,
Recognizing that the representatives of the Government of the People's Republic of China are the only
lawful representatives of China to the United Nations and that the People's Republic of China is one of the five
permanent members of the Security Council,
Decides to restore all its rights to the People's Republic of China and to recognize the representatives
of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the
representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the
organizations related to it.
According to records provided by the United Nations,
voting summary was as follows: 76 Yes, 35 No, 17 Abstentions, 3 Non-voting. Total voting membership was 131. The following list
shows the voting summary in detail, ROC diplomatic allies at the time being highlighted
with a red asterisk (*).
Yes
No
Abstentions
Non-voting
Afghanistan
Albania
Algeria
Austria
Belgium *
Bhutan
Botswana *
Bulgaria
Burma
Burundi
Byelorussian SSR
Cameroon
Canada
Ceylon
Chile
Congo (Brazzaville)
Cuba
Czechoslovakia
Democratic Yemen
Denmark
Ecuador *
Egypt
Equatorial Guinea
Ethiopia
Finland
France
Ghana
Guinea
Guyana
Hungary
Iceland
India
Iran
Iraq
Ireland
Israel
Italy
Kenya
Kuwait
Laos
Libyan Arab Republic *
Malaysia
Mali
Mauritania
Mexico *
Mongolia
Morocco
Nepal
Netherlands
Nigeria
Norway
Pakistan
Peru *
Poland
Portugal *
Romania
Rwanda *
Senegal *
Sierra Leone
Singapore
Somalia
Sudan
Sweden
Syrian Arab Republic
Tanzania
Togo *
Trinidad and Tobago
Tunisia
Turkey
Uganda
Ukrainian SSR
USSR
United Kingdom
Yemen
Yugoslavia
Zambia
Australia *
Bolivia *
Brazil *
Central African Republic *
Chad *
Congo (Leopoldville) *
Costa Rica *
Dahomey *
Dominican Republic *
El Salvador *
Gabon *
Gambia *
Guatemala *
Haiti *
Honduras *
Ivory Coast *
Japan *
Khmer Republic
Lesotho *
Liberia *
Madagascar *
Malawi *
Malta *
New Zealand *
Nicaragua *
Niger *
Paraguay *
Philippines *
Saudi Arabia *
South Africa
Swaziland *
United States *
Upper Volta *
Uruguay *
Venezuela *
Argentina *
Bahrain
Barbados *
Colombia *
Cyprus *
Fiji
Greece *
Indonesia
Jamaica *
Jordan *
Lebanon *
Luxembourg *
Mauritius
Panama *
Qatar
Spain *
Thailand *
China
Maldives *
Oman
On the day of the vote the ROC maintained diplomatic relations with 59 states, 56 of them UN members, but only 33 allies
supported keeping the ROC on China's UN seat, 23 allies denying the ROC support in the vote by voting Yes, abstaining or not
participating in the vote.
10 ROC diplomatic allies voted Yes (i. e. in favour of the PRC and against the ROC): Belgium, Botswana, Ecuador, Libya,
Mexico, Peru, Portugal, Rwanda, Senegal, and Togo. All of them cut ties with the ROC before the end of September 1978.
12 ROC diplomatic allies abstained: Argentina, Barbados, Colombia, Cyprus, Greece, Jamaica, Jordan, Lebanon, Luxembourg,
Panama, Spain, and Thailand. All of them (except Panama) cut ties with the ROC before
the end of February 1980; Panama did so on June 13, 2017.
The Maldives were an ROC diplomatic ally (until April 15, 1972) but are listed as non-voting.
Two UN members which did not maintain formal diplomatic relations with the ROC at the time but supported the ROC by voting
No were the Khmer Republic (today's Cambodia) and South Africa.
The voting list did not include three additional ROC diplomatic allies—South Korea became a UN member on Sept. 17,
1991 (cut ties with the ROC on Aug. 24, 1992); Vietnam joined the UN on Sept. 20, 1977 (South Vietnam cut ties with the ROC on
April 30, 1975); and the Vatican is not a UN member but an observer since April 6, 1964.
It should be pointed out that the text of the UN Resolution 2758 does not mention Taiwan at all, so it doesn't support Beijing's
claim that Taiwan 'is part of the PRC'.
UN Resolution 1668: Representation of China in the United Nations (1961)
1. President Richard Nixon of the United States of America visited the People's Republic
of China at the invitation of Premier Chou En-lai of the People's Republic of
China from February 21 to February 28, 1972. Accompanying the President were
Mrs. Nixon, U.S. Secretary of State William Rogers, Assistant to the President
Dr. Henry Kissinger, and other American officials.
2. President Nixon met with Chairman Mao Tsetung of the
Communist Party of China on February 21. The two leaders had a serious and
frank exchange of views on Sino-U.S. relations and world affairs.
3. During the visit, extensive, earnest and frank
discussions were held between President Nixon and Premier Chou En-lai on the
normalization of relations between the United States of America and the
People's Republic of China, as well as on other matters of interest to both sides.
In addition, Secretary of State William Rogers and Foreign Minister Chi
Peng-fei held talks in the same spirit.
4. President Nixon and his party visited Peking and
viewed cultural, industrial and agricultural sites, and they also toured
Hangchow and Shanghai where, continuing discussions with Chinese leaders, they
viewed similar places of interest.
5. The leaders of the People's Republic of China and the
United States of America found it beneficial to have this opportunity, after so
many years without contact, to present candidly to one another their views on a
variety of issues. They reviewed the international situation in which important
changes and great upheavals are taking place and expounded their respective
positions and attitudes.
6. The Chinese side stated: Wherever there is oppression,
there is resistance. Countries want independence, nations want liberation and
the people want revolution—this
has become the irresistible trend of history. All nations, big or small, should
be equal: big nations should not bully the small and strong nations should not
bully the weak. China will never be a superpower and it opposes hegemony and
power politics of any kind. The Chinese side stated that it firmly supports the
struggles of all the oppressed people and nations for freedom and liberation
and that the people of all countries have the right to choose their social
systems according their own wishes and the right to safeguard the independence,
sovereignty and territorial integrity of their own countries and oppose foreign
aggression, interference, control and subversion. All foreign troops should be
withdrawn to their own countries. The Chinese side expressed its firm support
to the peoples of Viet Nam, Laos and Cambodia in their efforts for the
attainment of their goal and its firm support to the seven-point proposal of
the Provisional Revolutionary Government of the Republic of South Viet Nam and
the elaboration of February this year on the two key problems in the proposal,
and to the Joint Declaration of the Summit Conference of the Indochinese
Peoples. It firmly supports the eight-point program for the peaceful
unification of Korea put forward by the Government of the Democratic People's
Republic of Korea on April 12, 1971, and the stand for the abolition of the "U.N.
Commission for the Unification and Rehabilitation of Korea". It firmly opposes
the revival and outward expansion of Japanese militarism and firmly supports
the Japanese people's desire to build an independent, democratic, peaceful and
neutral Japan. It firmly maintains that India and Pakistan should, in
accordance with the United Nations resolutions on the Indo-Pakistan question,
immediately withdraw all their forces to their respective territories and to
their own sides of the ceasefire line in Jammu and Kashmir and firmly supports
the Pakistan Government and people in their struggle to preserve their
independence and sovereignty and the people of Jammu and Kashmir in their
struggle for the right of self-determination.
7. The U.S. side stated: Peace in Asia and peace in the
world requires efforts both to reduce immediate tensions and to eliminate the
basic causes of conflict. The United States will work for a just and secure
peace: just, because it fulfills the aspirations of peoples and nations for
freedom and progress; secure, because it removes the danger of foreign
aggression. The United States supports individual freedom and social progress
for all the peoples of the world, free of outside pressure or intervention. The
United States believes that the effort to reduce tensions is served by
improving communication between countries that have different ideologies so as
to lessen the risks of confrontation through accident, miscalculation or
misunderstanding. Countries should treat each other with mutual respect and be
willing to compete peacefully, letting performance be the ultimate judge. No
country should claim infallibility and each country should be prepared to
reexamine its own attitudes for the common good. The United States stressed
that the peoples of Indochina should be allowed to determine their destiny
without outside intervention; its constant primary objective has been a
negotiated solution; the eight-point proposal put forward by the Republic of
Viet Nam and the United States on January 27, 1972 represents a basis for the
attainment of that objective; in the absence of a negotiated settlement the
United States envisages the ultimate withdrawal of all U.S. forces from the
region consistent with the aim of self-determination for each country of
Indochina. The United States will maintain its close ties with and support for
the Republic of Korea; the United States will support efforts of the Republic
of Korea to seek a relaxation of tension and increased communication in the
Korean peninsula. The United States places the highest value on its friendly
relations with Japan; it will continue to develop the existing close bonds.
Consistent with the United Nations Security Council Resolution of december 21,
1971, the United States favors the continuation of the ceasefire between India
and Pakistan and the withdrawal of all military forces to within their own
territories and to their own sides of the ceasefire line in Jammu and Kashmir;
the United States supports the right of the peoples of South Asia to shape
their own future in peace, free of military threat, and without having the area
become the subject of great power rivalry.
8. There are essential differences between China and the
United States in their social systems and foreign policies. However, the two
sides agreed that countries, regardless of their social systems, should conduct
their relations on the principles of respect for the sovereignty and
territorial integrity of all states, non-aggression against other states,
non-in- terference in the internal affairs of other states, equality and mutual
benefit, and peaceful coexistence. International disputes should be settled on
this basis, without resorting to the use or threat of force. The United States
and the People's Republic of China are prepared to apply these principles to
their mutual relations.
9. With these principles of international
relations in mind the two sides stated that:
progress toward the normalization of relations between China and the United States is in the interests of all countries;
both wish to reduce the danger of international military conflict;
neither should seek hegemony in the Asia-Pacific region and each is opposed to efforts by any other country or group of countries to establish such hegemony; and
neither is prepared to negotiate on behalf of any third party or to enter into agreements or understandings with the other directed at other states.
10. Both sides are of the view that it would be against
the interests of the peoples of the world for any major country to collude with
another against other countries, or for major countries to divide up the world
into spheres of interest.
11. The two sides reviewed the long-standing serious
disputes between China and the United States. The Chinese side reaffirmed its
position: the Taiwan question is the crucial question obstructing the
normalization of relations between China and the United States; the Government
of the People's Republic of China is the sole legal government of China; Taiwan
is a province of China which has long been returned to the motherland; the
liberation of Taiwan is China's internal affair in which no other country has
the right to interfere; and all U.S. forces and military installations must be
withdrawn from Taiwan. The Chinese Government firmly opposes any activities
which aim at the creation of "one China, one Taiwan", "one China, two governments", "two Chinas", an "independent Taiwan" or advocate that "the status
of Taiwan remains to be determined".
12. The U.S. side declared: The United States
acknowledges that all Chinese on either side of the Taiwan Strait maintain
there is but one China and that Taiwan is a part of China. The United States
Government does not challenge that position. It reaffirms its interest in a
peaceful settlement of the Taiwan question by the Chinese themselves. With this
prospect in mind, it affirms the ultimate objective of the withdrawal of all U.S. forces and military installations from Taiwan. In the meantime, it will progressively
reduce its forces and military installations on Taiwan as the tension in the
area diminishes. The two sides agreed that it is desirable to broaden the
understanding between the two peoples. To this end, they discussed specific
areas in such fields as science, technology, culture, sports and journalism, in
which people-to-people contacts and exchanges would be mutually beneficial.
Each side undertakes to facilitate the further development of such contacts and
exchanges.
13. Both sides view bilateral trade as another area from
which mutual benefit can be derived, and agreed that economic relations based
on equality and mutual benefit are in the interest of the peoples of the two
countries. They agree to facilitate the progressive development of trade
between their two countries.
14. The two sides agreed that they will stay in contact
through various channels, including the sending of a senior U.S. representative to Peking from time to time for concrete consultations to further the
normalization of relations between the two countries and continue to exchange
views on issues of common interest.
15. The two sides expressed the hope that the gains
achieved during this visit would open up new prospects for the relations
between the two countries. They believe that the normalization of relations
between the two countries is not only in the interest of the Chinese and
American peoples but also contributes to the relaxation of tension in Asia and the world.
16. President Nixon, Mrs. Nixon and the American party
expressed their appreciation for the gracious hospitality shown them by the
Government and people of the People's Republic of China.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
Prime
Minister Kakuei Tanaka of Japan visited the People's Republic of China at the invitation of Premier of the State Council Chou En-lai of the People's
Republic of China from September 25 to September 30, 1972. Accompanying Prime Minister Tanaka were Minister for Foreign Affairs Masayoshi Ohira, Chief Cabinet
Secretary Susumu Nikaido and other government officials.
Chairman Mao Tse-tung met Prime Minister Kakuei Tanaka on
September 27. They had an earnest and friendly conversation.
Prime Minister Tanaka and Minister for Foreign Affairs
Ohira had an earnest and frank exchange of views with Premier Chou En-lai and
Minister for Foreign Affairs Chi Peng-fei in a friendly atmosphere throughout
on the question of the normalization of relations between Japan and China and
other problems between the two countries as well as on other matters of
interest to both sides, and agreed to issue the following Joint Communique of
the two Governments:
Japan and China are neighbouring countries, separated only by a strip of
water with a long history of traditional friendship. The peoples of the two
countries earnestly desire to put an end to the abnormal state of affairs that
has hitherto existed between the two countries. The realization of the
aspiration of the two peoples for the termination of the state of war and the
normalization of relations between Japan and China will add a new page to the
annals of relations between the two countries.
The Japanese side is keenly conscious of the
responsibility for the serious damage that Japan caused in the past to the
Chinese people through war, and deeply reproaches itself. Further, the Japanese
side reaffirms its position that it intends to realize the normalization of
relations between the two countries from the stand of fully understanding "the
three principles for the restoration of relations" put forward by the
Government of the People's Republic of China. The Chinese side expresses its
welcome for this.
In spite of the differences in their social systems
existing between the two countries, the two countries should, and can,
establish relations of peace and friendship. The normalization of relations and
development of good-neighborly and friendly relations between the two countries
are in the interests of the two peoples and will contribute to the relaxation
of tension in Asia and peace in the world.
1. The abnormal state of affairs that has hitherto
existed between Japan and the People's Republic of China is terminated on the
date on which this Joint Communique is issued.
2. The Government of Japan recognizes that Government of
the People's Republic of China as the sole legal Government of China.
3. The Government of the People's Republic of China reiterates that Taiwan is an inalienable part of the territory of the People's
Republic of China. The Government of Japan fully understands and respects this
stand of the Government of the People's Republic of China, and it firmly maintains
its stand under Article 8 of the Postsdam Proclamation.
4. The Government of Japan and the Government of People's
Republic of China have decided to establish diplomatic relations as from September 29, 1972. The two Governments have decided to take all necessary measures for
the establishment and the performance of the functions of each other's embassy
in their respective capitals in accordance with international law and practice,
and to exchange ambassadors as speedily as possible.
5. The Government of the People's Republic of China declares that in the interest of the friendship between the Chinese and the Japanese
peoples, it renounces its demand for war reparation from Japan.
6. The Government of Japan and the Government of the
People's Republic of China agree to establish relations of perpetual peace and
friendship between the two countries on the basis of the principles of mutual
respect for sovereignty and territorial integrity, mutual non-aggression,
non-interference in each other's internal affairs, equality and mutual benefit
and peaceful co-existence.
The two Governments confirm that, in conformity with the
foregoing principles and the principles of the Charter of the United Nations, Japan and China shall in their mutual relations settle all disputes by peaceful means and
shall refrain from the use or threat of force.
7. The normalization of relations between Japan and China is not directed against any third country. Neither of the two countries
should seek hegemony in the Asia-Pacific region and each is opposed to efforts
by any other country or group of countries to establish such hegemony.
8. The Government of Japan and the Government of the
People's Republic of China have agreed that, with a view to solidifying and
developing the relations of peace and friendship between the two countries, the
two Governments will enter into negotiations for the purpose of concluding a
treaty of peace and friendship.
9. The Government of Japan and the Government of the
People's Republic of China have agreed that, with a view to further promoting
relations between the two countries and to expanding interchanges of people,
the two Governments will, as necessary and taking account of the existing
non-governmental arrangements, enter into negotiations for the purpose of
concluding agreements concerning such matters as trade, shipping, aviation, and
fisheries.
Done at Peking, September 29, 1972
Prime Minister of Japan, Tanaka Kakuei
Minister for Foreign Affairs of Japan, Ohira Masayoshi
Premier of the State Council of the People's Republic of China, Zhou Enlai
Minister for Foreign Affairs of the People's Republic of China, Ji Pengfei
In Japanese, the "Joint Communiqué of the Government of Japan and the Government of the PRC" is called as
follows: Nippon koku seifuto Chūgoku jimmin kyōwakoku seifuno kyōdō seimei
日本国政府と中華人民共和国政府の共同声明.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
Recalling with satisfaction that since the Government of
Japan and the Government of the People's Republic of China issued a Joint
Communique in Peking on September 29, 1972, the friendly relations between the
two Governments and the peoples of the two countries have developed greatly on
a new basis.
Confirming that the above-mentioned Joint Communique
constitutes the basis of the relations of peace and friendship between the two
countries and that the principles enunciated in the Joint Communique should be
strictly observed.
Confirming that the principles of the Charter of the
United Nations should be fully respected.
Hoping to contribute to peace and stability in Asia and in the world.
For the purpose of solidifying and developing the
relations of peace and friendship between the two countries.
Have resolved to conclude a Treaty of Peace and Friendship
and for that purpose have appointed as their Plenipotentiaries:
● Japan: Minister for Foreign Affairs Sunao Sonoda
● People's Republic of China: Minister of Foreign
Affairs Huang Hua
Who, having communicated to each other their full powers,
found to be in good and due form, have agreed as follows:
Article 1
1. The Contracting Parties shall
develop relations of perpetual peace and friendship between the two countries
on the basis of the principles of mutual respect for sovereignty and
territorial integrity, mutual non-aggression, non-interference in each other's
internal affairs, equality and mutual benefit and peaceful co-existence.
2. The Contracting Parties confirm
that, in conformity with the foregoing principles and the principles of the
Charter of the United Nations, they shall in their mutual relations settle all
disputes by peaceful means and shall refrain from the use or threat of force.
Article 2
The
Contracting Parties declare that neither of them should seek hegemony in the
Asia-Pacific region or in any other region and that each is opposed to efforts
by any other country or group of countries to establish such hegemony.
Article 3
The
Contracting parties shall, in the good-neighborly and friendly spirit and in
conformity with the principles of equality and mutual benefit and
non-interference in each other's internal affairs, endeavor to further develop
economic and cultural relations between the two countries and to promote
exchanges between the peoples of the two countries.
Article 4
The
present Treaty shall not affect the position of either Contracting Party
regarding its relations with third countries.
Article 5
1. The present Treaty shall be
ratified and shall enter into force on the date of the exchange of instruments
of ratification which shall take place at Tokyo. The present Treaty shall
remain in force for ten years and thereafter shall continue to be in force
until terminated in accordance with the provisions of paragraph 2.
2. Either Contracting Party may, by
giving one year's written notice to the other Contracting Party, terminate the
present Treaty at the end of the initial ten-year period or at any time
thereafter.
IN
WITNESS WHEREOF, the respective Plenipotentiaries have signed the present
Treaty and have affixed thereto their seals.
DONE in
duplicate, in the Japanese and Chinese languages, both texts being equally
authentic, at Peking, this twelfth day of August, 1978.
For the
People's Republic of China: Huang Hua (signature)
In Japanese, the "Treaty of Peace and Friendship between Japan and the PRC" is called as follows:
Nippon kokuto Chūgoku jimmin kyōwakoku tono aidano heiwa yūkō jōyaku
日本国と中華人民共和国との間の平和友好条約.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
(The communiqué was released on December 15, 1978,
in Washington and Beijing.)
1. The United States of America and
the People's Republic of China have agreed to recognize each other and to
establish diplomatic relations as of January 1, 1979.
2. The United States of America recognizes the Government of the People's Republic of China as the sole legal Government of China. Within this context, the people of the United States will maintain cultural, commercial, and other unofficial relations with the
people of Taiwan.
3. The United States of America and the People's Republic of China reaffirm the principles agreed
on by the two sides in the Shanghai Communiqué and emphasize once again that:
4. Both wish to reduce the
danger of international military conflict.
5. Neither should seek
hegemony in the Asia-Pacific region or in any other region of the world and
each is opposed to efforts by any other country or group of countries to
establish such hegemony.
6. Neither is prepared to
negotiate on behalf of any third party or to enter into agreements or
understandings with the other directed at other states.
7. The Government of the United States of America acknowledges the Chinese position that there is but one China and Taiwan is part of China.
8. Both believe that
normalization of Sino-American relations is not only in the interest of the
Chinese and American peoples but also contributes to the cause of peace in Asia and the world.
The United States of America and the People's Republic of China will exchange Ambassadors and establish Embassies on March 1, 1979.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
(The Standing Committee of the Fifth National People's Congress at its Fifth Plenary
Session on December 26, 1978 adopted after discussion a message to compatriots
in Taiwan.)
Dear Compatriots in Taiwan:
Today is New Year's Day 1979. We hereby extend our
cordial and sincere greetings to you on behalf of the people of all
nationalities on the mainland of our motherland.
As an old saying goes, "When festival times come round
people think all the more of their loved ones." On this happy occasion as we
celebrate New Year's Day, our thoughts turn all the more to our kith and kin,
our old folks, our brothers and sisters, in Taiwan. We know you have the
motherland and your kinsfolk on the mainland in mind too. This mutual feeling
of many years standing grows with each passing day. From the day when Taiwan
was unfortunately separated from the motherland in 1949, we have not been able
to communicate with or visit each other, our motherland has not been able to
achieve reunification, relatives have been unable to get together, and our
nation, country and people have suffered greatly as a result. All Chinese
compatriots and people of Chinese descent throughout the world look forward to
an early end to this regrettable state of affairs.
The Chinese nation is a great nation. It accounts for
almost a quarter of the world's population and has a long history and brilliant
culture, and its outstanding contributions to world civilization and human
progress are universally recognized. Taiwan has been an inalienable part of
China since ancient times. The Chinese nation has great vitality and cohesion.
Throughout its history, foreign invasions and internal strife have failed to
split our nation permanently. Taiwan's separation from the motherland for
nearly 30 years has been artificial and against our national interests and
aspirations, and this state of affairs must not be allowed to continue. Every
Chinese, in Taiwan or on the mainland, has a compelling responsibility for the
survival, growth and prosperity of the Chinese nation. The important task of
reunifying our motherland, on which hinges the future of the whole nation, now
lies before us all; it is an issue no one can evade or should try to. If we do
not quickly set about ending this disunity so that our motherland is reunified
at an early date, how can we answer our ancestors and explain to our
descendants? This sentiment is shared by all. Who among the descendants of the
Yellow Emperor wishes to go down in history as a traitor?
Radical changes have taken place in China's status in the
world over the past 30 years. Our country's international prestige is rising
constantly and its international role becomes ever more important. The people
and governments of almost all countries place tremendous hopes on us in the
struggle against hegemonism and in safeguarding peace and stability in Asia and
the world as a whole. Every Chinese is proud to see the growing strength and
prosperity of our motherland. If we can end the present disunity and join
forces soon, there will be no end to our contributions to the future of
mankind. Early reunification of our motherland is not only the common desire of
all the people of China, including our compatriots in Taiwan, but the common
wish of all peace-loving peoples and countries the world over.
Reunification of China today is consonant with popular
sentiment and the general trend of development. The world in general recognizes
only one China, with the government of the People's Republic of China as its
sole legal government. The recent conclusion of the China-Japan Treaty of Peace
and Friendship and the normalization of relations between China and the United
States show still more clearly that no one can stop this trend. The present
situation in the motherland, one of stability and unity, is better than ever.
The people of all nationalities on the mainland are working hard with one will
for the great goal of the four modernizations. It is our fervent hope that
Taiwan returns to the embrace of the motherland at an early date so that we can
work together for the great cause of national development. Our state leaders
have firmly declared that they will take present realities into account in
accomplishing the great cause of reunifying the motherland and respect the
status quo on Taiwan and the opinions of people in all walks of life there and
adopt reasonable policies and measures in settling the question of
reunification so as not to cause the people of Taiwan any losses. On the other
hand, people in all walks of life in Taiwan have expressed their yearning for
their homeland and old friends, stated their desire "to identify themselves
with and rejoin their kinsmen," and raised diverse proposals which are
expressions of their earnest hope for an early return to the embrace of the
motherland. As all conditions now are favourable for reunification and
everything is set, no one should go against the will of the nation and against
the trend of history.
We place hopes on the 17 million people on Taiwan and
also the Taiwan authorities. The Taiwan authorities have always taken a firm
stand of one China and have been opposed to an independent Taiwan. We have this
stand in common and it is the basis for our co-operation. Our position has
always been that all patriots belong to one family. The responsibility for
reunifying the motherland rests with each of us. We hope the Taiwan authorities
will treasure national interests and make valuable contributions to the
reunification of the motherland.
The Chinese government has ordered the People's
Liberation Army to stop the bombardment of Jinmen (Quemoy) and other islands as
from today. A state of military confrontation between the two sides still
exists along the Taiwan Straits. This can only breed man-made tension. We hold that
first of all this military confrontation should be ended through discussion
between the government of the People's Republic of China and the Taiwan
authorities so as to create the necessary prerequisites and a secure
environment for the two sides to make contacts and exchanges in whatever area.
The prolonged separation has led to inadequate mutual
understanding between the compatriots on the mainland and on Taiwan and various
inconveniences for both sides. Since overseas Chinese residing in faraway foreign
lands can return for visits and tours and hold reunions with their families,
why can't compatriots living so near, on the mainland and on Taiwan, visit each
other freely? We hold that there is no reason for such barriers to remain. We
hope that at an early date transportation and postal services between both
sides will be established to make it easier for compatriots of both sides to
have direct contact, write to each other, visit relatives and friends, exchange
tours and visits and carry out academic, cultural, sports and technological
interchanges.
Economically speaking, Taiwan and the mainland of the
motherland were originally one entity. Unfortunately, economic ties have been
suspended for many years. Construction is going ahead vigorously on the motherland
and it is our wish that Taiwan also grows economically more prosperous. There
is every reason for us to develop trade between us, each making up what the
other lacks, and carry out economic exchanges. This is mutually required and
will benefit both parties without doing any harm to either.
Dear compatriots in Taiwan,
The bright future of our great motherland belongs to us
and to you. The reunification of the motherland is the sacred mission history
has handed to our generation. Times are moving ahead and the situation is
developing. The earlier we fulfil this mission, the sooner we can jointly write
an unprecedented, brilliant page in the history for our country, catch up with
advanced powers and work together with them for world peace, prosperity and
progress. Let us join hands and work together for this glorious goal!
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
To help maintain peace, security, and stability in the Western
Pacific and to promote the foreign policy of the United States by authorizing
the continuation of commercial, cultural, and other relations between the
people of the United States and the people on Taiwan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SHORT TITLE
Section 1.
This Act may be cited as the "Taiwan Relations Act".
FINDINGS AND DECLARATION OF POLICY
Section 2.
(a) The President—having terminated governmental
relations between the United States and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979, the Congress finds that the enactment of this Act is necessary—
(1) to help maintain peace, security, and stability
in the Western Pacific; and
(2) to promote the foreign policy of the United
States by authorizing the continuation of commercial, cultural, and other
relations between the people of the United States and the people on Taiwan.
(b) It is the policy of the United States—
(1) to preserve and promote extensive, close, and
friendly commercial, cultural, and other relations between the people of the
United States and the people on Taiwan, as well as the people on the China
mainland and all other peoples of the Western Pacific area;
(2) to declare that peace and stability in the area are
in the political, security, and economic interests of the United States, and are matters of international concern;
(3) to make clear that the United States decision to
establish diplomatic relations with the People's Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful
means;
(4) to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the
peace and security of the Western Pacific area and of grave concern to the United States;
(5) to provide Taiwan with arms of a defensive character;
and
(6) to maintain the capacity of the United States to
resist any resort to force or other forms of coercion that would jeopardize the
security, or the social or economic system, of the people on Taiwan.
(c) Nothing contained in this Act shall contravene
the interest of the United States in human rights, especially with respect to
the human rights of all the approximately eighteen million inhabitants of Taiwan. The preservation and enhancement of the human rights of all the people on Taiwan are hereby reaffirmed as objectives of the United States.
IMPLEMENTATION OF UNITED STATES POLICY WITH REGARD TO TAIWAN
Section 3.
(a) In furtherance of the policy set forth in
section 2 of this Act, the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to
enable Taiwan to maintain a sufficient self-defense capability.
(b) The President and the Congress shall determine the
nature and quantity of such defense articles and services based solely upon
their judgment of the needs of Taiwan, in accordance with procedures
established by law. Such determination of Taiwan's defense needs shall include
review by United States military authorities in connection with recommendations
to the President and the Congress.
(c) The President is directed to inform the
Congress promptly of any threat to the security or the social or economic
system of the people on Taiwan and any danger to the interests of the United States arising therefrom. The President and the Congress shall determine, in
accordance with constitutional processes, appropriate action by the United States in response to any such danger.
APPLICATION OF LAWS; INTERNATIONAL AGREEMENTS
Section 4.
(a) The absence of diplomatic relations or recognition
shall not affect the application of the laws of the United States with respect
to Taiwan, and the laws of the United States shall apply with respect to Taiwan in the manner that the laws of the United States applied with respect to Taiwan prior to January 1, 1979.
(b) The application of subsection (a) of this section
shall include, but shall not be limited to, the following:
(1) Whenever the laws of the United States refer or relate to foreign countries, nations, states, governments, or
similar entities, such terms shall include and such laws shall apply with such
respect to Taiwan.
(2) Whenever authorized by or pursuant to the laws
of the United States to conduct or carry out programs, transactions, or other
relations with respect to foreign countries, nations, states, governments, or
similar entities, the President or any agency of the United States Government
is authorized to conduct and carry out, in accordance with section 6 of this
Act, such programs, transactions, and other relations with respect to Taiwan
(including, but not limited to, the performance of services for the United
States through contracts with commercial entities on Taiwan), in accordance
with the applicable laws of the United States.
(3) (A) The absence of diplomatic relations and
recognition with respect to Taiwan shall not abrogate, infringe, modify, deny,
or otherwise affect in any way any rights or obligations (including but not
limited to those involving contracts, debts, or property interests of any kind)
under the laws of the United States heretofore or hereafter acquired by or with
respect to Taiwan.
(B) For all purposes under
the laws of the United States, including actions in any court in the United
States, recognition of the People's Republic of China shall not affect in any
way the ownership of or other rights or interests in properties, tangible and
intangible, and other things of value, owned or held on or prior to December
31, 1978, or thereafter acquired or earned by the governing authorities on
Taiwan.
(4) Whenever the application of the laws of the United States depends upon the law that is or was applicable on Taiwan or compliance
therewith, the law applied by the people on Taiwan shall be considered the applicable
law for that purpose.
(5) Nothing in this Act, nor the facts of the
President's action in extending diplomatic recognition to the People's Republic
of China, the absence of diplomatic relations between the people on Taiwan and
the United States, or the lack of recognition by the United States, and
attendant circumstances thereto, shall be construed in any administrative or
judicial proceeding as a basis for any United States Government agency,
commission, or department to make a finding of fact or determination of law,
under the Atomic Energy Act of 1954 and the Nuclear Non-Proliferation Act of
1978, to deny an export license application or to revoke an existing export
license for nuclear exports to Taiwan.
(6) For purposes of the Immigration and Nationality
Act, Taiwan may be treated in the manner specified in the first sentence of
section 202(b) of that Act.
(7) The capacity of Taiwan to sue and be sued in
courts in the United States, in accordance with the laws of the United States,
shall not be abrogated, infringed, modified, denied, or otherwise affected in
any way by the absence of diplomatic relations or recognition.
(8) No requirement, whether expressed or implied,
under the laws of the United States with respect to maintenance of diplomatic
relations or recognition shall be applicable with respect to Taiwan.
(c) For all purposes, including actions in any
court in the United States, the Congress approves the continuation in force of
all treaties and other international agreements, including multilateral
conventions, entered into by the United States and the governing authorities on
Taiwan recognized by the United States as the Republic of China prior to
January 1, 1979, and in force between them on December 31, 1978, unless and
until terminated in accordance with law.
(d) Nothing in this Act may be construed as a basis for
supporting the exclusion or expulsion of Taiwan from continued membership in
any international financial institution or any other international
organization.
Overseas Private Investment Corporation
Section 5.
(a) During the three-year period beginning on the
date of enactment of this Act, the $1,000 per capita income restriction in
insurance, clause (2) of the second undesignated paragraph of section 231 of
the reinsurance, Foreign Assistance Act of 1961 shall not restrict the
activities of the Overseas Private Investment Corporation in determining
whether to provide any insurance, reinsurance, loans, or guaranties with
respect to investment projects on Taiwan.
(b) Except as provided in subsection (a) of this section,
in issuing insurance, reinsurance, loans, or guaranties with respect to
investment projects on Taiwan, the Overseas Private Insurance Corporation shall
apply the same criteria as those applicable in other parts of the world.
THE AMERICAN INSTITUTE OF TAIWAN
Section 6.
(a) Programs, transactions, and other relations
conducted or carried out by the President or any agency of the United States
Government with respect to Taiwan shall, in the manner and to the extent directed
by the President, be conducted and carried out by or through—
(1) The American Institute in Taiwan, a nonprofit corporation incorporated under the laws of the District of Columbia, or
(2) such comparable successor nongovernmental
entity as the President may designate, (hereafter in this Act referred to as
the "Institute").
(b) Whenever the President or any agency of the United
States Government is authorized or required by or pursuant to the laws of the
United States to enter into, perform, enforce, or have in force an agreement or
transaction relative to Taiwan, such agreement or transaction shall be entered
into, performed, and enforced, in the manner and to the extent directed by the
President, by or through the Institute.
(c) To the extent that any law, rule, regulation,
or ordinance of the District of Columbia, or of any State or political
subdivision thereof in which the Institute is incorporated or doing business,
impedes or otherwise interferes with the performance of the functions of the
Institute pursuant to this Act; such law, rule, regulation, or ordinance shall
be deemed to be preempted by this Act.
Services by the Institute to United States Citizens
on Taiwan
Section
7.
(a) The Institute may authorize any of its
employees on Taiwan—
(1) to administer to or take from any person
an oath, affirmation, affidavit, or deposition, and to perform any notarial act
which any notary public is required or authorized by law to perform within the
United States;
(2) To act as provisional conservator of the
personal estates of deceased United States citizens; and
(3) to assist and protect the interests of United States persons by performing other acts such as are authorized to be performed
outside the United States for consular purposes by such laws of the United States as the President may specify.
(b) Acts performed by authorized employees of the
Institute under this section shall be valid, and of like force and effect
within the United States, as if performed by any other person authorized under
the laws of the United States to perform such acts.
Tax Exempt Status of the Institute
Section
8.
(a) The Institute, its property, and its
income are exempt from all taxation now or hereafter imposed by the United
States (except to the extent that section 11(a)(3) of this Act requires the
imposition of taxes imposed under chapter 21 of the Internal Revenue Code of
1954, relating to the Federal Insurance Contributions Act) or by State or local
taxing authority of the United States.
(1) For purposes of the Internal Revenue
Code of 1954, the Institute shall be treated as an organization described in
sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A), 2522(a), and 2522(b).
FURNISHING
PROPERTY AND SERVICES TO AND OBTAINING SERVICES FROM THE INSTITUTE
Section
9.
(a) Any agency of the United States
Government is authorized to sell, loan, or lease property (including interests
therein) to, and to perform administrative and technical support functions and
services for the operations of, the Institute upon such terms and conditions as
the President may direct. Reimbursements to agencies under this subsection
shall be credited to the current applicable appropriation of the agency
concerned.
(b) Any agency of the United States Government is
authorized to acquire and accept services from the Institute upon such terms
and conditions as the President may direct. Whenever the President determines
it to be in furtherance of the purposes of this Act, the procurement of
services by such agencies from the Institute may be effected without regard to
such laws of the United States normally applicable to the acquisition of
services by such agencies as the President may specify by Executive order.
(c) Any agency of the United States
Government making funds available to the Institute in accordance with this Act
shall make arrangements with the Institute for the Comptroller General of the
United States to have access to the; books and records of the Institute and the
opportunity to audit the operations of the Institute.
TAIWAN INSTRUMENTALITY
Section
10.
(a) Whenever the President or any agency of the United States
Government is authorized or required by or pursuant to the laws of the United
States to render or provide to or to receive or accept from Taiwan, any
performance, communication, assurance, undertaking, or other action, such
action shall, in the manner and to the. extent directed by the President, be
rendered or Provided to, or received or accepted from, an instrumentality
established by Taiwan which the President determines has the necessary
authority under the laws applied by the people on Taiwan to provide assurances
and take other actions on behalf of Taiwan in accordance with this Act.
(b) The President is requested to extend to the
instrumentality established by Taiwan the same number of offices and complement
of personnel as were previously operated in the United States by the governing
authorities on Taiwan recognized as the Republic of China prior to January 1, 1979.
(c) Upon the granting by Taiwan of comparable
privileges and immunities with respect to the Institute and its appropriate
personnel, the President is authorized to extend with respect to the Taiwan instrumentality and its appropriate; personnel, such privileges and immunities
(subject to appropriate conditions and obligations) as may be necessary for the
effective performance of their functions.
SEPARATION OF GOVERNMENT PERSONNEL FOR EMPLOYMENT WITH THE INSTITUTE
Section 11.
(a) (1) Under such terms and conditions as
the President may direct, any agency of the United States Government may
separate from Government service for a specified period any officer or employee
of that agency who accepts employment with the Institute.
(2) An
officer or employee separated by an agency under paragraph (1) of this
subsection for employment with the Institute shall be entitled upon termination
of such employment to reemployment or reinstatement with such agency (or a
successor agency) in an appropriate position with the attendant rights,
privileges, and benefits with the officer or employee would have had or
acquired had he or she not been so separated, subject to such time period and
other conditions as the President may prescribe.
(3) An
officer or employee entitled to reemployment or reinstatement rights under
paragraph (2) of this subsection shall, while continuously employed by the
Institute with no break in continuity of service, continue to participate in
any benefit program in which such officer or employee was participating prior
to employment by the Institute, including programs for compensation for
job-related death, injury, or illness; programs for health and life insurance;
programs for annual, sick, and other statutory leave; and programs for
retirement under any system established by the laws of the United States; except
that employment with the Institute shall be the basis for participation in such
programs only to the extent that employee deductions and employer
contributions, as required, in payment for such participation for the period of
employment with the Institute, are currently deposited in the program's or
system's fund or depository. Death or retirement of any such officer or
employee during approved service with the Institute and prior to reemployment
or reinstatement shall be considered a death in or retirement from Government
service for purposes of any employee or survivor benefits acquired by reason of
service with an agency of the United States Government.
(4) Any officer or
employee of an agency of the United States Government who entered into service
with the Institute on approved leave of absence without pay prior to the
enactment of this Act shall receive the benefits of this section for the period
of such service.
(b) Any agency of the United States Government employing
alien personnel on Taiwan may transfer such personnel, with accrued allowances,
benefits, and rights, to the Institute without a break in service for purposes
of retirement and other benefits, including continued participation in any
system established by the laws of the United States for the retirement of
employees in which the alien was participating prior to the transfer to the
Institute, except that employment with the Institute shall be creditable for
retirement purposes only to the extent that employee deductions and employer contributions,
as required, in payment for such participation for the period of employment
with the Institute, are currently deposited in the system' s fund or
depository.
(c) Employees of the Institute shall not be
employees of the United States and, in representing the Institute, shall be
exempt from section 207 of title 18, United States Code.
(1) For
purposes of sections 911 and 913 of the Internal Revenue Code of 1954, amounts
paid by the Institute to its employees shall not be treated as earned income. Amounts
received by employees of the Institute shall not be included in gross income,
and shall be exempt from taxation, to the extent that they are equivalent to
amounts received by civilian officers and employees of the Government of the United States as allowances and benefits which are exempt from taxation under section 912
of such Code.
(2) Except to
the extent required by subsection (a)(3) of this section, service performed in
the employ of the Institute shall not constitute employment for purposes of
chapter 21 of such Code and title II of the Social Security Act.
REPORTING REQUIREMENT
Section 12.
(a) The Secretary of State shall transmit to the
Congress the text of any agreement to which the Institute is a party. However,
any such agreement the immediate public disclosure of which would, in the
opinion of the President, be prejudicial to the national security of the United
States shall not be so transmitted to the Congress but shall be transmitted to
the Committee on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives under an appropriate injunction of
secrecy to be removed only upon due notice from the President.
(b) For purposes of subsection (a), the term "agreement"
includes—
(1) any agreement entered into between the
Institute and the governing authorities on Taiwan or the instrumentality
established by Taiwan; and
(2) any agreement entered into between the
Institute and an agency of the United States Government.
(c) Agreements and transactions made or to be made
by or through the Institute shall be subject to the same congressional
notification, review, and approval requirements and procedures as if such
agreements and transactions were made by or through the agency of the United
States Government on behalf of which the Institute is acting.
(d) During the two-year period beginning on the effective
date of this Act, the Secretary of State shall transmit to the Speaker of the
House and Senate House of Representatives and the Committee on Foreign Relations
of Foreign Relations the Senate, every six months, a report describing and
reviewing economic relations between the United States and Taiwan, noting any
interference with normal commercial relations.
RULES
AND REGULATIONS
Section
13.
The President is authorized to
prescribe such rules and regulations as he may deem appropriate to carry out
the purposes of this Act. During the three-year period beginning on the
effective date speaker of this Act, such rules and regulations shall be
transmitted promptly to the Speaker of the House of Representatives and to the
Committee on Foreign Relations of the Senate. Such action shall.not, however,
relieve the Institute of the responsibilities placed upon it by this Act.'
CONGRESSIONAL OVERSIGHT
Section 14.
(a) The Committee on Foreign Affairs of the House
of Representatives, the Committee on Foreign Relations of the Senate, and other
appropriate committees of the Congress shall monitor—
(1) the implementation of the provisions of this
Act;
(2) the operation and procedures of the Institute;
(3) the legal and technical aspects of the
continuing relationship between the United States and Taiwan; and
(4) the implementation of the policies of the United States concerning security and cooperation in East Asia.
(b) Such committees shall report, as appropriate, to
their respective Houses on the results of their monitoring.
DEFINITIONS
Section 15.
For purposes of this Act—
(1) the term "laws of the United States" includes
any statute, rule, regulation, ordinance, order, or judicial rule of decision
of the United States or any political subdivision thereof; and
(2) the term "Taiwan" includes, as the context may
require, the islands of Taiwan and the Pescadores, the people on those islands,
corporations and other entities and associations created or organized under the
laws applied on those islands, and the governing authorities on Taiwan
recognized by the United States as the Republic of China prior to January 1,
1979, and any successor governing authorities (including political
subdivisions, agencies, and instrumentalities thereof).
Authorization of Appriations
Section
16.
In
addition to funds otherwise available to carry out the provisions of this Act,
there are authorized to be appropriated to the Secretary of State for the fiscal
year 1980 such funds as may be necessary to carry out such provisions. Such
funds are authorized to remain available until expended.
Severability of Provisions
Section
17.
If any
provision of this Act or the application thereof to any person or circumstance
is held invalid, the remainder of the Act and the application of such provision
to any other person or circumstance shall not be affected thereby.
EFFECTIVE DATE
Section 18.
This Act shall be effective as of January 1, 1979. Approved April 10, 1979.
RESOLUTION OF THE INTERNATIONAL OLYMPIC COMMITTEE EXECUTIVE BOARD
Nagoya, 25th October 1979
The People’s Republic of China:
Name: Chinese Olympic Committee
NOC anthem, flag and emblem: flag and anthem of People’s Republic of China.
The emblem submitted to and approved by the Executive Board.
Constitution: In order.
Committee based in Taipei:
Name: Chinese Taipei Olympic Committee
NOC anthem, flag and emblem: Other than that used at present and which must be approved by the Executive Board of the IOC.
Constitution: to be amended in conformity with IOC rules by 1st January 1980.
FLAG
EMBLEM
PEOPLE’S REPUBLIC OF CHINA
CHINESE TAIPEI
🛑 EDITOR'S NOTE ===============
The Nagoya Resolution represents a decision by the IOC Executive Board allowing teams both from Taiwan/the ROC
and China/the PRC to participate in future Olympic Games, with precise specifications for admissible flag, emblem,
and team name. The resolution was published in English and French, but no officially authorized Chinese version was
released. More information concerning the name issue can be found here.
Chairman Ye Jianying’s Elaborations on Policy Concerning Return of Taiwan To Motherland and Peaceful Unification
Ye Jianying, Chairman of the Standing Committee of the National People’s Congress, in an interview with a Xinhua correspondent on September 30, 1981, elaborated on the policy concerning the return of Taiwan to the motherland for the realization of China’s peaceful reunification.
The full text of his statement follows:
Today, on the eve of the 32nd anniversary of the founding of the People’s Republic of China and at the approach of the 70th anniversary of the 1911 Revolution, I wish, first of all, to extend my festive greetings and cordial regards to the people of all, to extend my festive greetings and cordial regards to the people of all nationalities throughout the country, including the compatriots in Taiwan, Xianggang (Hong Kong) and Aomen (Macao), and Chinese nationals residing in foreign countries.
On New Year’s Day 1979, the Standing Committee of the National People’s Congress issued a message to the compatriots in Taiwan, in which it proclaimed the policy of striving to reunify the motherland peacefully. The message received warm support and active response from the people of all nationalities throughout China, including the compatriots in Taiwan, Xianggang and Aomen, and those residing abroad. A relaxed atmosphere has set in across the Taiwan Straits. Now, I would taken this opportunity to elaborate on the policy concerning the return of Taiwan to the motherland for the realization of peaceful reunification:
In order to bring an end to the unfortunate separation of the Chinese nation as early as possible, we propose that talks be held between the Communist Party of China and the Kuomintang of China on a reciprocal basis so that the two parties will co-operate for the third time to accomplish the great cause of national reunification. The two sides may first send people to meet for an exhaustive exchange of views.
It is the urgent desire of the people of all nationalities on both sides of the straits to communicate with each other, reunite with their families and relatives, develop trade and increase mutual understanding. We propose that the two sides make arrangements to facilitate the exchange of mails, trade, air and shipping services, family reunions and visits by relatives and tourists as well as academic, cultural and sports exchanges, and reach an agreement there upon.
After the country is reunified, Taiwan can enjoy a high degree of autonomy as a special administrative region and it can retain its armed forces. The Central Government will not interfere with local affairs on Taiwan.
Taiwan’s current socio-economic system will remain unchanged, so will its way of life and its economic and cultural relations with foreign countries. There will be no encroachment on the proprietary rights and lawful right of inheritance over private property, houses, land and enterprises, or on foreign investments.
People in authority and representative personages of various circles in Taiwan may take up posts of leadership in national political bodies and participate in running the state.
When Taiwan’s local finance is in difficulty, the Central Government may subsidize it as is fit for the circumstances.
For people of all nationalities and public figures of various circles in Taiwan who wish to come and settle on the mainland, it is guaranteed that proper arrangements will be made for them, that there will be no discrimination against them, and that they will have the freedom of entry and exit.
Industrialists and businessmen in Taiwan are welcome to invest and engage in various economic undertakings on the mainland, and their legal rights, interests and profits are guaranteed.
The reunification of the motherland is the responsibility of all Chinese. We sincerely welcome people of all nationalities, public figures of all circles and all mass organizations in Taiwan to make proposals and suggestions regarding affairs of state through various channels and in various ways.
Taiwan’s return to the embrace of the motherland and the accomplishment of the great cause of national reunification is a great and glorious mission history has bequeathed on our generation. China’s reunification and prosperity is in the vital interest of the Chinese people of all nationalities-not only those on the mainland, but those in Taiwan as well. It is also in the interest of peace in the Far East and the world.
We hope that our compatriots in Taiwan will give full play to their patriotism and work energetically for the early realization of the great unity of our nation and share the honor of it. We hope that our compatriots in Xianggang and Aomen and Chinese nationals residing abroad will continue to act in the role of a bridge and contribute their share to the reunification of the motherland.
We hope that the Kuomintang authorities will stick to their one-China position and their opposition to “two Chinas” and that they will put national interests above everything else, forget previous will and join hands with us in accomplishing the great cause of national reunification and the great goal of making China prosperous and strong, so as to win glory for our ancestors, being benefit to our posterity and write a new and glorious page in the history of the Chinese nation!
(Xinhua News Agency, September 30, 1981, Beijing)
Source: Beijing Review 1981, No. 40
(October 5 edition), p. 10-11; retrieved from Taiwan Info
The formal term of Ye Jianying’s “Nine-Point Policy” is “Nine Principles for the Peaceful Reunification with Taiwan”
(youguan heping tongyi Taiwan de jiutiao fangzhen zhengce 有關和平統一台灣的九條方針政策, abbrev. Ye jiutiao
葉九條), in English it is also often referred to as “Ye’s Nine Principles” or “Nine-Article Statement”. On Jan. 11, 1982
Deng Xiaoping revealed to foreign guests that Ye’s Nine-Point Policy actually means “One Country, Two Systems” (yiguo
liangzhi 一國兩制, abbrev. 1C2S) and would also apply to the issue of Hong Kong. In this context Deng on June 26, 1983
explained his “Six Conceptions for the Peaceful Reunification” (guanyu shixian Taiwan han zuguo dalu heping tongyide
liutiao gouxiang 關於實現台灣和祖國大陸和平統一的六條構想, abbrev. Deng liutiao 鄧六條) which are shown
further below.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
Note: On July 14, 1982,
James Lilley, at the time director of the American Institute in Taiwan (AIT),
the US's nominally unofficial representative body in Taiwan, called on ROC
President Chiang Ching-kuo. In US President Ronald Reagan's name, Lilley
delivered orally—not in writing—six assurances regarding US policy toward Taiwan. Lilley explained:
The United States...
● had not agreed to set a date for
ending arms sales to the Republic of China;
● had not agreed to hold prior
consultations with the PRC regarding arms sales to the Republic of China;
● would not play a mediation role
between the PRC and the Republic of China;
● would not revise the Taiwan
Relations Act;
● had not altered its position
regarding sovereignty over Taiwan; and
● would not exert pressure on the
Republic of China to enter into negotiations with the PRC.
(1) In the Joint Communiqué on the
Establishment of Diplomatic Relations on January 1, 1979, issued by the
Government of the People's Republic of China and the Government of the United
States of America, the United States of America recognized the Government of
the People's Republic of China as the sole legal Government of China, and it
acknowledged the Chinese position that there is but one China and Taiwan is
part of China. Within that context, the two sides agreed that the people of the
United States would continue to maintain cultural, commercial, and other
unofficial relations with the people of Taiwan. On this basis, relations between
China and the United States were normalized.
(2) The question of United States arms sales to Taiwan was not settled in the course of negotiations between the two countries on
establishing diplomatic relations. The two sides held differing positions, and
the Chinese side stated that it would raise the issue again following
normalization. Recognizing that this issue would seriously hamper the
development of China-United States relations, they have held further
discussions on it, during and since the meetings between Premier Zhao Ziyang
and President Ronald Reagan and between Vice-Premier and Foreign Minister Huang
Hua and Secretary of State Alexander M. Haig, Jr. in October 1981.
(3) Respect for each other's sovereignty and
territorial integrity and non-interference in each other's internal affairs
constitute the fundamental principles guiding China-United States relations.
These principles were confirmed in the Shanghai Communiqué of February 28, 1972 and reaffirmed in the Joint Communiqué on the Establishment of
Diplomatic Relations which came into effect on January 1, 1979. Both sides emphatically state that these principles continue to govern all aspects of their
relations.
(4) The Chinese Government reiterates that the
question of Taiwan is China's internal affair. The Message to Compatriots in Taiwan issued By China on January 1, 1979 promulgated a fundamental policy of striving for
peaceful reunification of the motherland. The Nine-Point Proposal put forward
by China on September 30, 1981 represented a further major effort under this
fundamental policy to strive for a peaceful solution to the Taiwan question.
(5) The United States Government attaches great
importance to its relations with China, and reiterates that it has no intention
of infringing on Chinese sovereignty and territorial integrity, or interfering
in China's internal affairs, or pursuing a policy of "two Chinas" or "one China, one Taiwan." The United States Government understands and appreciates the Chinese
policy of striving for a peaceful resolution of the Taiwan question as
indicated in China's Message to Compatriots in Taiwan issued on January 1, 1979 and the Nine-Point Proposal put forward by China on September 30, 1981. The new situation which has emerged with regard to the Taiwan question also
provides favorable conditions for the settlement of China-United States differences over United States arms sales to Taiwan.
Having in mind the foregoing statements of both
sides, the United States Government states that it does not seek to carry out a
long-term policy of arms sales to Taiwan, that its arms sales to Taiwan will
not exceed, either in qualitative or in quantitative terms, the level of those
supplied in recent years since the establishment of diplomatic relations
between China and the United States, and that it intends gradually to reduce
its sale of arms to Taiwan, leading, over a period of time, to a final
resolution. In so stating, the United States acknowledges China's consistent position regarding the thorough settlement of this issue.
(6) In order to bring about, over a period of
time, a final settlement of the question of United States arms sales to Taiwan,
which is an issue rooted in history, the two Governments will make every effort
to adopt measures and create conditions conducive to the through settlement of
this issue.
(7) The development of United States–China relations is
not only in the interests of the two peoples but also conducive to peace and
stability in the world. The two sides are determined, on the principle of equality
and mutual benefit, to strengthen their ties in the economic, cultural,
educational, scientific, technological and other fields and make strong, joint
efforts for the continued development of relations between the Governments and
peoples of the United States and China.
(8) In order to bring about the healthy development of
United States–China relations, maintain world peace and oppose aggression and
expansion, the two Governments reaffirm the principles agreed on by the two
sides in the Shanghai Communique and the Joint Communique on the Establishment
of Diplomatic Relations. The two sides will maintain contact and hold
appropriate consultations on bilateral and international issues of common
interest.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
1. An island is a
naturally formed area of land, surrounded by water, which is above water at
high tide.
2. Except as provided for in
paragraph 3, the territorial sea, the contiguous zone, the exclusive economic
zone and the continental shelf of an island are determined in accordance with
the provisions of this Convention applicable to other land territory.
3. Rocks which cannot
sustain human habitation or economic life of their own shall have no EEZ or
continental shelf.
Meeting with Professor Yang Liyu from Seton Hall University of the US on June 26, 1983, Deng Xiaoping elaborated the concept of “One Country, Two Systems”.
The core of the Taiwan question is the Taiwan question is the reunification has become the common aspiration of both the Communist Party and the Kuomintang and thus has constituted the ground for the third cooperation between the two parties.
While maintaining the one-China policy, the two sides can adopt different systems, but the People’s Republic of China should be the sole representative of China in the international community.
Taiwan’s “absolute autonomy” is not allowed. The “absolute autonomy” actually means two Chinas. There should be some restrictions on autonomy, and the bottom line is that the interest of a unified state must not be harmed.
After reunification, as a special administrative region, Taiwan can adopts systems different from those on the mainland and enjoys privileges, which other provinces and autonomous regions may not share. The region can have the powers of a legislature, judiciary and final adjudication. The region can also have its own army as long as it poses no threat to the mainland. The central government will not send officials. Affairs pertaining to Taiwan’s political parties, government and army shall be managed by Taiwan itself, while the central government will reserve some positions for Taiwan.
Peaceful reunification does not mean the mainland will swallow Taiwan, or vice versa. To reunify China with the “Three People’s Principles” is not practical.
The proper way for peaceful reunification is to hold negotiations between the Communist Party and the Kuomintang on an equal footing. After the two sides reach an agreement, an official announcement can be made. Foreign powers cannot be allowed to interfere with this affair, because it would otherwise mean China has not achieved independence and would only give use to endless future troubles.
Most Chinese sources have omitted the precise numbering which in this version was derived from the
website of the PRC embassy in Japan
but does not exactly correspond with the numbering shown in the
official English version.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
Joint Declaration of the Government of the United Kingdom
of Great Britain and Northern Ireland and the Government of the People's
Republic of China on the Question of Hong Kong
The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the People's Republic of China have reviewed with
satisfaction the friendly relations existing between the two Governments and
peoples in recent years and agreed that a proper negotiated settlement of the
question of Hong Kong, which is left over from the past, is conducive to the
maintenance of the prosperity and stability of Hong Kong and to the further
strengthening and development of the relations between the two countries on a
new basis. To this end, they have, after talks between the delegations of the
two Governments, agreed to declare as follows:
1. The Government of the People's
Republic of China declares that to recover the Hong Kong area (including Hong
Kong Island, Kowloon and the New Territories, hereinafter referred to as Hong
Kong) is the common aspiration of the entire Chinese people, and that it has
decided to resume the exercise of sovereignty over Hong Kong with effect from 1
July 1997.
2. The Government of the United Kingdom declares that it will restore Hong Kong to the People's Republic of China with effect from 1 July 1997.
3. The Government of the People's
Republic of China declares that the basic policies of the People's Republic of China regarding Hong Kong are as follows:
(1) Upholding
national unity and territorial integrity and taking account of the history of Hong Kong and its realities, the People's Republic of China has decided to establish, in
accordance with the provisions of Article 31 of the Constitution of the
People's Republic of China, a Hong Kong Special Administrative Region upon
resuming the exercise of sovereignty over Hong Kong.
(2) The
Hong Kong Special Administrative Region will be directly under the authority of
the Central People's Government of the People's Republic of China. The Hong Kong Special Administrative Region will enjoy a high degree of autonomy,
except in foreign and defence affairs which are the responsibilities of the
Central People's Government.
(3) The
Hong Kong Special Administrative Region will be vested with executive,
legislative and independent judicial power, including that of final
adjudication. The laws currently in force in Hong Kong will remain basically
unchanged.
(4) The
Government of the Hong Kong Special Administrative Region will be composed of
local inhabitants. The chief executive will be appointed by the Central
People's Government on the basis of the results of elections or consultations
to be held locally. Principal officials will be nominated by the chief
executive of the Hong Kong Special Administrative Region for appointment by the
Central People's Government. Chinese and foreign nationals previously working
in the public and police services in the government departments of Hong Kong may remain in employment. British and other foreign nationals may also be
employed to serve as advisers or hold certain public posts in government
departments of the Hong Kong Special Administrative Region.
(5) The
current social and economic systems in Hong Kong will remain unchanged, and so
will the life-style. Rights and freedoms, including those of the person, of
speech, of the press, of assembly, of association, of travel, of movement, of
correspondence, of strike, of choice of occupation, of academic research and of
religious belief will be ensured by law in the Hong Kong Special Administrative
Region. Private property, ownership of enterprises, legitimate right of
inheritance and foreign investment will be protected by law.
(6) The
Hong Kong Special Administrative Region will retain the status of a free port
and a separate customs territory.
(7) The
Hong Kong Special Administrative Region will retain the status of an
international financial centre, and its markets for foreign exchange, gold,
securities and futures will continue. There will be free flow of capital. The Hong Kong dollar will continue to circulate and remain freely convertible.
(8) The
Hong Kong Special Administrative Region will have independent finances. The
Central People's Government will not levy taxes on the Hong Kong Special
Administrative Region.
(9) The
Hong Kong Special Administrative Region may establish mutually beneficial
economic relations with the United Kingdom and other countries, whose economic
interests in Hong Kong will be given due regard.
(10) Using the
name of "Hong Kong, China", the Hong Kong Special Administrative Region may on
its own maintain and develop economic and cultural relations and conclude
relevant agreements with states, regions and relevant international
organisations.
The
Government of the Hong Kong Special Administrative Region may on its own issue
travel documents for entry into and exit from Hong Kong.
(11) The
maintenance of public order in the Hong Kong Special Administrative Region will
be the responsibility of the Government of the Hong Kong Special Administrative
Region.
(12) The
above-stated basic policies of the People's Republic of China regarding Hong
Kong and the elaboration of them in Annex I to this Joint Declaration will be
stipulated, in a Basic Law of the Hong Kong Special Administrative Region of
the People's Republic of China, by the National People's Congress of the
People's Republic of China, and they will remain unchanged for 50 years.
4. The Government of the United
Kingdom and the Government of the People's Republic of China declare that,
during the transitional period between the date of the entry into force of this
Joint Declaration and 30 June 1997, the Government of the United Kingdom will
be responsible for the administration of Hong Kong with the object of
maintaining and preserving its economic prosperity and social stability; and
that the Government of the People's Republic of China will give its
co-operation in this connection.
5. The Government of the United
Kingdom and the Government of the People's Republic of China declare that, in
order to ensure a smooth transfer of government in 1997, and with a view to the
effective implementation of this Joint Declaration, a Sino-British Joint Liaison
Group will be set up when this Joint Declaration enters into force; and that it
will be established and will function in accordance with the provisions of
Annex II to this Joint Declaration.
6. The Government of the United Kingdom and the Government of the People's Republic of China declare that land
leases in Hong Kong and other related matters will be dealt with in accordance
with the provisions of Annex III to this Joint Declaration.
7. The Government of the United Kingdom and the Government of the People's Republic of China agree to implement the
preceding declarations and the Annexes to this Joint Declaration.
8. This Joint Declaration is
subject to ratification and shall enter into force on the date of the exchange
of instruments of ratification, which shall take place in Beijing before 30 June 1985. This Joint Declaration and its Annexes shall be equally binding.
Done in duplicate at Beijing on December 19, 1984 in the English and Chinese languages, both texts being equally authentic.
For the Government of the United Kingdom of Great Britain and Northern Ireland Margaret Thatcher
For the Government of the People's Republic of China Zhao Ziyang
Elaboration by the government of the People's Republic of
China of its basic policies regarding Hong Kong
The
Government of the People's Republic of China elaborates the basic policies of
the People's Republic of China regarding Hong Kong as set out in paragraph 3 of
the Joint Declaration of the Government of the United Kingdom of Great Britain
and Northern Ireland and the Government of the People's Republic of China on
the Question of Hong Kong as follows:
I. CONSTITUTION
Establishment of the Hong Kong S.A.R.
The Basic Law
The Constitution of the People's Republic of China
stipulates in Article 31 "that the state may establish special
administrative regions when necessary. The systems to be instituted in special
administrative regions shall be prescribed by laws enacted by the National
People's Congress in the light of the specific conditions." In accordance
with this Article, the People's Republic of China shall, upon the resumption of
the exercise of sovereignty over Hong Kong on 1 July 1997, establish the Hong
Kong Special Administrative Region of the People's Republic of China. The
National People's Congress of the People's Republic of China shall enact and
promulgate a Basic Law of the Hong Kong Special Administrative Region of the
People's Republic of China (hereinafter referred to as the Basic Law) in
accordance with the Constitution of the People's Republic of China, stipulating
that after the establishment of the Hong Kong Special Administrative Region the
socialist system and socialist policies shall not be practised in the Hong Kong
Special Administrative Region and that Hong Kong's previous capitalist system
and life-style shall remain unchanged for 50 years.
The Hong Kong Special Administrative Region shall be
directly under the authority of the Central People's Government of the People's
Republic of China and shall enjoy a high degree of autonomy. Except for foreign
and defence affairs which are the responsibilities of the Central People's
Government, the Hong Kong Special Administrative Region shall be vested with
executive, legislative and independent judicial power, including that of final
adjudication. The Central People's Government shall authorise the Hong Kong
Special Administrative Region to conduct on its own those external affairs
specified in Section XI of this Annex.
Chief Executive. Principal Officials. The Legislature
The government and legislature of the Hong Kong Special
Administrative Region shall be composed of local inhabitants. The chief
executive of the Hong Kong Special Administrative Region shall be selected by
election or through consultations held locally and be appointed by the Central
People's Government. Principal officials (equivalent to Secretaries) shall be
nominated by the chief executive of the Hong Kong Special Administrative Region
and appointed by the Central People's Government. The legislature of the Hong
Kong Special Administrative Region shall be constituted by elections. The
executive authorities shall abide by the law and shall be accountable to the
legislature.
Language
In addition to Chinese, English may also be used in
organs of government and in the courts in the Hong Kong Special Administrative
Region.
Regional flag and emblem
Apart from displaying the national flag and national
emblem of the People's Republic of China, the Hong Kong Special Administrative
Region may use a regional flag and emblem of its own.
II. LEGAL SYSTEM
Laws previously in force
After the establishment of the Hong Kong Special
Administrative Region, the laws previously in force in Hong Kong (i.e. the
common law, rules of equity, ordinances, subordinate legislation and customary
law) shall be maintained, save for any that contravene the Basic Law and
subject to any amendment by the Hong Kong Special Administrative Region
legislature.
Legislative power
The legislative power of the Hong Kong Special
Administrative Region shall be vested in the legislature of the Hong Kong
Special Administrative Region. The legislature may on its own authority enact
laws in accordance with the provisions of the Basic Law and legal procedures,
and report them to the Standing Committee of the National People's Congress for
the record. Laws enacted by the legislature which are in accordance with the
Basic Law and legal procedures shall be regarded as valid.
Laws of the SAR
The laws of the Hong Kong Special Administrative Region
shall be the Basic Law, and the laws previously in force in Hong Kong and laws
enacted by the Hong Kong Special Administrative Region legislature as above.
III. JUDICIAL SYSTEM
Previous judicial system
After the establishment of the Hong Kong Special
Administrative Region, the judicial system previously practised in Hong Kong
shall be maintained except for those changes consequent upon the vesting in the
courts of the Hong Kong Special Administrative Region of the power of final
adjudication.
Judicial power; Precedents
Judicial power in the Hong Kong Special Administrative
Region shall be vested in the courts of the Hong Kong Special Administrative
Region. The courts shall exercise judicial power independently and free from
any interference. Members of the judiciary shall be immune from legal action in
respect of their judicial functions. The courts shall decide cases in
accordance with the laws of the Hong Kong Special Administrative Region and may
refer to precedents in other common law jurisdictions.
Appointment and removal of judges
Judges of the Hong Kong Special Administrative Region
courts shall be appointed by the chief executive of the Hong Kong Special
Administrative Region acting in accordance with the recommendation of an
independent commission composed of local judges, persons from the legal
profession and other eminent persons. Judges shall be chosen by reference to
their judicial qualities and may be recruited from other common law
jurisdictions. A judge may only be removed for inability to discharge the
functions of his office, or for misbehaviour, by the chief executive of the
Hong Kong Special Administrative Region acting in accordance with the
recommendation of a tribunal appointed by the chief judge of the court of final
appeal, consisting of not fewer than three local judges. Additionally, the
appointment or removal of principal judges (i.e. those of the highest rank)
shall be made by the chief executive with the endorsement of the Hong Kong
Special Administrative Region legislature and reported to the Standing
Committee of the National People's Congress for the record. The system of
appointment and removal of judicial officers other than judges shall be
maintained.
Power of final judgment
The power of final judgment of the Hong Kong Special
Administrative Region shall be vested in the court of final appeal in the Hong
Kong Special Administrative Region, which may as required invite judges from
other common law jurisdictions to sit on the court of final appeal.
Prosecutions
A prosecuting authority of the Hong Kong Special
Administrative Region shall control criminal prosecutions free from any
interference.
Legal practitioners
On the basis of the system previously operating in Hong
Kong, the Hong Kong Special Administrative Region Government shall on its own
make provision for local lawyers and lawyers from outside the Hong Kong Special
Administrative Region to work and practise in the Hong Kong Special
Administrative Region.
Reciprocal juridical assistance
The Central People's Government shall assist or authorise
the Hong Kong Special Administrative Region Government to make appropriate
arrangements for reciprocal juridical assistance with foreign states.
IV. PUBLIC SERVICE
Public servants and members of judiciary previously serving in H.K.
After the establishment of the Hong Kong Special
Administrative Region, public servants previously serving in Hong Kong in all
government departments, including the police department, and members of the
judiciary may all remain in employment and continue their service with pay, allowances,
benefits and conditions of service no less favourable than before. The Hong
Kong Special Administrative Region Government shall pay to such persons who
retire or complete their contracts, as well as to those who have retired before
1 July 1997, or to their dependants, all pensions, gratuities, allowances and
benefits due to them on terms no less favourable than before, and irrespective
of their nationality or place of residence.
Foreign nationals in public service
The Hong Kong Special Administrative Region Government
may employ British and other foreign nationals previously serving in the public
service in Hong Kong, and may recruit British and other foreign nationals
holding permanent identity cards of the Hong Kong Special Administrative Region
to serve as public servants at all levels, except as heads of major government
departments (corresponding to branches or departments at Secretary level)
including the police department, and as deputy heads of some of those
departments. The Hong Kong Special Administrative Region Government may also
employ British and other foreign nationals as advisers to government
departments and, when there is a need, may recruit qualified candidates from
outside the Hong Kong Special Administrative Region to professional and
technical posts in government departments. The above shall be employed only in
their individual capacities and, like other public servants, shall be
responsible to the Hong Kong Special Administrative Region Government.
Appointment and promotion of public servants
The appointment and promotion of public servants shall be
on the basis of qualifications, experience and ability. Hong Kong's previous
system of recruitment, employment, assessment, discipline, training and
management for the public service (including special bodies for appointment,
pay and conditions of service) shall, save for any provisions providing
privileged treatment for foreign nationals, be maintained.
V. FINANCE
Budget
The Hong Kong Special Administrative Region shall deal on
its own with financial matters, including disposing of its financial resources
and drawing up its budgets and its final accounts. The Hong Kong Special
Administrative Region shall report its budgets and final accounts to the
Central People's Government for the record.
Taxation and public expenditure
The Central People's Government shall not levy taxes on
the Hong Kong Special Administrative Region. The Hong Kong Special
Administrative Region shall use its financial revenues exclusively for its own
purposes and they shall not be handed over to the Central People's Government.
The systems by which taxation and public expenditure must be approved by the
legislature, and by which there is accountability to the legislature for all
public expenditure, and the system for auditing public accounts shall be
maintained.
VI. ECONOMIC SYSTEM
Economic and trade system.
Ownership of property
The Hong Kong Special Administrative Region shall
maintain the capitalist economic and trade systems previously practised in Hong
Kong. The Hong Kong Special Administrative Region Government shall decide its
economic and trade policies on its own. Rights concerning the ownership of
property, including those relating to acquisition, use, disposal, inheritance
and compensation for lawful deprivation (corresponding to the real value of the
property concerned, freely convertible and paid without undue delay) shall
continue to be protected by law.
Free port and free trade policy
The Hong Kong Special Administrative Region shall retain
the status of a free port and continue a free trade policy, including the free
movement of goods and capital. The Hong Kong Special Administrative Region may
on its own maintain and develop economic and trade relations with all states
and regions.
Customs territory.
GATT.
The Hong Kong Special Administrative Region shall be a
separate customs territory. It may participate in relevant international
organisations and international trade agreements (including preferential trade
arrangements), such as the General Agreement on Tariffs and Trade and
arrangements regarding international trade in textiles. Export quotas, tariff
preferences and other similar arrangements obtained by the Hong Kong Special
Administrative Region shall be enjoyed exclusively by the Hong Kong Special Administrative
Region. The Hong Kong Special Administrative Region shall have authority to
issue its own certificates of origin for products manufactured locally, in
accordance with prevailing rules of origin.
Trade missions
The Hong Kong Special Administrative Region may, as
necessary, establish official and semi-official economic and trade missions in
foreign countries, reporting the establishment of such missions to the Central
People's Government for the record.
VII. MONETARY SYSTEM
Previous monetary and financial systems
The Hong Kong Special Administrative Region shall retain
the status of an international financial centre. The monetary and financial
systems previously practised in Hong Kong, including the systems of regulation
and supervision of deposit taking institutions and financial markets, shall be
maintained.
Monetary and financial policies
The Hong Kong Special Administrative Region Government
may decide its monetary and financial policies on its own. It shall safeguard
the free operation of financial business and the free flow of capital within,
into and out of the Hong Kong Special Administrative Region. No exchange
control policy shall be applied in the Hong Kong Special Administrative Region.
Markets for foreign exchange, gold, securities and futures shall continue.
Hong Kong dollar
The Hong Kong dollar, as the local legal tender, shall
continue to circulate and remain freely convertible. The authority to issue
Hong Kong currency shall be vested in the Hong Kong Special Administrative
Region Government. The Hong Kong Special Administrative Region Government may
authorise designated banks to issue or continue to issue Hong Kong currency
under statutory authority, after satisfying itself that any issue of currency
will be soundly based and that the arrangements for such issue are consistent
with the object of maintaining the stability of the currency. Hong Kong
currency bearing references inappropriate to the status of Hong Kong as a
Special Administrative Region of the People's Republic of China shall be
progressively replaced and withdrawn from circulation.
Exchange Fund
The Exchange Fund shall be managed and controlled by the
Hong Kong Special Administrative Region Government, primarily for regulating
the exchange value of the Hong Kong dollar.
VIII. SHIPPING
Previous systems of shipping management and regulation
The Hong Kong Special Administrative Region shall
maintain Hong Kong's previous systems of shipping management and shipping
regulation, including the system for regulating conditions of seamen. The
specific functions and responsibilities of the Hong Kong Special Administrative
Region Government in the field of shipping shall be defined by the Hong Kong
Special Administrative Region Government on its own. Private shipping
businesses and shipping-related businesses and private container terminals in
Hong Kong may continue to operate freely.
Shipping registers and issue of certificates
The Hong Kong Special Administrative Region shall be
authorised by the Central People's Government to continue to maintain a
shipping register and issue related certificates under its own legislation in
the name of 'Hong Kong, China'.
Access to HKSAR ports
With the exception of foreign warships, access for which
requires the permission of the Central People's Government, ships shall enjoy
access to the ports of the Hong Kong Special Administrative Region in
accordance with the laws of the Hong Kong Special Administrative Region.
IX. CIVIL AVIATION
Previous system of civil aviation management
The Hong Kong Special Administrative Region shall
maintain the status of Hong Kong as a centre of international and regional
aviation. Airlines incorporated and having their principal place of business in
Hong Kong and civil aviation related businesses may continue to operate. The
Hong Kong Special Administrative Region shall continue the previous system of
civil aviation management in Hong Kong, and keep its own aircraft register in
accordance with provisions laid down by the Central People's Government
concerning nationality marks and registration marks of aircraft. The Hong Kong
Special Administrative Region shall be responsible on its own for matters of
routine business and technical management of civil aviation, including the
management of airports, the provision of air traffic services within the flight
information region of the Hong Kong Special Administrative Region, and the
discharge of other responsibilities allocated under the regional air navigation
procedures of the International Civil Aviation Organisation.
Air services
The Central People's Government shall, in consultation
with the Hong Kong Special Administrative Region Government, make arrangements
providing for air services between the Hong Kong Special Administrative Region
and other parts of the People's Republic of China for airlines incorporated and
having their principal place of business in the Hong Kong Special
Administrative Region and other airlines of the People's Republic of China. All
Air Service Agreements providing for air services between other parts of the
People's Republic of China and other states and regions with stops at the Hong
Kong Special Administrative Region and air services between the Hong Kong
Special Administrative Region and other states and regions with stops at other
parts of the People's Republic of China shall be concluded by the Central
People's Government. For this purpose, the Central People's Government shall
take account of the special conditions and economic interests of the Hong Kong
Special Administrative Region and consult the Hong Kong Special Administrative
Region Government. Representatives of the Hong Kong Special Administrative
Region Government may participate as members of delegations of the Government
of the People's Republic of China in air service consultations with foreign
governments concerning arrangements for such services.
Air Service Agreements
Acting under specific authorisations from the Central
People's Government, the Hong Kong Special Administrative Region Government
may:
renew or amend Air Service Agreements and
arrangements previously in force; in principle, all such Agreements and
arrangements may be renewed or amended with the rights contained in such
previous Agreements and arrangements being as far as possible maintained;
negotiate and conclude new Air Service Agreements
providing routes for airlines incorporated and having their principal place of
business in the Hong Kong Special Administrative Region and rights for
overflights and technical stops; and
negotiate and conclude provisional arrangements
where no Air Service Agreement with a foreign state or other region is in
force.
All scheduled air services to, from or through the Hong
Kong Special Administrative Region which do not operate to, from or through the
mainland of China shall be regulated by Air Service Agreements or provisional
arrangements referred to in this paragraph.
The Central People's Government shall give the Hong Kong
Special Administrative Region Government the authority to:
negotiate and conclude with other authorities all
arrangements concerning the implementation of the above Air Service Agreements
and provisional arrangements;
issue licences to airlines incorporated and having
their principal place of business in the Hong Kong Special Administrative
Region;
designate such airlines under the above Air
Service Agreements and provisional arrangements; and
issue permits to foreign airlines for services
other than those to, from or through the mainland of China.
X. EDUCATION
The Hong Kong Special Administrative Region shall
maintain the educational system previously practised in Hong Kong. The Hong
Kong Special Administrative Region Government shall on its own decide policies
in the fields of culture, education, science and technology, including policies
regarding the educational system and its administration, the language of
instruction, the allocation of funds, the examination system, the system of
academic awards and the recognition of educational and technological qualifications.
Institutions of all kinds, including those run by religious and community
organisations, may retain their autonomy. They may continue to recruit staff
and use teaching materials from outside the Hong Kong Special Administrative
Region. Students shall enjoy freedom of choice of education and freedom to
pursue their education outside the Hong Kong Special Administrative Region.
XI. FOREIGN AFFAIRS
General
Subject to the principle that foreign affairs are the
responsibility of the Central People's Government, representatives of the Hong
Kong Special Administrative Region Government may participate, as members of
delegations of the Government of the People's Republic of China, in
negotiations at the diplomatic level directly affecting the Hong Kong Special
Administrative Region conducted by the Central People's Government. The Hong
Kong Special Administrative Region may on its own, using the name 'Hong Kong,
China', maintain and develop relations and conclude and implement agreements
with states, regions and relevant international organisations in the
appropriate fields, including the economic, trade, financial and monetary,
shipping, communications, touristic, cultural and sporting fields.
Representatives of the Hong Kong Special Administrative Region Government may
participate, as members of delegations of the Government of the People's
Republic of China, in international organisations or conferences in appropriate
fields limited to states and affecting the Hong Kong Special Administrative
Region, or may attend in such other capacity as may be permitted by the Central
People's Government and the organisation or conference concerned, and may
express their views in the name of 'Hong Kong, China'. The Hong Kong Special
Administrative Region may, using the name 'Hong Kong, China', participate in
international organisations and conferences not limited to states.
International agreements
The application to the Hong Kong Special Administrative
Region of international agreements to which the People's Republic of China is
or becomes a party shall be decided by the Central People's Government, in
accordance with the circumstances and needs of the Hong Kong Special
Administrative Region, and after seeking the views of the Hong Kong Special
Administrative Region Government. International agreements to which the
People's Republic of China is not a party but which are implemented in Hong
Kong may remain implemented in the Hong Kong Special Administrative Region. The
Central People's Government shall, as necessary, authorise or assist the Hong
Kong Special Administrative Region Government to make appropriate arrangements
for the application to the Hong Kong Special Administrative Region of other
relevant international agreements. The Central People's Government shall take
the necessary steps to ensure that the Hong Kong Special Administrative Region
shall continue to retain its status in an appropriate capacity in those
international organisations of which the People's Republic of China is a member
and in which Hong Kong participates in one capacity or another. The Central
People's Government shall, where necessary, facilitate the continued
participation of the Hong Kong Special Administrative Region in an appropriate
capacity in those international organisations in which Hong Kong is a
participant in one capacity or another, but of which the People's Republic of
China is not a member.
Consular and other missions
Foreign consular and other official or semi-official
missions may be established in the Hong Kong Special Administrative Region with
the approval of the Central People's Government. Consular and other official
missions established in Hong Kong by states which have established formal
diplomatic relations with the People's Republic of China may be maintained.
According to the circumstances of each case, consular and other official
missions of states having no formal diplomatic relations with the People's
Republic of China may either be maintained or changed to semi-official
missions. States not recognised by the People's Republic of China can only
establish non-governmental institutions.
The United Kingdom may establish a Consulate-General in
the Hong Kong Special Administrative Region.
XII. DEFENCE
The maintenance of public order in the Hong Kong Special
Administrative Region shall be the responsibility of the Hong Kong Special
Administrative Region Government. Military forces sent by the Central People's
Government to be stationed in the Hong Kong Special Administrative Region for
the purpose of defence shall not interfere in the internal affairs of the Hong
Kong Special Administrative Region. Expenditure for these military forces shall
be borne by the Central People's Government.
XIII. BASIC RIGHTS AND FREEDOMS
General
The Hong Kong Special Administrative Region Government
shall protect the rights and freedoms of inhabitants and other persons in the
Hong Kong Special Administrative Region according to law. The Hong Kong Special
Administrative Region Government shall maintain the rights and freedoms as
provided for by the laws previously in force in Hong Kong, including freedom of
the person, of speech, of the press, of assembly, of association, to form and
join trade unions, of correspondence, of travel, of movement, of strike, of
demonstration, of choice of occupation, of academic research, of belief,
inviolability of the home, the freedom to marry and the right to raise a family
freely.
Legal advice and judicial remedies
Every person shall have the right to confidential legal
advice, access to the courts, representation in the courts by lawyers of his
choice, and to obtain judicial remedies. Every person shall have the right to
challenge the actions of the executive in the courts.
Religion
Religious organisations and believers may maintain their
relations with religious organisations and believers elsewhere, and schools,
hospitals and welfare institutions run by religious organisations may be
continued. The relationship between religious organisations in the Hong Kong
Special Administrative Region and those in other parts of the People's Republic
of China shall be based on the principles of non-subordination,
non-interference and mutual respect.
International Covenants
The provisions of the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights as applied to Hong Kong shall remain in force.
XIV. RIGHT OF ABODE, TRAVEL, IMMIGRATION
Right of abode
The following categories of persons shall have the right
of abode in the Hong Kong Special Administrative Region, and, in accordance
with the law of the Hong Kong Special Administrative Region, be qualified to
obtain permanent identity cards issued by the Hong Kong Special Administrative
Region Government, which state their right of abode:
all Chinese nationals who where born or who have
ordinarily resided in Hong Kong before or after the establishment of the Hong
Kong Special Administrative Region for a continuous period of 7 years or more,
and persons of Chinese nationality born outside Hong Kong of such Chinese nationals;
all other persons who have ordinarily resided in
Hong Kong before or after the establishment of the Hong Kong Special
Administrative Region for a continuous period of 7 years or more and who have
taken Hong Kong as their place of permanent residence before or after the
establishment of the Hong Kong Special Administrative Region, and persons under
21 years of age who were born of such persons in Hong Kong before or after the
establishment of the Hong Kong Special Administrative Region;
any other persons who had the right of abode only
in Hong Kong before the establishment of the Hong Kong Special Administrative
Region.
Passports etc
The Central People's Government shall authorise the Hong
Kong Special Administrative Region Government to issue, in accordance with the
law, passports of the Hong Kong Special Administrative Region of the People's
Republic of China to all Chinese nationals who hold permanent identity cards of
the Hong Kong Special Administrative Region, and travel documents of the Hong
Kong Special Administrative Region of the People's Republic of China to all
other persons lawfully residing in the Hong Kong Special Administrative Region.
The above passports and documents shall be valid for all states and regions and
shall record the holder's right to return to the Hong Kong Special
Administrative Region.
Use of travel documents
For the purpose of travelling to and from the Hong Kong
Special Administrative Region, residents of the Hong Kong Special
Administrative Region may use travel documents issued by the Hong Kong Special
Administrative Region Government, or by other competent authorities of the
People's Republic of China, or of other states. Holders of permanent identity
cards of the Hong Kong Special Administrative Region may have this fact stated
in their travel documents as evidence that the holders have the right of abode
in the Hong Kong Special Administrative Region.
Entry into the Hong Kong Special Administrative Region of
persons from other parts of China shall continue to be regulated in accordance
with the present practice.
Immigration controls
The Hong Kong Special Administrative Region Government
may apply immigration controls on entry, stay in and departure from the Hong
Kong Special Administrative Region by persons from foreign states and regions.
Freedom to leave SAR
Unless restrained by law, holders of valid travel
documents shall be free to leave the Hong Kong Special Administrative Region
without special authorisation.
Visa abolition agreements
The Central People's Government shall assist or authorise
the Hong Kong Special Administrative Region Government to conclude visa
abolition agreements with states or regions.
1. In
furtherance of their common aim and in order to ensure a smooth transfer of
government in 1997, the Government of the United Kingdom and the Government of
the People's Republic of China have agreed to continue their discussions in a
friendly spirit and to develop the cooperative relationship which already
exists between the two Governments over Hong Kong with a view to the effective
implementation of the Joint Declaration.
2. In
order to meet the requirements for liaison, consultation and the exchange of
information, the two Governments have agreed to set up a Joint Liaison Group.
3. The
functions of the Joint Liaison Group shall be:
a) to
conduct consultations on the implementation of the Joint Declaration;
b) to
discuss matters relating to the smooth transfer of government in 1997;
c) to
exchange information and conduct consultations on such subjects as may be
agreed by the two sides.
Matters
on which there is disagreement in the Joint Liaison Group shall be referred to
the two Governments for solution through consultations.
4.
Matters for consideration during the first half of the period between the
establishment of the Joint Liaison Group and 1 July 1997 shall include:
a)
action to be taken by the two Governments to enable the Hong Kong Special
Administrative Region to maintain its economic relations as a separate customs
territory, and in particular to ensure the maintenance of Hong Kong's
participation in the General Agreement on Tariffs and Trade, the Multifibre
Arrangement and other international arrangements; and
b)
action to be taken by the two Governments to ensure the continued application
of international rights and obligations affecting Hong Kong.
5. The
two Governments have agreed that in the second half of the period between the
establishment of the Joint Liaison Group and 1 July 1997 there will be need for
closer cooperation, which will therefore be intensified during that period.
Matters for consideration during this second period shall include:
a)
procedures to be adopted for the smooth transition in 1997;
b)
action to assist the Hong Kong Special Administrative Region to maintain and
develop economic and cultural relations and conclude agreements on these
matters with states, regions and relevant international organisations.
6. The
Joint Liaison Group shall be an organ for liaison and not an organ of power. It
shall play no part in the administration of Hong Kong or the Hong Kong Special
Administrative Region. Nor shall it have any supervisory role over that
administration. The members and supporting staff of the Joint Liaison Group
shall only conduct activities within the scope of the functions of the Joint
Liaison Group.
7. Each
side shall designate a senior representative who shall be of Ambassadorial
rank, and four other members of the group. Each side may send up to 20
supporting staff.
8. The
Joint Liaison Group shall be established on the entry into force of the Joint
Declaration. From 1 July 1988 the Joint Liaison Group shall have its principal
base in Hong Kong. The Joint Liaison Group shall continue its work until 1
January 2000.
9. The
Joint Liaison Group shall meet in Beijing, London and Hong Kong. It shall meet
at least once in each of the three locations in each year. The venue for each
meeting shall be agreed between the two sides.
10.
Members of the Joint Liaison Group shall enjoy diplomatic privileges and
immunities as appropriate when in the three locations. Proceedings of the Joint
Liaison Group shall remain confidential unless otherwise agreed between the two
sides.
11. The
Joint Liaison Group may by agreement between the two sides decide to set up
specialist sub-groups to deal with particular subjects requiring expert
assistance.
12.
Meetings of the Joint Liaison Group and sub-groups may be attended by experts
other than the members of the Joint Liaison Group. Each side shall determine
the composition of its delegation to particular meetings of the Joint Liaison
Group or sub-group in accordance with the subjects to be discussed and the
venue chosen.
13. The
working procedures of the Joint Liaison Group shall be discussed and decided
upon by the two sides within the guidelines laid down in this Annex.
The
Government of the United Kingdom and the Government of the People's Republic of
China have agreed that, with effect from the entry into force of the Joint
Declaration, land leases in Hong Kong and other related matters shall be dealt
with in accordance with the following provisions:
1. All
leases of land granted or decided upon before the entry into force of the Joint
Declaration and those granted thereafter in accordance with paragraph 2 or 3 of
this Annex, and which extend beyond 30 June 1997, and all rights in relation to
such leases shall continue to be recognised and protected under the law of the
Hong Kong Special Administrative Region.
2. All
leases of land granted by the British Hong Kong Government not containing a
right of renewal that expire before 30 June 1997, except short term tenancies
and leases for special purposes, may be extended if the lessee so wishes for a
period expiring not later than 30 June 2047 without payment of an additional
premium. An annual rent shall be charged from the date of extension equivalent
to 3 per cent of the rateable value of the property at that date, adjusted in
step with any changes in the rateable value thereafter. In the case of old
schedule lots, village lots, small houses and similar rural holdings, where the
property was on 30 June 1984 held by, or, in the case of small houses granted
after that date, the property is granted to, a person descended through the
male line from a person who was in 1898 a resident of an established village in
Hong Kong, the rent shall remain unchanged so long as the property is held by
that person or by one of his lawful successors in the male line. Where leases
of land not having a right of renewal expire after 30 June 1997, they shall be
dealt with in accordance with the relevant land laws and policies of the Hong
Kong Special Administrative Region.
3. From
the entry into force of the Joint Declaration until 30 June 1997, new leases of
land may be granted by the British Hong Kong Government for terms expiring not
later than 30 June 2047. Such leases shall be granted at a premium and nominal
rental until 30 June 1997, after which date they shall not require payment of
an additional premium but an annual rent equivalent to 3 per cent of the
rateable value of the property at that date, adjusted in step with changes in
the rateable value thereafter, shall be charged.
4. The
total amount of new land to be granted under paragraph 3 of this Annex shall be
limited to 50 hectares a year (excluding land to be granted to the Hong Kong
Housing Authority for public rental housing) from the entry into force of the
Joint Declaration until 30 June 1997.
5.
Modifications of the conditions specified in leases granted by the British Hong
Kong Government may continue to be granted before 1 July 1997 at a premium
equivalent to the difference between the value of the land under the previous
conditions and its value under the modified conditions.
6. From
the entry into force of the Joint Declaration until 30 June 1997, premium
income obtained by the British Hong Kong Government from land transactions
shall, after deduction of the average cost of land production, be shared
equally between the British Hong Kong Government and the future Hong Kong
Special Administrative Region Government. All the income obtained by the
British Hong Kong Government, including the amount of the above-mentioned
deduction, shall be put into the Capital Works Reserve Fund for the financing
of land development and public works in Hong Kong. The Hong Kong Special
Administrative Region Government's share of the premium income shall be
deposited in banks incorporated in Hong Kong and shall not be drawn on except
for the financing of land development and public works in Hong Kong in
accordance with the provisions of paragraph 7(d) of this Annex.
7. A
Land Commission shall be established in Hong Kong immediately upon the entry
into force of the Joint Declaration. The Land Commission shall be composed of
an equal number of officials designated respectively by the Government of the
United Kingdom and the Government of the People's Republic of China together
with necessary supporting staff. The officials of the two sides shall be
responsible to their respective governments. The Land Commission shall be
dissolved on 30 June 1997.
The terms of reference of the Land Commission shall be:
a) to conduct consultations on the implementation of this Annex;
b) to
monitor observance of the limit specified in paragraph 4 of this Annex, the
amount of land granted to the Hong Kong Housing Authority for public rental
housing, and the division and use of premium income referred to in paragraph 6
of this Annex;
c) to
consider and decide on proposals from the British Hong Kong Government for
increasing the limit referred to in paragraph 4 of this Annex;
d) to
examine proposals for drawing on the Hong Kong Special Administrative Region
Government's share of premium income referred to in paragraph 6 of this Annex
and to make recommendations to the Chinese side for decision.
Matters
on which there is disagreement in the Land Commission shall be referred to the
Government of the United Kingdom and the Government of the People's Republic of
China for decision.
8.
Specific details regarding the establishment of the Land Commission shall be
finalised separately by the two sides through consultations.
In
connection with the Joint Declaration of the Government of the United Kingdom
of Great Britain and Northern Ireland and the Government of the People's
Republic of China on the question of Hong Kong to be signed this day, the
Government of the United Kingdom declares that, subject to the completion of
the necessary amendments to the relevant United Kingdom legislation:
a) All
persons who on 30 June 1997 are, by virtue of a connection with Hong Kong,
British Dependent Territories Citizens (BDTCs) under the law in force in the
United Kingdom will cease to be BDTCs with effect from 1 July 1997, but will be
eligible to retain an appropriate status which, without conferring the right of
abode in the United Kingdom, will entitle them to continue to use passports
issued by the Government of the United Kingdom. This status will be acquired by
such persons only if they hold or are included in such a British passport
issued before 1 July 1997, except that eligible persons born on or after 1
January 1997 but before 1 July 1997 may obtain or be included in such a
passport up to 31 December 1997.
b) No
person will acquire BDTC status on or after 1 July 1997 by virtue of a
connection with Hong Kong. No person born on or after 1 July 1997 will acquire
the status referred to as being appropriate in sub-paragraph (a).
c)
United Kingdom consular officials in the Hong Kong Special Administrative
Region and elsewhere may renew and replace passports of persons mentioned in
sub-paragraph (a) and may also issue them to persons, born before 1 July 1997
of such persons, who had previously been included in the passport of their
parent.
d)
Those who have obtained or been included in passports issued by the Government
of the United Kingdom under sub-paragraphs (a) and (c) will be entitled to
receive, upon request, British consular services and protection when in third
countries.
Beijing, 19 December 1984.
Chinese Memorandum
The
Government of the People's Republic of China has received the memorandum from
the Government of the United Kingdom of Great Britain and Northern Ireland
dated 19 December 1984.
Under the Nationality Law of the People's Republic of
China, all Hong Kong Chinese compatriots, whether they are holders of the
'British Dependent Territories Citizens' Passport' or not, are Chinese
nationals.
Taking account of the historical background of Hong Kong
and its realities, the competent authorities of the Government of the People's
Republic of China will, with effect from 1 July 1997, permit Chinese nationals
in Hong Kong who were previously called 'British Dependent Territories
Citizens' to use travel documents issued by the Government of the United
Kingdom for the purpose of travelling to other states and regions.
The above Chinese nationals will not be entitled to
British consular protection in the Hong Kong Special Administrative Region and
other parts of the People's Republic of China on account of their holding the
above-mentioned British travel documents.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
Adopted by the Legislative Yuan on June 23, 1987, promulgated by the President on July 1, 1987, effective as of July 15, 1987.
(Note: This is a translation from the Chinese text of the law. In case of any discrepancy between the Chinese and English texts, the Chinese text shall govern.)
Article 1
The present law is hereby enacted to safeguard national security and maintain social stability during the period of national mobilization for suppression of the Communist rebellion.
Matters for which the present law does not provide shall be governed by other relevant laws.
Article 2
No person may violate the Constitution or advocate Communism or the division of national territory in the exercise of the people’s freedom of assembly and association.
The assembly and association stated in the preceding paragraph shall be governed by laws to be enacted separately.
Article 3
For entry into and exit from the Taiwan Region1, all persons shall apply for permission from the Entry and Exit Service Bureau of the National Police Administration, Ministry of the Interior. A person without permission may not enter into or depart from the Taiwan Region.
Applications for entry or exit permission may be denied if the applicants:
(1) have been sentenced under a final criminal judgment to punishments of imprisonment or greater but have not served or completed the term of sentence, or have been wanted by the judicial authorities, or have been otherwise denied exit permission by the civilian or military judicial authorities; or
(2) have been strongly suspected, on the bases of sufficient factual evidence, to be grave security risks to national security or social stability; or
(3) have been denied entry or exit permission pursuant to other laws.
Applicants denied such permission shall be notified in writing with reasons for denial and with directions appended regarding remedial procedures.
The Ministry of the Interior shall organize a review committee compsed of, inter alia, generally recognized impartial personages to review cases of denial decided pursuant to subparagraph (2), paragraph 2 of the present Article.
Article 4
The police authorities may, when necessary, conduct searches and inspection on the following persons, goods, and transports:
(1) entry and exit passengers and their belongings;
(2) entry and exit vessels, aircraft and other transports;
(3) inland vessels, rafts, aircraft and the passengers and cargo aboard;
(4) sailors, flight crews, fishermen, and other working members of the transports stated in the preceding two subparagraphs, and their belongings.
Article 5
To safeguard coastal defenses, military installations and mountain areas, the Ministry of National Defense may, in consultation with the Ministry of the Interior, designate and declare certain sea coasts, mountain areas or important military facilities as restricted zones.
All persons desiring entry into and exit from the restricted zones stated in the preceding paragraph shall apply for permission from the authorities in charge.
Within these restriced zones stated in paragraph 1, construction may be restricted or prohibited as required by military considerations; the scope of which shall be determined jointly Ministry of National Defense, the Ministry of the Interior, and other related agencies.
Taxes and other levies on the land on which construction is restricted or prohibited shall be reduced or exempted.
Article 6
A person who violated paragraph 1 of Article 3 by entering into or departing from the Taiwan Region without permission shall be punished with imprisonment of not more than three years, detention, and/or a fine of not more than 30,000 yuan.
A person who without justifiable reason refuses or evades searches or inspections conducted pursuant to Article 4 shall be punished with imprisonment for not more than six months, detention, and/or a fine of not more than 5,000 yuan.
Article 7
A person who without reason violates paragraph 2 of Article 5 by entering into or departing from the restricted zones without applying for permission and refuses to leave after having been notified to do so shall be punished with imprisonment for not more than six months, detention, and/or a fine of not more than 5,000 yuan.
A person who without reason violates paragraph 3 of Article 5 concerning prohibited or restricted construction and refuses to comply with instructions to cease construction shall be punished with imprisonment for not more than six months, detention, and/or a fine of not more than 5,000 yuan.
Article 8
Except for military personnel in active military service, no civilian shall be subjected to military trial.
All military personnel in active military service who have committed a criminal offense shall be prosecuted and tried by military judicial authorities unless the criminal offense committed is not provided for under the Criminal Code of the Armed Forces or other special enactments thereof but is provided for under Article 61 of the Criminal Code.
Article 9
Criminal cases regarding civilians who, having been tried or being tried by military courts in areas in which the Chieh-yen2 (Emergency) Decree had been in effect, shall be dealt with according to the following provisions after the termination of the Chieh-yen (Emergency) Decree:
(1) Where military trial proceedings have not been completed, cases undergoing investigation shall be transferred to competent (civilian) public prosecutor for investigation; cases pending trial shall be transferred to a competent (civilian) court for trial.
(2) Where criminal judgments have become final, appeal or interlocutory appeal to a competent (civilian) court shall not be allowed; however, where grounds for retrial or extraordinary appeal exist, applications for retrial or extraordinary appeal may be made pursuant to the law.
(3) Where final criminal judgments have not yet been executed, or are being executed, they shall be transferred to a competent (civilian) public prosecutor for execution under his direction.
Article 10
The enforcement regulations of the present law and the date of its coming into force shall be made and determined respectively by the Executive Yuan.
Translator’s notes:
1. The term “Taiwan Region” refers to Taiwan, the Pescadores, Kinmen (Quemoy), Matsu and other territories currently under the effective control of the Republic of China government.
2. The term “Chieh-yen” is generally but inadequately translated as “martial law”. Under the Republic of China’s legal system, which is continental-European in origin, the Chieh-yen Law and the Chieh-yen Decree are two different matters. The former does not apply unless and until activated by the president’s issuance of the latter. When the Chieh-yen Decree is lifted, the Chieh-yen Law remains on the books but becomes inoperative.
When the National Security Law During the Period of National Mobilization for Suppression of the Communist Rebellion
(dongyuan kanluan shiqi guojia anquanfa 動員戡亂時期國家安全法) was promulgated on July 1, 1987, martial law was still
in force in Taiwan. The name of the law was changed to National Security Act (guojia anquanfa 國家安全法) by ROC President Lee
Teng-hui on July 29, 1992. Its legislative history is as follows:
Enacted and Promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 2360 on July 1, 1987.
Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 3667 on July 29, 1992.
Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 8500027120 on Feb. 5, 1996.
Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 10000259741 on Nov. 23, 2011.
Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 10200156111 on Aug. 21, 2013.
Amended on July 3, 2009.
Amended on June 8, 2022.
The source for the English text is the Republic of China Yearbook 1989, p. 724-725.
Adopted by the National Unification Council at its third meeting on February 23, 1991, and by the Executive Yuan Council
at its 2223rd meeting on March 14, 1991.
I. Foreword
The unification of China is meant to bring about a strong and
prosperous nation with a long-lasting, bright future for its people; it is the
common wish of Chinese people at home and abroad. After an appropriate period
of forthright exchange, cooperation and consultation conducted under the
principles of reason, peace, parity, and reciprocity, the two sides of the
Taiwan Straits should foster a consensus of democracy, freedom, and equal
prosperity and together build anew a unified China. Based on this
understanding, these Guidelines have been specially formulated with the express
hope that all Chinese throughout the world will work with one mind toward their
fulfillment.
II. Goal
To establish a democratic, free and equitably prosperous China.
III. Principles
Both the mainland and Taiwan areas are parts of Chinese territory.
Helping to bring about national unification should be the common responsibility
of all Chinese people. The unification of China should be for the welfare of
all its people and not be subject to partisan conflict. China's unification should aim at promoting Chinese culture, safeguarding human dignity,
guaranteeing fundamental human rights, and practicing democracy and the rule of
law. The timing and manner of China's unification should first respect the
rights and interests of the people in the Taiwan area, and protect their
security and welfare. It should be achieved in gradual phases under the
principles of reason, peace, parity, and reciprocity.
IV. Process
1. Short term, a phase of
exchanges and reciprocity.
(1) To enhance understanding through
exchanges between the two sides of the Strait and eliminate hostility through
reciprocity; and to establish a mutually benign relationship by not endangering
each other's security and stability while in the midst of exchanges and not
denying the other's existence as a political entity while in the midst of
effecting reciprocity.
(2) To set up an order for exchanges
across the Strait, to draw up regulations for such exchanges, and to establish
intermediary organizations so as to protect people's rights and interests on
both sides of the Strait; to gradually ease various restrictions and expand
people-to-people contacts so as to promote the social prosperity of both sides.
(3) In order to improve the people's
welfare on both sides of the Strait with the ultimate objective of unifying the
nation, in the mainland area economic reform should be carried out
forthrightly, the expression of public opinion there should be gradually
allowed, and both democracy and the rule of law should be implemented while in
the Taiwan area efforts should be made to accelerate constitutional reform and
promote national development to establish a society of equitable prosperity.
(4) The two sides of the Strait should
end the state of hostility and, under the principle of one China solve all
disputes through peaceful means, and furthermore respect, not reject, each
other in the international community, so as to move toward a phase of mutual
trust and cooperation.
2. Medium term, a phase of mutual
trust and cooperation.
(1) Both sides of the Strait should
establish official communication channels on equal footing.
(2) Direct postal, transport and
commercial links should be allowed and both sides should jointly develop the
southeastern coastal area of the Chinese mainland and then gradually extend
this development to other areas of the mainland in order to narrow the gap in
living standards between the two sides.
(3) Both sides of the Strait should
work together and assist each other in taking part in international
organizations and activities.
(4) Mutual visits by high-ranking
officials on both sides should be promoted to create favorable conditions for
consultation and unification.
3. Long term, a phase of
consultation and unification
A consultative organization for unification should be established
through which both sides, in accordance with the will of the people in both the
mainland and Taiwan areas, and while adhering to the goals of democracy,
economic freedom, social justice and nationalization of the armed forces,
jointly discuss the grand task of unification and map out a constitutional
system to establish a democratic, free, and equitably prosperous China.
It is the sacred right of each and every sovereign State and a fundamental principle of international law to safeguard national unity and territorial integrity. The Charter of the United Nations specifically stipulates that the United Nations and its Members shall refrain from any action against the territorial integrity or political independence of any of its Members or any State and shall not intervene in matters which are essentially within the domestic jurisdiction of any State. The United Nations Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations points out that any attempt aimed at the partial or total disruption of the national unity, territorial integrity or political independence of a State or country is incompatible with the purposes and principles of the Charter of the United Nations.
The modern history of China was a record of subjection to aggression, dismemberment and humiliation by foreign powers. It was also a chronicle of the Chinese people's valiant struggles for national independence and in defense of their state sovereignty, territorial integrity and national dignity. The origin and evolution of the Taiwan question are closely linked with that period of history. For various reasons Taiwan is still separated from the mainland. Unless and until this state of affairs is brought to an end, the trauma on the Chinese nation will not be healed and the Chinese people's struggle for national reunification and territorial integrity will continue.
What is the present state of the Taiwan question? What is the crux of the problem? What are the position and views of the Chinese Government regarding the settlement of this issue? In order to facilitate a better understanding by the international community, it is necessary to elucidate the following points.
I. Taiwan -- an Inalienable Part of China
Lying off the southeastern coast of the China mainland, Taiwan is China's largest island and forms an integral whole with the mainland.
Taiwan has belonged to China since ancient times. It was known as Yizhou or Liuqiu in antiquities. Many historical records and annals documented the development of Taiwan by the Chinese people in earlier periods. References to this effect were to be found, among others, in Seaboard Geographic Gazetteer compiled more than 1,700 years ago by Shen Ying of the State of Wu during the period of the Three Kingdoms. This was the world's earliest written account of Taiwan. Several expeditions, each numbering over ten thousand men, had been sent to Taiwan by the State of Wu (third century A.D.) and the Sui Dynasty (seventh century A.D.) respectively. Since early seventeenth century the Chinese people began to step up the development of Taiwan. Their numbers topped one hundred thousand at the end of the century. By 1893 (19th year of the reign of Qing Emperor Guangxu) their population exceeded 2.54 million people in 507,000 or more households. That was a 25-fold increase in 200 years. They brought in a more advanced mode of production and settled the whole length and breadth of Taiwan. Thanks to the determined efforts and hard toil of the pioneers, the development of the island as a whole greatly accelerated. This was the historical fact of how Taiwan, like the other parts of China, came to be opened up and settled by the Chinese people of various nationalities. From the very beginning the Taiwan society derived from the source of the Chinese cultural tradition. This basic fact had not changed even during the half century of Japanese occupation. The history of Taiwan's development is imbued with the blood, sweat, and ingenuity of the Chinese people including the local ethnic minorities.
Chinese governments of different periods set up administrative bodies to exercise jurisdiction over Taiwan. As early as in the mid-12th century the Song Dynasty set up a garrison in Penghu, putting the territory under the jurisdiction of Jinjiang County of Fujian's Quanzhou Prefecture. The Yuan Dynasty installed an agency of patrol and inspection in Penghu to administer the territory. During the mid- and late 16th century the Ming Dynasty reinstated the once abolished agency and sent reinforcements to Penghu in order to ward off foreign invaders. In 1662 (first year of the reign of Qing Emperor Kangxi) General Zheng Chenggong (known in the West as Koxinga) instituted Chengtian Prefecture on Taiwan. Subsequently, the Qing government expanded the administrative structure in Taiwan, thereby strengthening its rule over the territory. In 1684 (23rd year of the reign of Emperor Kangxi) a Taiwan-Xiamen Patrol Command and a Taiwan Prefecture Administration were set up under the jurisdiction of Fujian Province. These in turn exercised jurisdiction over three counties on the island: Taiwan (present-day Tainan), Fengshan (present-day Gaoxiong) and Zhuluo (present-day Jiayi). In 1714 (53rd year of the reign of Emperor Kangxi) the Qing government ordered the mapping of Taiwan to determine its size. In 1721 (60th year of the reign of Emperor Kangxi) an office of imperial supervisor of inspecting Taiwan was created and the Taiwan-Xiamen Patrol Command was renamed Prefecture Administration of Taiwan and Xiamen, incorporating the subsequently-created Zhanghua County and Danshui Canton. In 1727 (5th year of the reign of Emperor Yongzheng) the administration on the island was reconstituted as the Prefecture Administration of Taiwan (which was later renamed Prefecture Command for Patrol of Taiwan) and incorporated the new Penghu Canton. The territory then became officially known as Taiwan. In order to upgrade the administration of Taiwan, the Qing government created Taibei Prefecture, Jilong Canton and three counties of Danshui, Xinzhu and Yilan in 1875 (1st year of the reign of Emperor Guangxu). In 1885 (11th year of the reign of Emperor Guangxu), the government formally made Taiwan a full province covering three prefectures and one subprefecture and incorporating 11 counties and 5 cantons. Liu Mingchuan was appointed first Governor of Taiwan. During his tenure of office, railways were laid, mines opened, telegraph service installed, merchant ships built, industries started and new-style schools set up. Considerable social, economic and cultural advancement in Taiwan was achieved as a result.
After the Chinese people's victory in the war against Japanese aggression in 1945, the Chinese government reinstated its administrative authority in Taiwan Province.
Chinese on both sides of the Taiwan Straits carried out a prolonged, unremitting struggle against foreign invasion and occupation of Taiwan. Since the late 15th century Western colonialists started to grab and conquer colonies in a big way. In 1624 (4th year of the reign of Ming Emperor Tianqi) Dutch colonialists invaded and occupied the southern part of Taiwan. Two years later Spanish colonialists seized the northern part of Taiwan. In 1642 (15th year of the reign of Ming Emperor Chongzhen) the Dutch evicted the Spaniards and took over north Taiwan. The Chinese people on both sides of the Straits waged various forms of struggle including armed insurrections against the invasion and occupation of Taiwan by foreign colonialists. In 1661 (18th year of the reign of Qing Emperor Shunzhi) General Zheng Chenggong (Koxinga) led an expedition to Taiwan and expelled the Dutch colonialists from the island in the following year.
Japan launched a war of aggression against China in 1894 (20th year of the reign of Qing Emperor Guangxu). In the ensuing year, as a result of defeat the Qing government was forced to sign the Treaty of Shimonoseki, ceding Taiwan to Japan. This wanton betrayal and humiliation shocked the whole nation and touched off a storm of protests. A thousand or more candidates from all 18 provinces including Taiwan who had assembled in Beijing for the Imperial Examination signed a strongly-worded petition opposing the ceding of Taiwan. In Taiwan itself, people wailed and bemoaned the betrayal and went on general strikes. General Liu Yongfu and others of the garrison command stood with Taiwan compatriots and put up a fierce fight against the Japanese landing forces. To support this struggle, people on the mainland, particularly in the southeastern region, showed their solidarity by generous donations or organizing volunteers to Taiwan to fight the Japanese forces. Taiwan compatriots never ceased their dauntless struggle throughout the Japanese occupation. Initially, they formed insurgent groups to wage guerrilla warfare for as long as seven years. When the Revolution of 1911 overthrew the Qing monarchy they in turn lent support to their mainland compatriots by staging more than a dozen armed insurrections. The 1920s and 1930s witnessed surging waves of mass action sweeping across the island against Japanese colonial rule.
In 1937 the Chinese people threw themselves into an all-out war of resistance against Japanese aggression. In its declaration of war against Japan, the Chinese Government proclaimed that all treaties, conventions, agreements, and contracts regarding relations between China and Japan, including the Treaty of Shimonoseki, had been abrogated. The declaration stressed that China would recover Taiwan, Penghu and the four northeastern provinces. After eight years of grueling war against Japanese aggression the Chinese people won final victory and recovered the lost territory of Taiwan in 1945. Taiwan compatriots displayed an outburst of passion and celebrated the great triumph of their return to the fold of the motherland by setting off big bangs of fireworks and performing rites to communicate the event to their ancestors.
The international community has acknowledged the fact that Taiwan belongs to China. The Chinese people's war of resistance against Japanese aggression, being part of the world-wide struggle against Fascism, received extensive support from people all over the world. During the Second World War China, the United States, the Soviet Union, Great Britain, France and others formed an alliance to oppose the Axis of Germany, Japan and Italy. The Cairo Declaration issued by China, the United States and Great Britain on 1 December 1943 stated: "It is the purpose of the three great Allies that Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of the First World War in 1914, and that all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa [Taiwan] and the Pescadores [Penghu], shall be restored to China." The Potsdam Proclamation signed by China, the United States and Great Britain on 26 July 1945 (subsequently adhered to by the Soviet Union) reiterated: "The terms of the Cairo Declaration shall be carried out." On 15 August of the same year, Japan declared surrender. The instrument of Japan's surrender stipulated that "Japan hereby accepts the provisions in the declaration issued by the heads of the Governments of the United States, China and Great Britain on July 26, 1945 at Potsdam, and subsequently adhered to by the Union of Soviet Socialist Republics." On 25 October the ceremony for accepting Japan's surrender in Taiwan Province of the China war theater of the Allied powers was held in Taibei. On the occasion the chief officer for accepting the surrender proclaimed on behalf of the Chinese government that from that day forward Taiwan and the Penghu Archipelago had again been incorporated formally into the territory of China and that the territory, people, and administration had now been placed under the sovereignty of China. From that point in time forward, Taiwan and Penghu had been put back under the jurisdiction of Chinese sovereignty.
Since the founding of the People's Republic of China, 157 countries have established diplomatic relations with China. All these countries recognize that there is only one China and that the Government of the People's Republic of China is the sole legal government of China and Taiwan is part of China.
II. Origin of the Taiwan Question
Taiwan was returned to China de jure and de facto at the end of the Second World War. It became an issue only as an aftermath of the ensuing anti-popular civil war started by Kuomintang, and more especially because of intervention by foreign forces.
Taiwan question and civil war launched by Kuomintang. During the war of resistance against Japanese aggression the Chinese Communist Party and other patriotic groups pressed Kuomintang into a national united front with the Communist Party to fight Japanese imperialist aggression. After victory of the war the two Parties should have joined hands to work for the resurgence of China. But the Kuomintang clique headed by Chiang Kaishek flouted the people's fervent aspirations for peace and for building an independent, democratic and prosperous new China. Relying on U.S. support, this clique tore up the 10 October 1945 agreement between the two Parties and launched an all-out anti-popular civil war. The Chinese people were compelled to respond with a people's liberation war which was to last more than three years under the leadership of the Communist Party. Since the Kuomintang clique had already been spurned by the people of all nationalities for its reign of terror, the government of the "Republic of China" in Nanjing was finally overthrown by the Chinese people. The People's Republic of China was proclaimed on 1 October 1949 and the Government of the new People's Republic became the sole legal government of China. A group of military and political officials of the Kuomintang clique took refuge in Taiwan and, with the support of the then U.S. administration, created the division between the two sides of the Straits.
Taiwan question and responsibility of the United States. Against the backdrop of East-West confrontation in the wake of the Second World War and guided by its conceived global strategy and national interest considerations, the U.S. government gave full support to the Kuomintang, providing it with money, weapons and advisors to carry on the civil war and block the advance of the Chinese people's revolution. However, the U.S. government never achieved its objective. The White Paper on United States Relations with China released by the Department of State in 1949 and Secretary of State Dean Acheson's letter of transmittal to President Harry S. Truman had to admit this. Dean Acheson lamented in his letter: "The unfortunate but inescapable fact is that the ominous result of the civil war in China was beyond the control of the government of the United States. ... Nothing that was left undone by this country has contributed to it. It was the product of internal Chinese forces, forces which this country tried to influence but could not."
At the time of the founding of the People's Republic of China the then U.S. administration could have pulled itself from the quagmire of China's civil war. But it failed to do so. Instead, it adopted a policy of isolation and containment of New China. When the Korean War broke out, it started armed intervention in the inter-Taiwan Straits relations which were entirely China's internal affairs. On 27 June 1950 President Truman announced: "I have ordered the Seventh Fleet to prevent any attack on Formosa." Thus the Seventh Fleet invaded the Taiwan Straits and the U.S. 13th Air Force set up base in Taiwan. In December 1954 the U.S. concluded with the Taiwan authorities a so-called mutual defense treaty placing China's Taiwan Province under U.S. "protection". The erroneous policy of the U.S. government of continued interference in China's internal affairs led to prolonged and intense confrontation in the Taiwan Straits area and henceforth the Taiwan question became a major dispute between China and the United States.
In order to ease tension in the Taiwan Straits area and seek ways of solving the dispute between the two countries, the Chinese Government started dialogues with the United States from the mid-1950s onwards. The two countries held 136 sessions of talks at ambassadorial level from August 1955 to February 1970. However, no progress had been made in that period on the key issue of easing and removing tension in the Taiwan Straits area. It was not until late 1960s and early 1970s when the international situation had undergone changes and as New China had gained in strength that the U.S. began to readjust its China policy and the relations between the two countries started a thawing. In October 1971 the United Nations General Assembly adopted at its 26th session Resolution 2758 which restored all the lawful rights of the People's Republic of China in the United Nations and expelled the "representatives" of the Taiwan authorities from the U.N. U.S. President Richard Nixon visited China in February 1972 in the course of which the two countries issued a joint communiqu'e?? in Shanghai stating that: "The U.S. side declared: the United States acknowledges that all Chinese on either side of the Taiwan Strait maintain there is but one China and that Taiwan is a part of China. The United States Government does not challenge that position."
In December 1978 the U.S. Government accepted the three principles proposed by the Chinese Government for the establishment of diplomatic relations between the two countries, namely, the United States should sever "diplomatic relations" and abrogate the "mutual defense treaty" with the Taiwan authorities and withdraw U.S. military forces from Taiwan. On 1 January 1979 China and the United States formally established diplomatic relations. The Communiqu'e on the Establishment of Diplomatic Relations said that: "The United States of America recognizes the Government of the People's Republic of China as the sole legal government of China. Within this context, the people of the United States will maintain cultural, commercial and other unofficial relations with the people of Taiwan ... ... The Government of the United States of America acknowledges the Chinese position that there is but one China and Taiwan is part of China." Normalization of Sino-U.S. relations was thus achieved.
Regrettably, however, scarcely three months after the event, a so-called Taiwan Relations Act was passed by the U.S. Congress and signed into law by the President. A domestic legislation of the U.S. as it was, this Act contained many clauses that contravened the communiqu'e? on the establishment of diplomatic relations between China and the U.S. and the principles of international law, and seriously prejudiced the rights and interests of the Chinese people. Invoking this legislation, the U.S. Government has continued its arms sales to Taiwan, interference in China's internal affairs and obstruction to Taiwan's reunification with the mainland.
In order to resolve the issue of U.S. arms sales to Taiwan, the Chinese and the U.S. governments negotiated and reached an agreement on 17 August 1982. A communique? bearing the same date became the third joint communique? governing Sino-U.S. relations. In that communique? the U.S. Government stated that: "It does not seek to carry out a long-term policy of arms sales to Taiwan, that its arms sales to Taiwan will not exceed, either in qualitative or in quantitative terms, the level of those supplied in recent years since the establishment of diplomatic relations between the United States and China and that it intends gradually to reduce its sale of arms to Taiwan, leading, over a period of time, to a final resolution." Yet in the past dozen or more years the U.S. Government has not only failed to implement the communiqu'e? in earnest, but has repeatedly contravened it. In September 1992 the U.S. Government even decided to sell 150 F-16 high-performance fighter aircraft to Taiwan. This action of the U.S. Government has added a new stumbling block in the way of the development of Sino-U.S. relations and settlement of the Taiwan question.
It is clear from the foregoing that the U.S. Government is responsible for holding up the settlement of the Taiwan question. Since the 1970s many Americans of vision and goodwill in or outside the administration have contributed much by way of helping to resolve the differences between China and the U.S. on the Taiwan question. The aforesaid three joint communiqu'e?s testify to their effort and contribution of which the Chinese Government and people are highly appreciative. On the other hand, one cannot fail to note that there are people in the U.S. who still do not want to see a reunified China. They have cooked up various pretexts and exerted influence to obstruct the settlement of the Taiwan question.
The Chinese Government is convinced that the American and the Chinese peoples are friendly to each other and that the normal development of the relations between the two countries accords with the long-term interests and common aspiration of both peoples. Both countries should cherish the three hard-won joint communiqu'e?s guiding the development of bilateral relations. As long as both sides abide by the principles enshrined in those communique?s, respect each other and set store by their overall common interests, it will not be difficult to settle the Taiwan question that has been left over from history and Sino-U.S. relations will surely see steady improvement and development ahead.
III. The Chinese Government's Basic Position Regarding Settlement of the Taiwan Question
To settle the Taiwan question and achieve national reunification -- this is a sacrosanct mission of the entire Chinese people. The Chinese Government has persistently worked towards this end since the founding of the People's Republic. Its basic position on this question is: peaceful reunification; one country, two systems.
Peaceful reunification; one country, two systems -- how has this position been formulated? The Chinese Government conceived a peaceful settlement of the Taiwan question as early as in the 1950s. In May 1955 the late Premier Zhou Enlai said at a NPC Standing Committee meeting that two alternatives were open to the Chinese people for the solution of the Taiwan question -- by resort to war or by peaceful means. The Chinese people would strive for a peaceful solution wherever possible, he affirmed. In April 1956 the late Chairman Mao Zedong put forward thoughts for policymaking such as "peace is the best option", "all patriots are of one family" and "it is never too late to join the ranks of patriots". However, those wishes have not come to fruition for reasons such as interference by foreign forces.
Major changes took place in and outside China in the 1970s. Diplomatic ties were established and relations normalized between China and the United States. The Third Plenary Session of the Eleventh Central Committee of the Communist Party of China decided to shift the focus of the work of the Party and the State to the economic modernization programme. In the meantime, people on both sides of the Taiwan Straits, compatriots of Hong Kong and Macao as well as overseas Chinese and people of Chinese descent all expressed their fervent hope that the two sides of the Straits would join hands to work for a resurgence of China. It was against this historical background that the Chinese Government formulated the position of "peaceful reunification; one country, two systems". The position takes the overall national interests and the future of the country into consideration. It respects history as well as the prevailing situation. It is realistic and takes care of the interests of all.
On 1 January 1979 the Standing Committee of the National People's Congress of the People's Republic of China issued a message to compatriots in Taiwan, pronouncing the Chinese Government's basic position regarding peaceful settlement of the Taiwan question. It called for the holding of talks between the two sides of the Straits to seek an end to the military confrontation. It pledged that in the pursuit of national reunification, the Government "will respect the status quo on Taiwan and the views of people of all walks of life there and adopt reasonable policies and measures".
In a statement on 30 September 1981 the late Chairman Ye Jianying of the NPC Standing Committee further elaborated the policy and principles for the settlement of the Taiwan question. He affirmed that "after the country is reunified, Taiwan can enjoy a high degree of autonomy as a special administrative region" and proposed that talks be held on an equal footing between the ruling Parties on each side of the Straits, namely, the Chinese Communist Party and the Kuomintang.
Referring to Ye Jianying's remarks, Chinese leader Deng Xiaoping pointed out on 11 January 1982 that this in effect meant "one country, two systems", i.e., on the premise of national reunification, the main body of the nation would continue with its socialist system while Taiwan could maintain capitalism.
On 26 June 1983 Deng Xiaoping further enunciated the concept of peaceful reunification, stressing that the crucial point was national reunification. He went on to expound the Government's policy on reunification and on the creation of a Taiwan special administrative region.
On 12 October 1992 General Secretary Jiang Zemin of the CPC Central Committee pointed out: "We shall work steadfastly for the great cause, adhering to the principles of peaceful reunification and 'one country, two systems' ... ... We reiterate that the Chinese Communist Party is ready to establish contact with the Chinese Kuomintang at the earliest possible date to create conditions for talks on officially ending the state of hostility between the two sides of the Taiwan Straits and gradually realizing peaceful reunification. Representatives from other parties, mass organizations and all circles on both sides of the Taiwan Straits could be invited to join in such talks."
Basic Contents of "peaceful reunification; one country, two systems". This position is an important component of the theory and practice of building socialism with Chinese characteristics and a fundamental state policy of the Chinese Government which will not change for a long time to come. Its basic contents are as follows:
1. Only one China. There is only one China in the world, Taiwan is an inalienable part of China and the seat of China's central government is in Beijing. This is a universally recognized fact as well as the premise for a peaceful settlement of the Taiwan question.
The Chinese Government is firmly against any words or deeds designed to split China's sovereignty and territorial integrity. It opposes "two Chinas", "one China, one Taiwan", "one country, two governments" or any attempt or act that could lead to "independence of Taiwan". The Chinese people on both sides of the Straits all believe that there is only one China and espouse national reunification. Taiwan's status as an inalienable part of China has been determined and cannot be changed. "Self- determination" for Taiwan is out of the question.
2. Coexistence of two systems. On the premise of one China, socialism on the mainland and capitalism on Taiwan can coexist and develop side by side for a long time without one swallowing up the other. This concept has largely taken account of the actual situation in Taiwan and practical interests of our compatriots there. It will be a unique feature and important innovation in the state system of a reunified China.
After reunification, Taiwan's current socio-economic system, its way of life as well as economic and cultural ties with foreign countries can remain unchanged. Private property, including houses and land, as well as business ownership, legal inheritance and overseas Chinese and foreign investments on the island will all be protected by law.
3. A high degree of autonomy. After reunification, Taiwan will become a special administrative region. It will be distinguished from the other provinces or regions of China by its high degree of autonomy. It will have its own administrative and legislative powers, an independent judiciary and the right of adjudication on the island. It will run its own party, political, military, economic and financial affairs. It may conclude commercial and cultural agreements with foreign countries and enjoy certain rights in foreign affairs. It may keep its military forces and the mainland will not dispatch troops or administrative personnel to the island. On the other hand, representatives of the government of the special administrative region and those from different circles of Taiwan may be appointed to senior posts in the central government and participate in the running of national affairs.
4. Peace negotiations. It is the common aspiration of the entire Chinese people to achieve reunification of the country by peaceful means through contacts and negotiations. People on both sides of the Straits are all Chinese. It would be a great tragedy for all if China's territorial integrity and sovereignty were to be split and its people were to be drawn into a fratricide. Peaceful reunification will greatly enhance the cohesion of the Chinese nation. It will facilitate Taiwan's socio-economic stability and development and promote the resurgence and prosperity of China as a whole.
In order to put an end to hostility and achieve peaceful reunification, the two sides should enter into contacts and negotiations at the earliest possible date. On the premise of one China, both sides can discuss any subject, including the modality of negotiations, the question of what Parties, groups and personalities may participate as well as any other matters of concern to the Taiwan side. So long as the two sides sit down and talk, they will always be able to find a mutually acceptable solution.
Taking into account the prevailing situation on both sides of the Straits, the Chinese Government has proposed that pending reunification the two sides should, according to the principle of mutual respect, complementarity and mutual benefit, actively promote economic cooperation and other exchanges. Direct trade, postal, air and shipping services and two-way visits should be started in order to pave the way for the peaceful reunification of the country.
Peaceful reunification is a set policy of the Chinese Government. However, any sovereign state is entitled to use any means it deems necessary, including military ones, to uphold its sovereignty and territorial integrity. The Chinese Government is under no obligation to undertake any commitment to any foreign power or people intending to split China as to what means it might use to handle its own domestic affairs.
It should be pointed out that the Taiwan question is purely an internal affair of China and bears no analogy to the cases of Germany and Korea which were brought about as a result of international accords at the end of the Second World War. Therefore, the Taiwan question should not be placed on a par with the situation of Germany or Korea. The Chinese Government has always opposed applying the German or Korean formulas to Taiwan. The Taiwan question should and entirely can be resolved judiciously through bilateral consultations and within the framework of one China.
IV. Relations Across Taiwan Straits: Evolution and Stumbling Blocks
The present division between the two sides of the Taiwan Straits is a misfortune for the Chinese nation. All the Chinese people are yearning for an early end to this agonizing situation.
In order to enable normal movement of people across the Straits and to achieve reunification of the country, the Chinese Government has made proposals towards this end and, at the same time, adopted measures to step up the development of inter-Straits relations.
On the political plane, policy adjustments have been made with a view to breaking down the mentality of hostility. The Supreme People's Court and the Supreme People's Procuratorate have decided respectively that people who had gone to Taiwan would no longer be prosecuted for offenses prior to the founding of the People's Republic of China.
On the military plane, initiatives have been taken to ease military confrontation across the Straits. Shelling of Jinmen and other islands have been discontinued. Some forward defense positions and observation posts along the Fujian coast have been transformed into economic development zones or tourist attractions.
On the economic plane, doors have been flung open to facilitate the flow of goods and people. Businessmen from Taiwan are welcome to invest or trade on the mainland. They are accorded preferential treatment and legal safeguards.
The Chinese Government has also adopted a positive attitude and taken measures to encourage bilateral exchanges and cooperation in areas such as two-way travels, post and communications as well as scientific, cultural, sports, academic and journalistic activities. A non-governmental Association for Relations Across the Taiwan Straits has been set up and authorized by the Government to liaise with the Straits Exchange Foundation and other relevant non-governmental bodies in Taiwan for the purpose of upholding the legitimate rights and interests of people on both sides and promoting inter-Straits relations.
Such policies and measures of the Chinese Government have won the understanding and support of more and more Taiwan compatriots, compatriots in Hong Kong and Macao as well as overseas Chinese and people of Chinese descent. On their part, Taiwan compatriots have contributed tremendously to the development of inter-Straits relations. In recent years the Taiwan authorities have in turn made readjustments in their policy regarding the mainland. They have taken steps to ease the situation, such as allowing people to visit relatives on the mainland, gradually reducing the restrictions on people-to-people exchanges and contact, expanding indirect trade, permitting indirect investment and cutting red tape in inter-Straits post, telecommunications and bank remittance services. All these are conducive to better interchanges. The past few years have witnessed rapid growth of economic relations and trade as well as increasing mutual visits and sundry exchanges across the Straits. The Wang Daohan--Koo Chen-fu Talks in April 1993 resulted in four agreements, marking a step forward of historic significance in inter-Straits relations. Thus an atmosphere of relaxation prevails in the Taiwan Straits for the first time in the past four decades. This is auspicious to peaceful reunification.
It should be pointed out that notwithstanding a certain measure of easing up by the Taiwan authorities, their current policy vis-a-vis the mainland still seriously impedes the development of relations across the Straits as well as the reunification of the country. They talk about the necessity of a reunified China, but their deeds are always a far cry from the principle of one China. They try to prolong Taiwan's separation from the mainland and refuse to hold talks on peaceful reunification. They have even set up barriers to curb the further development of the interchanges across the Straits.
In recent years the clamours for "Taiwan independence" on the island have become shriller, casting a shadow over the course of relations across the Straits and the prospect of peaceful reunification of the country. The "Taiwan independence" fallacy has a complex social-historical root and international background. But the Taiwan authorities have, in effect, abetted this fallacy by its own policy of rejecting peace negotiations, restricting interchanges across the Straits and lobbying for "dual recognition" or "two Chinas" in the international arena. It should be affirmed that the desire of Taiwan compatriots to run the affairs of the island as masters of their own house is reasonable and justified. This should by no means be construed as advocating "Taiwan independence". They are radically distinct from those handful of "Taiwan independence" protagonists who trumpet "independence" but vilely rely on foreign patronage in a vain attempt to detach Taiwan from China, which runs against the fundamental interests of the entire Chinese people including Taiwan compatriots. The Chinese Government is closely following the course of events and will never condone any manoeuvre for "Taiwan independence".
Certain foreign forces who do not want to see a reunified China have gone out of their way to meddle in China's internal affairs. They support the anti-Communist stance of the Taiwan authorities of rejecting peace talks and abet the secessionists on the island, thereby erecting barriers to China's peaceful reunification and seriously wounding the national feelings of the Chinese people.
The Chinese Government is convinced that Taiwan compatriots want national reunification and that this is also true with most of the political forces in or out of office in Taiwan. The people on both sides of the Straits will overcome all the barriers and stumbling blocks by their joint efforts and ensure a better development of relations across the Straits.
V. Several Questions Involving Taiwan in International Relations
As has been elucidated in the foregoing, there is only one China in the world, of which Taiwan is an inalienable part. The Government of the People's Republic of China has been recognized by the United Nations and throughout the world as the sole legal government representing the entire Chinese people. In the interest of safeguarding state sovereignty and realizing national reunification the Chinese Government has always stood firm on the principle of one China and ensured the interests of Taiwan compatriots in international relations involving Taiwan. The Chinese Government has no doubt that its position will be respected by all other governments and people.
The Chinese Government deems it necessary to reiterate its position and policy on the following matters.
(1) Relations between Taiwan and countries maintaining diplomatic ties with China
All countries maintaining diplomatic relations with China have, in conformity with international law and the principle of one China, undertaken in formal agreement or understanding with the Chinese Government not to establish any ties of an official nature with Taiwan. According to international law, a sovereign state can only be represented by a single central government. As a part of China, Taiwan has no right to represent China in the international community, nor can it establish diplomatic ties or enter into relations of an official nature with foreign countries. Nevertheless, considering the needs of Taiwan's economic development and the practical interests of Taiwan compatriots, the Chinese Government has not objected to non-governmental economic or cultural exchanges between Taiwan and foreign countries.
In recent years the Taiwan authorities have vigorously launched a campaign of "pragmatic diplomacy" to cultivate official ties with countries having diplomatic relations with China in an attempt to push "dual recognition" and achieve the objective of creating a situation of "two Chinas" or "one China, one Taiwan". The Chinese Government is firmly against this scheme.
It is noted that the overwhelming majority of the countries of the world cherish friendly relations with China and abide by their agreement or understanding with China on the issue of Taiwan. The Chinese Government appreciates this. On the other hand, it should be pointed out that, in disregard of their international credibility, certain countries have breached the undertaking made at the time of the establishment of diplomatic ties with the People's Republic of China by evolving official relations with Taiwan, thereby putting a spoke in the wheel of China's reunification. The Chinese Government sincerely hopes that the governments in question will take measures to rectify the situation.
(2) Relations between international organizations and Taiwan
The sovereignty of each State is an integral whole which is indivisible and unsharable. The Government of the People's Republic of China, as the sole legal government of China, has the right and obligation to exercise state sovereignty and represent the whole of China in international organizations. The Taiwan authorities' lobbying for a formula of "one country, two seats" in international organizations whose membership is confined to sovereign states is a manoeuvre to create "two Chinas". The Chinese Government is firmly opposed to such an attempt. Its principled position fully conforms to the fundamental interests of the entire Chinese people including Taiwan compatriots and overseas Chinese. Only on the premise of adhering to the principle of one China and in the light of the nature and statutes of the international organizations concerned as well as the specific circumstances, can the Chinese Government consider the question of Taiwan's participation in the activities of such organizations and in a manner agreeable and acceptable to the Chinese Government.
All the specialized agencies and organizations of the United Nations system are inter-governmental organizations composed of sovereign states. After the restoration of the lawful rights of the People's Republic of China in the United Nations, all the specialized agencies and organizations of the U.N. system have formally adopted resolutions restoring to the People's Republic of China its lawful seat and expelling the "representatives" of the Taiwan authorities. Since then the issue of China's representation in the U.N. system has been resolved once and for all and Taiwan's re-entry is out of the question. However, it should be pointed out that recently some elements of the Taiwan authorities have been clamouring for "returning to the United Nations". Apparently, this is an attempt to split state sovereignty, which is devoid of any legal or practical basis. The Chinese Government is convinced that all governments and organizations of the U.N. system will be alert to this scheme and refrain from doing anything prejudicial to China's sovereignty.
In principle, Taiwan is also ineligible for membership in other categories of inter-governmental organizations. As to regional economic organizations such as the Asian Development Bank (ADB) and the Asia-Pacific Economic Cooperation (APEC), Taiwan's participation is subject to the terms of agreement or understanding reached between the Chinese Government and the parties concerned which explicitly prescribe that the People's Republic of China is a full member as a sovereign state whereas Taiwan may participate in the activities of those organizations only as a region of China under the designation of Taipei, China (in ADB) or Chinese Taipei (in APEC). This is only an ad hoc arrangement and cannot constitute a "model" applicable to other inter-governmental organizations or international gatherings.
As regards participation in non-governmental international organizations, the relevant bodies of the People's Republic of China may reach an agreement or understanding with the parties concerned so that China's national organizations would use the designation of China, while Taiwan's organizations may participate under the designation of Taipei, China or Taiwan, China.
(3) Aviation services between Taiwan and countries having diplomatic relations with China
Airspace is an inalienable part of a country's territory. The 1919 Paris Aviation Convention and the 1944 Chicago Convention affirm the principle of complete and exclusive sovereignty of each country over its airspace. Therefore, the opening of aviation services with Taiwan by any airlines, including privately-operated ones, of countries having diplomatic relations with China is a political issue affecting China's sovereignty and cannot be regarded as a non-political transaction. State-run airlines of countries having diplomatic relations with China certainly must not operate air services to Taiwan. Privately-operated airlines must seek China's consent through consultations between their government and the Chinese Government before they can start reciprocal air services with privately-operated airlines of Taiwan. As a matter of fact, according to the afore-said principle the Chinese Government has consented to such services between privately-operated airlines of Britain, Germany, Canada, etc. and their counterparts in Taiwan.
As for countries which already had aviation services with Taiwan before the establishment of diplomatic relations with the People's Republic of China, they can negotiate with the Chinese Government to change the official nature of such services so as to be able to continue the operations as privately-run commercial transportation undertakings.
(4) Arms sales to Taiwan by countries having diplomatic relations with China
The Chinese Government has always firmly opposed any country selling any type of arms or transferring production technology of the same to Taiwan. All countries maintaining diplomatic relations with China should abide by the principles of mutual respect for sovereignty and territorial integrity and non-interference in each other's internal affairs, and refrain from providing arms to Taiwan in any form or under any pretext. Failure to do so would be a breach of the norms of international relations and an interference in China's internal affairs.
All countries, and especially big powers shouldering major responsibilities for world peace, are obligated to strictly abide by the guidelines laid down by the five permanent members of the U.N. Security Council to restrict the proliferation of conventional weapons so as to contribute to maintaining and promoting regional peace and security. However, at a time when relations across the Taiwan Straits are easing up, certain powers have seen fit to renege on their undertakings under international agreements and to flout the Chinese Government's repeated strong representations by making arms sales to Taiwan, thereby whipping up tension between the two sides of the Straits. This not only constitutes a serious threat to China's security and an obstacle to China's peaceful reunification, but also undermines peace and stability in Asia and the world at large. It stands to reason that the Chinese people should voice strong resentment against this conduct.
In international affairs the Chinese Government always pursues an independent foreign policy of peace and adheres to the Five Principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit and peaceful Co-existence. It actively seeks to develop friendly relations with all countries of the world and will never undermine any country's interests nor interfere in its internal affairs. By the same token it expects all other governments to refrain from undermining China's interests or interfering in China's internal affairs and to correctly handle their relations with Taiwan.
Conclusion
Reunification of the country embodies the fundamental interest of the Chinese nation.
After national reunification the two sides of the Taiwan Straits can pool their resources and make common cause in economic development and work towards China's resurgence. Numerous problems that have been besetting Taiwan would be judiciously resolved within the framework of one China. Taiwan compatriots will share the pride and glory of a great nation with their kith and kin from the other parts of the motherland.
Taiwan question has long been a destabilizing factor in the Asia-Pacific region. Reunification of China will not only bolster the stability and development of the country itself, but also contribute to the further enhancement of the friendly relations and cooperation between China and other countries as well as to peace and development in the Asia-Pacific region and the world as a whole.
The Chinese Government is confident that it can count on the understanding and support of governments and people of all countries in the pursuit of its just cause of safeguarding its state sovereignty and territorial integrity.
This white paper was issued on Aug. 31, 1993 and was the first of altogether three white papers the PRC issued
on Taiwan so far. The second white paper on the topic was issued on Feb. 21, 2000,
the third on Aug. 10, 2022.
See also the URLs leading to the sources of this white paper in English and Chinese.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
On June 30, 1998, during his nine-day state visit to the PRC, US President Bill Clinton made a statement
on his new Taiwan position at the Shanghai Library (上海圖書館):
[...] I had a chance to reiterate our Taiwan policy, which is that we don't support independence for Taiwan,
or two Chinas, or one Taiwan—one China. And we don't believe that Taiwan should be a member of any organization
for which statehood is a requirement. [...]
Whereas at no time since the
establishment of the People's Republic of China on October 1, 1949, has Taiwan
been under the control of the People's Republic of China;
Whereas the United States began its long, peaceful, friendly relationship with Taiwan in 1949;
Whereas since the enactment of
the Taiwan Relations Act in 1979, the policy of the United States has been
based on the expectation that the future relationship between the People's
Republic of China and Taiwan would be determined by peaceful means;
Whereas in March 1996, the
People's Republic of China held provocative military maneuvers, including missile
launch exercises in the Taiwan Strait, in an attempt to intimidate the people
of Taiwan during their historic, free and democratic presidential election;
Whereas officials of the People's
Republic of China refuse to renounce the use of force against democratic Taiwan;
Whereas Taiwan has achieved significant political and economic strength as one of the world's
premier democracies and as the nineteenth largest economy in the world;
Whereas Taiwan is the seventh
largest trading partner of the United States and imports more than twice as
much annually from the United States as does the People's Republic of China;
and
Whereas no treaties exist between
the People's Republic of China and Taiwan that determine the future status of Taiwan: Now therefore, be it
Resolved by the Senate
(the House of Representatives concurring), That Congress—
(1) affirms its
longstanding commitment to Taiwan and the people of Taiwan in accordance with
the Taiwan Relations Act (Public Law 96-8);
(2) affirms its
expectation, consistent with the Taiwan Relations Act, that the future of
Taiwan will be determined by peaceful means, and considers any effort to
determine the future of Taiwan by other than peaceful means a threat to the
peace and security of the Western Pacific and of grave concern to the United
States;
(3) affirms its
commitment, consistent with the Taiwan Relations Act, to make available to
Taiwan such defense articles and defense services in such quantities as may be
necessary to enable Taiwan to maintain a sufficient self-defense capability;
(4) affirms its
commitment, consistent with the Taiwan Relations Act, that only the President
and Congress shall determine the nature and quantity of defense articles and
services for Taiwan based solely upon their judgment of the needs of Taiwan;
and
(5) urges the President of
the United States to seek a public renunciation by the People's Republic of China of any use of force, or threat to use force, against democratic Taiwan.
The title was amended so as to read: 'Affirming
U.S. Commitments Under the Taiwan Relations Act'.
[July 10, 1998]
🛑 EDITOR'S NOTE ===============
Additional information concerning the US Senate Resolution 107 can be found on relevant page of the US Congress;
please click here.
The title of this document can be translated to Chinese as follows: Meiguo canyiyuan yilingqi hao gongtong jueyi'an
美國參議院 107 號共同決議案.
Whereas at no time since the establishment of the
People's Republic of China on October 1, 1949, has Taiwan been under the
control of the People's Republic of China;
Whereas the United States began its long, peaceful,
friendly relationship with Taiwan in 1949;
Whereas since the enactment of the Taiwan Relations Act
in 1979, the policy of the United States has been based on the expectation that
the further relationship between the People's Republic of China and Taiwan would be determined by peaceful means;
Whereas in March 1996, the People's Republic of China
held provocative military maneuvers including missile launch exercises in the
Taiwan Strait, in an attempt to intimidate the people of Taiwan during their
historic, free, and democratic Presidential election;
Whereas officials of the People's Republic of China refuse to renounce the use of force against democratic Taiwan;
Whereas Taiwan has achieved significant political and
economic strength as one of the world's premier democracies and as the 19th
largest economy in the world;
Whereas Taiwan is the 7th largest trading partner of the United States;
Whereas no agreements exist between the People's Republic
of China and Taiwan that determine the future status of Taiwan; and
Whereas the House of Representatives passed a resolution
by a vote of 411-0 in June 1998 urging the President to seek, during his recent
summit meeting in Beijing, a public renunciation by the People's Republic of
China of any use of force, or threat of use of force, against democratic
Taiwan: Now, therefore, be it
Resolved by the House of Representatives (the
Senate concurring),
That Congress—
(1) affirms its longstanding commitment to Taiwan and the people of Taiwan in accordance with the Taiwan Relations Act (Public Law
96-8);
(2) affirms its expectation, consistent with
the Taiwan Relations Act, that the future status of Taiwan will be determined
by peaceful means, and that the people of both sides of the Taiwan Strait
should determine their own future, and considers any effort to determine or
influence the future status of Taiwan by other than peaceful means a threat to
the peace and security of the Western Pacific region and of grave concern to
the United States;
(3) affirms its commitment, consistent with
the Taiwan Relations Act, to make available to Taiwan such defense articles and
defense services, including appropriate ballistic missile defenses, in such
quantities as may be necessary to enable Taiwan to maintain a sufficient
self-defense capability;
(4) affirms its commitment, consistent with
the Taiwan Relations Act, that only the President and Congress shall determine
the nature and quantity of defense articles and services for Taiwan based
solely upon their judgment of the defensive needs of Taiwan;
(5) urges the President, once again, to seek
a public renunciation by the People's Republic of China of any use of force, or
threat of use of force, against the free people of Taiwan; and
(6) affirms its strong support, in accordance
with the spirit of the Taiwan Relations Act, of appropriate membership for Taiwan in international financial institutions and other international organizations.
[July 20, 1998]
🛑 EDITOR'S NOTE ===============
Additional information concerning the US Senate Resolution 107 can be found on relevant page of the US Congress;
please click here.
The title of this document can be translated to Chinese as follows: Meiguo zhongyiyuan sanlingyi hao gongtong jueyi'an
美國眾議院 301 號共同決議案.
On July 9, 1999, ROC president Lee Teng-hui made a statement on the relations between
the ROC and the PRC during an interview with journalists of German broadcasting station Deutsche Welle:
[...] The 1991 constitutional amendments have designated cross-strait relations as a state-to-state relationship
or at least a special state-to-state relationship, rather than an internal relationship between a legitimate government
and a renegade group, or between a central government and a local government. Thus, the Beijing authorities' characterization
of Taiwan as a "renegade province" is historically and legally untrue. [...]
On October 1, 1949, the Chinese people won a great victory in the new democratic revolution and founded the People's Republic of China (PRC). The Kuomintang (KMT) ruling clique retreated from the mainland to entrench in China's Taiwan Province in confrontation with the Central Government with the support of foreign forces. This is the origin of the Taiwan issue. Settlement of the Taiwan issue and realization of the complete reunification of China embody the fundamental interests of the Chinese nation. The Chinese government has worked persistently toward this goal in the past 50 years. From 1979, the Chinese government has striven for the peaceful reunification of China in the form of "one country, two systems" with the greatest sincerity and the utmost effort. Economic and cultural exchanges and people-to-people contacts between the two sides of the Taiwan Straits have made rapid progress since the end of 1987. Unfortunately, from the 1990s, Lee Teng-hui, the leader of the Taiwan authorities, has progressively betrayed the One-China Principle, striving to promote a separatist policy with "two Chinas" at the core, going so far as to openly describe the cross-Straits relations as "state to state relations, or at least special state to state relations."This action has seriously damaged the basis for peaceful reunification of the two sides, harmed the fundamental interests of the entire Chinese nation including the Taiwan compatriots, and jeopardized peace and stability in the Asia-Pacific region. The Chinese government has consistently adhered to the One-China Principle and resolutely opposed any attempt to separate Taiwan from China. The struggle between the Chinese government and the separatist forces headed by Lee Teng-hui finds its concentrated expression in the question of whether to persevere in the One-China Principle or to create "two Chinas" or "One-China, one Taiwan."
In August 1993, we issued a white paper entitled "The Taiwan Question and Reunification of China," which systematically expounds the fact concerning Taiwan as an inalienable part of China, the origin of the Taiwan issue and the Chinese government's basic principles and related policies regarding resolution of the Taiwan question. We deem it necessary here to further explain to the international community the Chinese government's position and policy on the One-China Principle.
I. The Basis for One China, de Facto and de Jure
The One-China Principle has been evolved in the course of the Chinese people's just struggle to safeguard China's sovereignty and territorial integrity, and its basis, both de facto and de jure, is unshakable.
Taiwan is an inalienable part of China. All the facts and laws about Taiwan prove that Taiwan is an inalienable part of Chinese territory. In April 1895, through a war of aggression against China, Japan forced the Qing government to sign the unequal Treaty of Shimonoseki, and forcibly occupied Taiwan. In July 1937, Japan launched an all-out war of aggression against China. In December 1941, the Chinese government issued the Proclamation of China's Declaration of War Against Japan, announcing to the world that all treaties, agreements and contracts concerning Sino-Japanese relations, including the Treaty of Shimonoseki, had been abrogated, and that China would recover Taiwan. In December 1943, the Cairo Declaration was issued by the Chinese, U.S. and British governments, stipulating that Japan should return to China all the territories it had stolen from the Chinese, including Northeast China, Taiwan and the Penghu Archipelago. The Potsdam Proclamation signed by China, the United States and Britain in 1945 (later adhered to by the Soviet Union) stipulated that "The terms of the Cairo Declaration shall be carried out." In August of that year, Japan declared surrender and promised in its instrument of surrender that it would faithfully fulfill the obligations laid down in the Potsdam Proclamation. On October 25, 1945, the Chinese government recovered Taiwan and the Penghu Archipelago, resuming the exercise of sovereignty over Taiwan.
On October 1, 1949, the Central People's Government of the PRC was proclaimed, replacing the government of the Republic of China to become the only legal government of the whole of China and its sole legal representative in the international arena, thereby bringing the historical status of the Republic of China to an end. This is a replacement of the old regime by a new one in a situation where the main bodies of the same international laws have not changed and China's sovereignty and inherent territory have not changed therefrom, and so the government of the PRC naturally should fully enjoy and exercise China's sovereignty, including its sovereignty over Taiwan.
Since the KMT ruling clique retreated to Taiwan, although its regime has continued to use the designations "Republic of China" and "government of the Republic of China," it has long since completely forfeited its right to exercise state sovereignty on behalf of China and, in reality, has always remained only a local authority in Chinese territory.
The formulation of the One-China Principle and its basic meaning. On the day of its founding, the Central People's Government of the PRC declared to governments of all countries in the world, "This government is the sole legitimate government representing the entire people of the People's Republic of China. It is ready to establish diplomatic relations with all foreign governments that are willing to abide by the principles of equality, mutual benefit and mutual respect for each other's territorial integrity and sovereignty." Shortly afterwards, the Central People's Government telegraphed the United Nations, announcing that the KMT authorities had "lost all basis, both de jure and de facto, to represent the Chinese people," and therefore had no right to represent China at all. One principle governing New China's establishment of diplomatic relations with a foreign country is that it recognizes the government of the PRC as the sole legitimate government representing the whole of China, severs or refrains from establishing diplomatic relations with the Taiwan authorities.
These propositions of the Chinese government met with obstruction by the U.S. government. On January 5, 1950, the U.S. President Truman issued a statement, saying that the U.S. and other Allied countries recognized China's exercise of sovereignty over Taiwan Island in the four years since 1945. However, after the start of the Korean War in June 1950, to isolate and contain China the U.S. government not only sent troops to occupy Taiwan, but it also dished out such fallacies as "the status of Taiwan has yet to be determined" and later, step by step, lobbied for "dual recognition" among the international community in order to create "two Chinas." Naturally, the Chinese government resolutely opposed this, insisting that there is only one China in the world, Taiwan is a part of China and the government of the PRC is the sole legal government representing the whole of China. China has evolved the One-China Principle precisely in the course of the endeavor to develop normal diplomatic relations with other countries and the struggle to safeguard state sovereignty and territorial integrity. The above propositions constitute the basic meaning of the One-China Principle, the crucial point being to safeguard China's sovereignty and territorial integrity.
During the 30 or 40 years after 1949, although the Taiwan authorities did not recognize the legitimate status of the government of the PRC as the representative of the whole of China, they did insist that Taiwan is a part of China and that there is only one China, and opposed "two Chinas" and "Taiwan independence. " This shows that for a long time there has been a common understanding among the Chinese on both sides of the Taiwan Straits on the fundamental question that there is only one China and Taiwan is a part of Chinese territory. As far back as October 1958, when the People's Liberation Army (PLA) was engaged in the battle to bombard Jinmen, Chairman Mao Zedong declared to the Taiwan authorities, "There is only one China, not two, in the world. You agree with us on this point, as indicated in your leaders' proclamations." In January 1979, the Standing Committee of the National People's Congress (NPC) issued a Message to Taiwan Compatriots, pointing out that "the Taiwan authorities have always stood firm on the one China position and opposed the independence of Taiwan. This is our common stand and our basis for cooperation."
The Chinese government's solemn and reasonable stand for the One-China Principle has gained the understanding and support of more and more countries and international organizations, and the One-China Principle has been gradually accepted by the international community at large. In October 1971, the United Nations General Assembly adopted at its 26th session Resolution 2758, which expelled the representatives of the Taiwan authorities and restored the seat and all the lawful rights of the government of the PRC in the United Nations. In September 1972, China and Japan signed a Joint Statement, announcing establishment of diplomatic relations between the two countries, and that Japan recognizes the government of the PRC as the only legitimate government of China, fully understands and respects the Chinese government's position that Taiwan is an inalienable part of the territory of the PRC, and promises to adhere to the position as prescribed in Article 8 of the Potsdam Proclamation. In December 1978, China and the U.S. issued the Joint Communique on the establishment of diplomatic relations, in which the U.S. " recognizes the government of the People's Republic of China as the sole legal government of China" and "acknowledges the Chinese position that there is but one China and Taiwan is a part of China. " Up to now, 161 countries have established diplomatic relations with the PRC; they all acknowledge the One-China Principle and promise to handle their relations with Taiwan within the one-China framework.
II. The One-China Principle--the Basis and Prerequisite for Achieving Peaceful Reunification
The One-China Principle is the foundation stone for the Chinese government's policy on Taiwan. On Comrade Deng Xiaoping's initiative, the Chinese government has, since 1979, adopted the policy of peaceful reunification and gradually evolved the scientific concept of "one country, two systems." On this basis, China established the basic principle of "peaceful reunification, and one country, two systems." The key points of this basic principle and the relevant policies are: China will do its best to achieve peaceful reunification, but will not commit itself to ruling out the use of force; will actively promote people-to-people contacts and economic and cultural exchanges between the two sides of the Taiwan Straits, and start direct trade, postal, air and shipping services as soon as possible; achieve reunification through peaceful negotiations and, on the premise of the One-China Principle, any matter can be negotiated. After reunification, the policy of "one country, two systems" will be practiced, with the main body of China (Chinese mainland) continuing with its socialist system, and Taiwan maintaining its capitalist system for a long period of time to come. After reunification, Taiwan will enjoy a high degree of autonomy, and the Central Government will not send troops or administrative personnel to be stationed in Taiwan. Resolution of the Taiwan issue is an internal affair of China, which should be achieved by the Chinese themselves, and there is no call for aid by foreign forces. The afore-mentioned principles and policies embody the basic stand and spirit of adhering to the One-China Principle, and fully respect Taiwan compatriots' wish to govern and administer Taiwan by themselves. On January 30, 1995, President Jiang Zemin put forward eight propositions on the development of relations between the two sides of the Taiwan Straits and the promotion of peaceful reunification of China, explicitly pointing out: "Adhering to the One-China Principle is the basis and prerequisite for peaceful reunification. "
Only by adhering to the One-China Principle can peaceful reunification be achieved. The Taiwan issue is one left over by the Chinese civil war. As yet, the state of hostility between the two sides of the Straits has not formally ended. To safeguard China's sovereignty and territorial integrity and realize the reunification of the two sides of the Straits, the Chinese government has the right to resort to any necessary means. Peaceful means would be favorable to the common development of the societies on both sides of the Straits, and to the harmony and unity of the compatriots across the Straits. Peaceful means is therefore the best means. The Chinese government's declaration in 1979 on implementing the principle of peaceful reunification was based on the premise that the Taiwan authorities at that time upheld the principle that there is only one China in the world and Taiwan is a part of China. Meanwhile, the Chinese government took into account the fact that the U.S. government, which for many years had supported the Taiwan authorities, had accepted that there is only one China in the world, Taiwan is a part of China and the government of the PRC is the only legitimate government of China, and saw this acknowledgment as being beneficial to the peaceful resolution of the Taiwan issue. While carrying out the policy of peaceful reunification, the Chinese government always makes it clear that the means used to solve the Taiwan issue is a matter of China's internal affairs, and China is under no obligation to commit itself to rule out the use of force. This is by no means directed against Taiwan compatriots, but against the scheme to create an "independent Taiwan" and against the foreign forces interfering in the reunification of China, and is intended as a necessary safeguard for the striving for peaceful reunification. Resort to force would only be the last choice made under compelling circumstances.
As for Taiwan, upholding the principle of one China indicates that it acknowledges that China's sovereignty and territory are inalienable. In this way, both sides of the Taiwan Straits will have a common basis and premise and may find ways to solve their political differences and realize peaceful reunification through consultation on an equal footing. If Taiwan denies the One-China Principle and tries to separate Taiwan from the territory of China, the premise and basis for peaceful reunification will cease to exist. As for the United States, if it promises to follow a one-China policy, it should earnestly implement the three communiques between the Chinese and U.S. governments and fulfill the series of promises it has made. It should maintain only cultural, commercial and other non-governmental relations with Taiwan; oppose "Taiwan independence," "two Chinas" or "one China, one Taiwan" and not to stand in the way of the reunification of China. Acting otherwise will destroy the external conditions necessary for the Chinese government to strive for peaceful reunification.
As for countries in the Asia-Pacific region and other regions in the world, the situation across the Taiwan Straits has always been closely linked with the stability of the Asia-Pacific region. Adherence to the policy of one China by countries concerned will be beneficial to peace and stability in the Asia-Pacific region and favorable for China to develop friendly relations with other countries, and therefore conforms to the interests of the Asia-Pacific region and other countries in the world.
The Chinese government is actively and sincerely striving for peaceful reunification. To achieve peaceful reunification, the Chinese government has appealed time and again for cross-Straits negotiations on the basis of equality and the One-China Principle. Taking Taiwan's political reality into full account and out of consideration for the Taiwan authorities' request for the negotiations to be held on an equal footing, we have put forward one proposal after another, such as that the negotiations should be held between the Communist Party of China (CPC) and the Chinese KMT on a reciprocal basis and that the talks between the two parties may include representatives from all parties and mass organizations of Taiwan, and we have never spoken of negotiations between the "central and local authorities." The Chinese government has also proposed that dialogues may start first, including political dialogues, which may gradually move on to procedural consultations for political talks to solve the name, the topics for discussion and the forms of official talks before political talks are held. Political talks may be carried out step by step. First, negotiations should be held and an agreement reached on an official end to the state of hostility between the two sides under the principle of one China so as to jointly safeguard China's sovereignty and territorial integrity and work out plans for the development of the future cross-Straits relations. In January 1998, to seek and expand the political basis for relations between the two sides, the Chinese government explicitly proposed to the Taiwan side that before the realization of reunification and in handling affairs concerning inter-Straits relations, especially during the talks between the two sides, the One-China Principle should be upheld, namely that there is only one China in the world, Taiwan is a part of China and China's sovereignty and territorial integrity is not to be separated. The Chinese government hopes that on the basis of the One-China Principle, the two sides will hold consultations on an equal footing and discuss national reunification together.
To strive for peaceful reunification, the Chinese government has adopted a series of positive policies and measures to promote the comprehensive development of cross-Straits relations. From the end of 1987, when the state of isolation between the two sides was terminated, to the end of 1999, the number of Taiwan compatriots coming to the mainland of China for visiting their relatives, sightseeing or exchanges reached 16 million by turnstile count. The total indirect trade volume between the two sides of the Straits has exceeded US$ 160 billion; the agreed capital to be invested by Taiwan business people in the mainland has exceeded US$ 44 billion, of which US$ 24 billion has been actually used. Great progress has been made in the exchange of mail and telecommunications across the Straits; and some progress has been made in the exchange of air and shipping services too. The NPC and its Standing Committee, the State Council, and local governments have worked out a sequence of laws and regulations to safeguard the legitimate rights and interests of Taiwan compatriots. To properly solve the concrete issues arising from the people-to-people contacts between the two sides through consultations, in November 1992 the mainland's Association for Relations Across the Taiwan Straits and Taiwan's Straits Exchange Foundation reached the common understanding during talks on routine affairs that each of the two organizations should express verbally that "both sides of the Taiwan Straits adhere to the One-China Principle." On this basis, the leaders of these two organizations successfully held the "Wang Daohan-Koo Chen-fu talks" and signed several agreements on protecting the legitimate rights and interests of the compatriots on both sides of the Taiwan Straits in April 1993. In October 1998, the leaders of the two organizations met in Shanghai, starting political dialogue across the Straits. The talks between the two organizations were carried out on an equal footing. Practice has proved that on the basis of the One-China Principle, it is entirely possible to find a proper way for holding talks, based on equality, between the two sides. Since Hong Kong and Macao's return to China, people-to-people contacts and exchanges between Hong Kong and Taiwan and between Macao and Taiwan have continued and developed on the basis of the One-China Principle.
III. The Chinese Government--Staunch Champion for the One-China Principle
Separatist forces in Taiwan are bent on violating the One-China Principle. In 1988, after Lee Teng-hui became the leader of the Taiwan authorities, he publicly stated time and again that the basic policy of the Taiwan authorities was that "there is only one China, not two," and "we have always maintained that China should be reunited, and we adhere to the principle of 'one China.'” However, since the early 1990s, Lee Teng-hui has gradually deviated from the One-China Principle, trumpeting "two governments," "two reciprocal political entities," "Taiwan is already a state with independent sovereignty," and "At the present stage the Republic of China is on Taiwan and the People's Republic of China is on the mainland." Moreover, he went back on his words, saying that "I have never said that there is only one China." In addition, he has connived at and provided support for the separatists who advocate "Taiwan independence" and their activities, thus helping the rapid development of the "Taiwan independence" forces and the spread of the "Taiwan independence" ideology. Under the direction of Lee Teng-hui, the Taiwan authorities have adopted a series of measures toward actual separation. In matters of Taiwan's form of government, the Taiwan authorities are seeking to transform Taiwan into an "independent political entity" through a "constitutional reform," so as to suit the needs of creating "two Chinas." In foreign relations, the Taiwan authorities have spared no effort to carry out the activities for "expanding the international space of survival," with the aim of creating "two Chinas." Since 1993, for seven years running, the Taiwan authorities have maneuvered for participation in the United Nations. In military affairs, the Taiwan authorities have bought large quantities of advanced weapons from foreign countries and sought to join the Theater Missile Defense system (TMD), in an attempt to establish a military alliance of a disguised form with the United States and Japan.
In ideology and culture, the Taiwan authorities have endeavored to obliterate the Chinese awareness of Taiwan compatriots, especially young people, and their identification with the motherland, in order to create misunderstanding of the motherland among Taiwan compatriots and estrange them from her, thus cutting off the ideological and cultural ties between the compatriots on both sides of the Taiwan Straits. Since 1999, Lee Teng-hui has stepped up his separatist activities. In May, he published the book The Road to Democracy, which advocates the division of China into seven regions, each enjoying "full autonomy." On July 9, he went so far as to publicly distort the cross-Straits relations as "state to state relations, or at least special state to state relations," in an attempt to fundamentally change the status of Taiwan as a part of China, sabotage the relations between both sides of the Taiwan Straits, especially the basis for cross-Straits political dialogues and negotiations, and wreck the foundation for peaceful reunification. Lee Teng-hui has become the general representative of Taiwan's separatist forces, a saboteur of the stability of the Taiwan Straits, a stumbling-block preventing the development of relations between China and the United States, and a troublemaker for the peace and stability of the Asia-Pacific region.
The Chinese government firmly defends the One-China Principle. The Chinese government and people have always maintained sharp vigilance and fought resolutely against the secessionist activities of the Taiwan separatists, represented by Lee Teng-hui.
After Lee Teng-hui's "private" visit to the United States in June 1995, the Chinese government has waged a resolute struggle against separation and against "Taiwan independence," and made strong protests and representations to the U.S. government for openly allowing Lee Teng-hui to visit the U.S., violating its promises made in the three Sino-U.S. joint communiques, and seriously prejudicing China's sovereignty. This struggle has shown the Chinese government and people's firm resolve and ability to safeguard state sovereignty and territorial integrity, and exerted an important and far-reaching influence. Compatriots in Taiwan have further realized the serious harm "Taiwan independence" can cause. Lee Teng-hui has received a heavy blow for his separatist activities in the international community, so that some of the " Taiwan independence" protagonists have had to abandon certain extremist propositions aimed at division. The international community has further realized the necessity of upholding the one-China policy. The U.S. government has explicitly undertaken not to support "Taiwan independence," not to support "two Chinas" or "one China, one Taiwan," and not to support Taiwan joining any international organization whose membership is restricted to sovereign states.
The Chinese government and people have fought more unremittingly after Lee Teng-hui cooked up his "two states" theory. The relevant department of the Chinese government has clearly stated that the attempt of the Taiwan separatists to implement the "two states" theory in "legal" form was an even more serious and dangerous step toward division and a grave provocation against peaceful reunification. Were the attempt to succeed, it would be impossible for China to achieve peaceful reunification. The struggle against this attempt has grown in momentum with Chinese both at home and abroad condemning the "two states" theory with one voice. Most countries in the world have reaffirmed their position of upholding the One-China Policy. The U.S. government has also reasserted its adherence to the One-China Policy and its commitment to the "Three Non-supports" for Taiwan. Finally, the Taiwan authorities have been compelled to announce that they will not amend their "constitution" and "laws" according to the "two states" theory.
Nevertheless, separatists in Taiwan are still attempting to detach Taiwan "de jure" from China in the name of the "Republic of China" by various forms, including "formulating a new constitution," "amending the constitution," and "explaining the constitution" or through "legislation." Special vigilance should be maintained to the fact that the Taiwan separatists are continually scheming to disrupt the Sino-U.S. relations and provoke conflicts and confrontation between the two nations to achieve their aim of dividing China.
Facts prove that a serious crisis still exists in the situation of the Taiwan Straits. To safeguard the interests of the entire Chinese people including compatriots in Taiwan and maintain the peace and development of the Asia-Pacific region, the Chinese government remains firm in adhering to "peaceful reunification" and "one country, two systems"; upholding the eight propositions put forward by President Jiang Zemin for the development of cross-Straits relations and the acceleration of the peaceful reunification of China; and doing its utmost to achieve the objective of peaceful reunification. However, if a grave turn of events occurs leading to the separation of Taiwan from China in any name, or if Taiwan is invaded and occupied by foreign countries, or if the Taiwan authorities refuse, sine die, the peaceful settlement of cross-Straits reunification through negotiations, then the Chinese government will only be forced to adopt all drastic measures possible, including the use of force, to safeguard China's sovereignty and territorial integrity and fulfill the great cause of reunification. The Chinese government and people absolutely have the determination and ability to safeguard China's sovereignty and territorial integrity, and will never tolerate, condone or remain indifferent to the realization of any scheme to divide China. Any such scheme is doomed to failure.
IV. Several Questions Involving the One-China Principle in the Cross-Straits Relations
Chinese territory and sovereignty has not been split, and the two sides of the Straits are not two states. The Taiwan authorities support their position on "two Chinas," including the "two states" theory proposed by Lee Teng-hui, with the following arguments:
Since 1949, the territories on either side of the Straits have been divided and governed separately, with neither side having jurisdiction over the other; the government of the PRC has never ruled Taiwan; and since 1991 Taiwan has witnessed a form of government that has nothing to do with that of the Chinese mainland. These arguments are absolutely untenable, and can never lead to the conclusion that Taiwan may declare itself a state under the name of the "Republic of China," or that the two sides of the Straits have been divided into two states. Firstly, state sovereignty is inseparable. The territory is the space in which a state exercises its sovereignty. In the territory of a country there can only be a central government exercising sovereignty on behalf of the state. As we have already said, Taiwan is an inalienable part of Chinese territory and, after replacing the government of the Republic of China in 1949, the government of the PRC has become the sole legal government of China, enjoying and exercising sovereignty over the whole of China, including Taiwan.
Although the two sides of the Straits remain to be reunified, the long-term existence of this abnormal situation has not imbued Taiwan with a status and rights in international law, nor can it change the legal status of Taiwan as a part of China. The problem now is that the separatists in Taiwan and some foreign anti-China forces seek to change this state of affairs, and it is this that the Chinese government and people are firmly against.
We firmly oppose changing Taiwan's status as a part of China by referendum. The Taiwan separatists' attempt to change Taiwan's status as a part of China by referendum on the pretext that " sovereignty belongs to the people" is futile. Firstly, under both domestic and international laws Taiwan's legal status as a part of Chinese territory is unequivocal, and there can be no premise for using referendum to decide any matter of self-determination. Secondly, the phrase "sovereignty belongs to the people" refers to all the people of state, and not certain people or the people of a certain area. The sovereignty over Taiwan belongs to all the Chinese people including Taiwan compatriots, and not to some of the people in Taiwan. Thirdly, at no time in history has Taiwan been a state in its own right, and since 1945 Taiwan has not been a foreign colony, nor has it been under foreign occupation. The issue of national self-determination, therefore, does not exist. In short, from the time that China recovered Taiwan in 1945, there has been no question at all of changing Taiwan's status as a part of China by holding a referendum. The only future for Taiwan is reunification with the China mainland, and certainly not separation. Any attempt to separate Taiwan from China through so-called referendum would only lead the Taiwan people to disaster.
The "two German states formula" cannot be applied to the settlement of the Taiwan issue. Some people in Taiwan have suggested that cross-Straits relations should be dealt with according to the "two German states formula," since Germany was divided into two states after the Second World War, and was later reunified. This proposal shows a misunderstanding of history and reality. The division of Germany after the war and the temporary division between the two sides of the Straits are questions of a different nature, the difference lying mainly in three aspects. The first is the reasons for, and the nature of, the division. After its defeat in the Second World War in 1945, Germany was divided into zones occupied separately by the four victorious nations of the United States, Britain, France and the Soviet Union according to a declaration on the defeat of Germany and the assumption of supreme authority and the subsequent Potsdam Agreement. The reunification of Germany became a focus of the confrontation in Europe between the United States and the Soviet Union during the cold war. The Federal Republic of Germany and the German Democratic Republic were established in the zones occupied by the U.S., Britain and France, and that occupied by the Soviet Union. Thus Germany was divided into two states. Obviously, the German question arose entirely from external factors, while the Taiwan issue, left over by China's civil war, is a matter of China 's internal affairs. The second aspect is the difference in status between the two under international law. Germany was divided according to a series of international treaties during and after the Second World War, while the Taiwan question involves provisions of the Cairo Declaration, the Potsdam Proclamation and other international treaties, stating that Japan must return Taiwan, which it had stolen from China, to the Chinese. The third is the difference between the two in their actual conditions of existence.
Against the backdrop of the confrontation between the U.S. and the Soviet Union, the two German states had foreign troops stationing in their territories and so were compelled to recognize each other and co-exist in the international community. The Chinese government has always persisted in the principle of one China. Before Lee Teng-hui assumed power, and during his early days in office, the Taiwan authorities recognized only one China and opposed "two Chinas," and the One-China Principle has also been widely accepted by the international community. For these reasons, the Taiwan issue and the German issue cannot be placed in the same category, nor can the "two German states formula" be copied to settle the Taiwan question. Any question can be discussed under the One-China Principle. The Chinese government advocates that the final purpose of cross-Straits negotiations is to achieve peaceful reunification; and that to achieve this purpose, talks should be held based on the principle of one China. However, the proposals for " Taiwan independence," "two Chinas" and "two states," aiming for separation instead of reunification, violate the One-China Principle, and are naturally unacceptable to the Chinese government. Provided that it is within the framework of one China, any question can be discussed, including the various issues that are of concern to the Taiwan side. The Chinese government believes that Taiwan's international space for economic, cultural and social activities compatible with its status, the political status of the Taiwan authorities and other questions can be finally settled in the process of peaceful reunification through political negotiations within this framework.
The so-called controversy about democracy and system is an excuse for obstructing the reunification of China. In recent years the Taiwan authorities have repeatedly declared that " democratization on the China mainland is the key to the reunification of China" and that "the real essence of the cross-Straits issue is a contest between systems." This is an excuse for postponing and resisting reunification, as well as a scheme to deceive compatriots in Taiwan and world opinion. The CPC and the Chinese government have consistently striven to achieve socialist democracy. To achieve peaceful reunification in the form of "one country, two systems," and to allow the two different social systems on both sides of the Straits to coexist without imposing them on one or the other--this is best able to embody the wishes of compatriots on both sides of the Straits and is itself democratic. The different social systems across the Straits, therefore, should not constitute any barrier to peaceful reunification. Moreover, the Chinese government acknowledges the differences between Taiwan on the one hand and Hong Kong and Macao on the other and, after peaceful reunification, is prepared to apply a looser form of the "one country, two systems" policy in Taiwan than in Hong Kong and Macao. It is totally unreasonable and undemocratic for the Taiwan authorities to seek to obstruct reunification on the pretext of the "controversy about democracy and system" and to force the more than 1.2 billion people living on the Chinese mainland to practice the political and economic systems in Taiwan. The demand for democracy should not be used as a reason for refusing reunification. The essence of the difference between the two sides of the Straits on this question lies by no means in the controversy over whether to practice democracy or in the controversy over what system to practice, but rather a controversy over the choice between reunification and separation.
V. Several Questions Involving Adherence to the One-China Principle in the International Community
The Chinese government has expressed its appreciation to the international community for widely pursuing a one-China policy. In August 1993, we published the white paper The Taiwan Question and Reunification of China. In Chapter V of this document, "Several Questions Involving Taiwan in International Relations," we explained our position and policy on a number of issues, including relations between Taiwan and countries maintaining diplomatic ties with China, relations between international organizations and Taiwan, aviation services between Taiwan and countries having diplomatic relations with China, and arms sales to Taiwan by countries having diplomatic relations with China. Here, we would like to reaffirm our related position and policy.
Taiwan is ineligible for membership of the United Nations and other international organizations whose membership is confined to sovereign states. The United Nations is an inter-governmental international organization composed of sovereign states. After the restoration of the lawful rights of the PRC in the United Nations, the issue of China's representation in the UNO was resolved once and for all and Taiwan's re-entry became totally out of the question. The Taiwan authorities have asserted that Resolution 2758 of the UN resolved only "the problem of China's representation," but not "the problem of Taiwan's representation," and demanded participation in the UN. We will never permit such a separatist act of creating "two Chinas' or "one China, one Taiwan."
All members of the UN should adhere to the purpose and principles of the Charter of the United Nations and related UN resolutions, abide by norms governing international relations, including mutual respect for sovereignty and territorial integrity and non-interference in each other's internal affairs, and never, in any form, support Taiwan's joining the UN or other international organizations whose membership is confined to sovereign states.
On the basis of the principle of one China, the Chinese government has made arrangements for Taiwan's participation in some inter-governmental international organizations which accept region membership in an agreeable and acceptable way according to the nature, regulations and actual conditions of these international organizations. As a region of China, Taiwan has participated in the Asian Development Bank (ADB) and the Asia-Pacific Economic Cooperation (APEC) respectively in the names of " Taipei, China" and "Chinese Taipei." In September 1992, the chairman of the council of the predecessor of the World Trade Organization (WTO), the General Agreement on Tariffs and Trade (GATT), stated that Taiwan may participate in this organization as "a separate Taiwan-Penghu-Jinmen-Mazu tariff zone" (abbreviated as Chinese Taipei) after the PRC's entry to GATT. The WTO should persist in the principle defined in the afore-said statement when examining the acceptance of Taiwan's entry to the organization. This is only an ad hoc arrangement and cannot constitute a model applicable to other inter-governmental international organizations or international gatherings.
No country maintaining diplomatic relations with China should provide arms to Taiwan or enter into military alliance of any form with Taiwan. All countries maintaining diplomatic relations with China should abide by the principles of mutual respect for sovereignty and territorial integrity and non-interference in each other's internal affairs, and refrain from providing arms to Taiwan or helping Taiwan produce arms in any form or under any pretext.
The Taiwan question is the most crucial and most sensitive issue in the relations between China and the U.S. The three Sino-U.S. joint communiques are the basis for the healthy and stable development of relations between the two countries. For over twenty years, the U.S. has promised to adhere to a One-China Policy, which has brought to itself benefits such as the establishment of diplomatic relations with China, the development of Sino-U.S. relations and the relative stability of the Taiwan situation. Regrettably, the U.S. has repeatedly contravened its solemn undertakings to China made in the August 17 Communique and continued its sale of advanced arms and military equipment to Taiwan. Recently, some people in the U.S. Congress have cooked up the so-called Taiwan Security Enhancement Act and are attempting to include Taiwan in the TMD. This is gross interference in China 's internal affairs and a grave threat to China's security, obstructing the peaceful reunification of China and jeopardizing the peace and stability of the Asia-Pacific region and the world at large. The Chinese government is firmly against such actions.
The Chinese government adheres to the One-China Principle in dealing with Taiwan's contacts with the outside world. The Taiwan authorities have spared no effort to promote "pragmatic diplomacy" in the international arena and enlarge their "international space of survival," the essence of these being to create "two Chinas" or "one China, one Taiwan." It is only natural that the Chinese government should firmly oppose these. Meanwhile, considering the needs of Taiwan's socio-economic development and the actual benefits of compatriots in Taiwan, the Chinese government has no objection to Taiwan's non-governmental economic and cultural contacts with foreign countries; in fact, on the premise of one China, it has adopted many flexible measures to make Taiwan's economic, trade and cultural contacts with foreign countries more convenient. For example, Taiwan may stay on the International Olympic Committee in the name of "Chinese Taipei." As a matter of fact, Taiwan has maintained extensive economic, trade and cultural relations with many countries and regions in the world. Every year, a million Taiwan compatriots go abroad for travel, business or study, as well as for academic, cultural or sports exchanges, and Taiwan's annual import and export trade volume has exceeded the US$200-billion mark. This has demonstrated that adhering to the One-China Principle has not prevented Taiwan compatriots from engaging in non-governmental international exchanges or affected the needs of Taiwan's normal economic, trade and cultural activities.
The Chinese government safeguards all the justified and lawful rights and interests of Taiwan compatriots abroad. The people of Taiwan are of the same flesh and blood with us. The Chinese government has always worked for safeguarding their justified and lawful rights and interests abroad. Chinese embassies and consulates stationed abroad have always considered it their duties to strengthen their ties with Taiwan compatriots, listen to their suggestions and requests and safeguard their interests, and done everything they can to help them overcome their difficulties. During the Gulf War, the Chinese embassy helped Taiwanese labor service personnel stranded in Kuwait pull out of dangerous places safely. After the big earthquakes in Osaka and Kobe, Japan, the Chinese embassy and consulate general there promptly extended their sympathies to stricken Taiwan compatriots. When the civil war in Cambodia broke out, the Chinese embassy lost no time in helping Taiwanese business people and tourists whose lives and property were seriously imperiled by the war to move to safe places. All the above-mentioned facts reflect the Chinese government's care for Taiwan compatriots. When both sides of the Taiwan Straits are reunified, Taiwan compatriots will, together with people of all ethnic groups in the country, have more possibilities to fully enjoy the dignity and honor of the PRC in the world.
Conclusion
China has a long history of 5,000 years. The Chinese people have lived and multiplied on this land where all ethnic groups have mixed together, in the course of which they have evolved powerful cohesiveness, and the values of cherishing and safeguarding unity. Over the long course of history, the Chinese nation has witnessed changes of dynasties, transfers of governments, local separatist regimes, and foreign invasions, especially the untold invasions and dismemberment by foreign powers in modern history. However, unity has always been the main trend in the development of Chinese history. After every separation, the country was invariably reunified, only to be followed in its wake by rapid political, economic, cultural, scientific and technological development. Our compatriots in Taiwan have a glorious tradition of patriotism, and have performed brilliant exploits in the struggles against foreign invasions of Taiwan. Since the founding of the PRC, the Chinese people have particularly valued their hard-earned national independence, firmly upheld state sovereignty and territorial integrity and struggled unswervingly for reunification of the motherland. The 5,000-year history and culture have been implanted deeply in the minds of the Chinese people, sprouting the strong national consciousness of the need for national unification.
The Chinese government hopes that the international community will follow the principle of one China now and always and that the U.S. government will earnestly fulfil all the principles concerning the Taiwan issue in the three Sino-U.S. joint communiques, and its solemn promise to uphold the One-China Principle.
As the Chinese government has successively resumed the exercise of sovereignty over Hong Kong and Macao, the people of the whole of China are eager to resolve the Taiwan issue as early as possible and realize the total reunification of the country. They cannot allow the resolution of the Taiwan issue to be postponed indefinitely. We firmly believe that the total reunification of China will be achieved through the joint efforts of the entire Chinese people including compatriots on both sides of the Taiwan Straits and those living overseas.
This white paper was issued on Feb. 21, 2000 and was the second of altogether three white papers the PRC issued
on Taiwan so far. The first white paper on the topic had been issued on Aug. 31, 1993,
the third was issued on Aug. 10, 2022.
See also the URLs leading to the sources of this white paper in English and Chinese.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
The Governments of the Member States of ASEAN and the Government of
the People's Republic of China,
REAFFIRMING their determination to consolidate and develop the
friendship and cooperation existing between their people and governments with
the view to promoting a 21st century-oriented partnership of good
neighbourliness and mutual trust;
COGNIZANT of the need to promote a peaceful, friendly and harmonious
environment in the South China Sea between ASEAN and China for the enhancement
of peace, stability, economic growth and prosperity in the region;
COMMITTED to enhancing the principles and objectives of the 1997
Joint Statement of the Meeting of the Heads of State/Government of the Member
States of ASEAN and President of the People's Republic of China;
DESIRING to enhance favourable conditions for a peaceful and durable
solution of differences and disputes among countries concerned;
HEREBY DECLARE the following:
1. The Parties reaffirm their commitment to the purposes
and principles of the Charter of the United Nations, the 1982 UN Convention on
the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the
Five Principles of Peaceful Coexistence, and other universally recognized
principles of international law which shall serve as the basic norms governing
state-to-state relations;
2. The Parties are committed to exploring ways for
building trust and confidence in accordance with the above-mentioned principles
and on the basis of equality and mutual respect;
3. The Parties reaffirm their respect for and commitment
to the freedom of navigation in and overflight above the South China Sea as
provided for by the universally recognized principles of international law,
including the 1982 UN Convention on the Law of the Sea;
4. The Parties concerned undertake to resolve their
territorial and jurisdictional disputes by peaceful means, without resorting to
the threat or use of force, through friendly consultations and negotiations by
sovereign states directly concerned, in accordance with universally recognized
principles of international law, including the 1982 UN Convention on the Law of
the Sea;
5. The Parties undertake to exercise self-restraint in
the conduct of activities that would complicate or escalate disputes and affect
peace and stability including, among others, refraining from action of
inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other
features and to handle their differences in a constructive manner.
Pending
the peaceful settlement of territorial and jurisdictional disputes, the Parties
concerned undertake to intensify efforts to seek ways, in the spirit of
cooperation and understanding, to build trust and confidence between and among
them, including:
a. holding dialogues and exchange of views as
appropriate between their defense and military officials;
b. ensuring just and humane treatment of all persons who
are either in danger or in distress;
c. notifying, on a voluntary basis, other Parties
concerned of any impending joint/combined military exercise; and
d. exchanging, on a voluntary basis, relevant
information.
6. Pending a comprehensive and durable settlement of the
disputes, the Parties concerned may explore or undertake cooperative
activities. These may include the following:
a. marine environmental protection;
b. marine scientific research;
c. safety of navigation and communication at sea;
d. search and rescue operation; and
e. combating transnational crime, including but not
limited to trafficking in illicit drugs, piracy and armed robbery at sea, and
illegal traffic in arms.
The
modalities, scope and locations, in respect of bilateral and multilateral
cooperation should be agreed upon by the Parties concerned prior to their
actual implementation.
7. The Parties concerned stand ready to continue their
consultations and dialogues concerning relevant issues, through modalities to
be agreed by them, including regular consultations on the observance of this
Declaration, for the purpose of promoting good neighbourliness and
transparency, establishing harmony, mutual understanding and cooperation, and
facilitating peaceful resolution of disputes among them;
8. The Parties undertake to respect the provisions of
this Declaration and take actions consistent therewith;
9. The Parties encourage other countries to respect the
principles contained in this Declaration;
10. The Parties concerned reaffirm that the adoption of a code of
conduct in the South China Sea would further promote peace and stability in the
region and agree to work, on the basis of consensus, towards the eventual
attainment of this objective.
Done on the Fourth Day
of November in the Year Two Thousand and Two in Phnom Penh, the Kingdom of
Cambodia.
For Brunei Darussalam: Mohamed Bolkiah, Minister of Foreign Affairs
For the People's Republic of China: Wang Yi 王毅,
Special Envoy and Vice Minister of Foreign Affairs
For the Kingdom of Cambodia: Hor Namhong, Senior Minister and
Minister of Foreign Affairs and International Cooperation
For the Republic of Indonesia: Dr. Hassan Wirayuda, Minister of
Foreign Affairs
For the Lao People's Democratic Republic: Somsavat Lengsavad, Deputy
Prime Minister and Minister of Foreign Affairs
For Malaysia: Datuk Seri Syed Hamid Albar, Minister of Foreign
Affairs
For the Union of Myanmar: Win Aung, Minister of Foreign Affairs
For the Republic of the Philippines: Blas F. Ople, Secretary of
Foreign Affairs
For the Republic of Singapore: Prof. S. Jayakumar, Minister of
Foreign Affairs
For the Kingdom of Thailand: Dr. Surakiart Sathirathai, Minister of
Foreign Affairs
For the Socialist Republic of Viet Nam: Nguyen Dy Nien 阮怡年, Minister of Foreign Affairs
The text of the Declaration on the Conduct of Parties in the South China Sea was published on
the website of the Association of Southeast Asian Nations (ASEAN), please click
here.
On Oct. 25, 2004, Colin Powell, US Secretary of State [Jan. 2001 to Jan. 2005], stated in an interview with
Anthony Yuen (阮次山) of Hong Kong-based Phoenix TV (鳳凰衛視) in Beijing's China World Hotel (中國大飯店):
[...] Our policy is clear, there is
only one China. Taiwan is not independent. It does not enjoy sovereignty as a
nation, and that remains our policy, our firm policy. [...]
ORDER OF THE PRESIDENT OF THE PEOPLE'S
REPUBLIC OF CHINA
No. 34
The Anti-Secession Law, adopted at the Third Session of
the Tenth National People's Congress of the People's Republic of China on March
14, 2005, is hereby promulgated and shall go into effect as of the date of promulgation.
Hu Jintao
President of the People's Republic of China
March 14, 2005
Anti-Secession
Law
(Adopted at the Third Session of the Tenth
National People's Congress on March 14, 2005)
Article 1
This Law is formulated, in accordance with the Constitution, for the
purpose of opposing and checking Taiwan's secession from China by secessionists in the name of "Taiwan independence", promoting peaceful national
reunification, maintaining peace and stability in the Taiwan Straits,
preserving China's sovereignty and territorial integrity, and safeguarding the
fundamental interests of the Chinese nation.
Article 2
There is only one China in the world. Both the mainland and Taiwan belong to one China. China's sovereignty and territorial integrity brook no
division. Safeguarding China's sovereignty and territorial integrity is the
common obligation of all Chinese people, the Taiwan compatriots included.
Taiwan is part of China. The state shall never allow the
"Taiwan independence" secessionist forces to make Taiwan secede from China under any name or by any means.
Article 3
The Taiwan question is one that is left over from China's civil war of the late 1940s.
Solving the Taiwan question and achieving national
reunification is China's internal affair, which subjects to no interference by
any outside forces.
Article 4
Accomplishing the great task of reunifying the motherland is the
sacred duty of all Chinese people, the Taiwan compatriots included.
Article 5
Upholding the principle of one China is the basis of peaceful
reunification of the country.
To reunify the country through peaceful means best
serves the fundamental interests of the compatriots on both sides of the Taiwan
Straits. The state shall do its utmost with maximum sincerity to achieve a
peaceful reunification.
After the country is reunified peacefully, Taiwan may practice systems different from those on the mainland and enjoy a high degree of
autonomy.
Article 6
The state shall take the following measures to maintain peace and
stability in the Taiwan Straits and promote cross-Straits relations:
(1) to encourage and facilitate personnel exchanges
across the Straits for greater mutual understanding and mutual trust;
(2) to encourage and facilitate economic exchanges
and cooperation, realize direct links of trade, mail and air and shipping
services, and bring about closer economic ties between the two sides of the Straits
to their mutual benefit;
(3) to encourage and facilitate cross-Straits
exchanges in education, science, technology, culture, health and sports, and
work together to carry forward the proud Chinese cultural traditions;
(4) to encourage and facilitate cross-Straits cooperation
in combating crimes; and
(5) to encourage and facilitate other activities
that are conducive to peace and stability in the Taiwan Straits and stronger
cross-Straits relations.
The state protects the rights and interests of the Taiwan compatriots in accordance with law.
Article 7
The state stands for the achievement of peaceful reunification
through consultations and negotiations on an equal footing between the two
sides of the Taiwan Straits. These consultations and negotiations may be
conducted in steps and phases and with flexible and varied modalities.
The two sides of the Taiwan Straits may consult
and negotiate on the following matters:
(1) officially ending the state of hostility
between the two sides;
(2) mapping out the development of cross-Straits
relations;
(3) steps and arrangements for peaceful national
reunification;
(4) the political status of the Taiwan authorities;
(5) the Taiwan region's room of international
operation that is compatible with its status; and
(6) other matters concerning the achievement of peaceful
national reunification.
Article 8
In the event that the "Taiwan independence" secessionist forces
should act under any name or by any means to cause the fact of Taiwan's
secession from China, or that major incidents entailing Taiwan's secession from
China should occur, or that possibilities for a peaceful reunification should be
completely exhausted, the state shall employ non-peaceful means and other
necessary measures to protect China's sovereignty and territorial integrity.
The State Council and the Central Military
Commission shall decide on and execute the non-peaceful means and other
necessary measures as provided for in the preceding paragraph and shall
promptly report to the Standing Committee of the National People's Congress.
Article 9
In the event of employing and executing non-peaceful means and other
necessary measures as provided for in this Law, the state shall exert its
utmost to protect the lives, property and other legitimate rights and interests
of Taiwan civilians and foreign nationals in Taiwan, and to minimize losses. At
the same time, the state shall protect the rights and interests of the Taiwan compatriots in other parts of China in accordance with law.
Article 10
This Law shall come into force on the day of its promulgation.
A useful commentary written by German law expert Christoph Henke LL.D. about the PRC's "Anti-Secession Law" can be found
here.
A separate PDF file (102 pages in A4 format, file size 3.2 MB) showing above text plus selected other statements,
declarations, treaties, laws, and communiqués written or co-authored by high-ranking representatives of the PRC pertaining
to the relations with Taiwan can be found here. To view another PDF
file—69 A4 pages, 3.2 MB—showing the full text of the Economic Cooperation Framework Agreement (ECFA) signed by SEF and ARATS representatives in June 2010
please click here.
Cour Permanente d'Arbitrage
Palais de la Paix, Carnegieplein 2,
2517 KJ La Haye, Pays-Bas
Téléphone: +31 70 302 4165
Télécopie: +31 70 302 4167
Courriel: bureau@pca-cpa.org
Site Internet: www. pca-cpa.org
PRESS
RELEASE
THE SOUTH
CHINA SEA ARBITRATION
(THE
REPUBLIC OF THE PHILIPPINES V. THE PEOPLE'S REPUBLIC OF CHINA)
The Hague, 12 July 2016
The Tribunal Renders Its Award
A unanimous Award has been issued today by the Tribunal constituted
under Annex VII to the United Nations Convention on the Law of the Sea (the
"Convention") in the arbitration instituted by the Republic of the Philippines
against the People's Republic of China.
This arbitration concerned the role of historic rights and the source
of maritime entitlements in the South China Sea, the status of certain maritime
features and the maritime entitlements they are capable of generating, and the
lawfulness of certain actions by China that were alleged by the Philippines to
violate the Convention. In light of limitations on compulsory dispute
settlement under the Convention, the Tribunal has emphasized that it does not
rule on any question of sovereignty over land territory and does not delimit
any boundary between the Parties.
China has repeatedly stated that "it will neither accept nor
participate in the arbitration unilaterally initiated by the Philippines."
Annex VII, however, provides that the "[a]bsence of a party or failure of a
party to defend its case shall not constitute a bar to the proceedings." Annex
VII also provides that, in the event that a party does not participate in the
proceedings, a tribunal "must satisfy itself not only that it has jurisdiction
over the dispute but also that the claim is well founded in fact and law."
Accordingly, throughout these proceedings, the Tribunal has taken steps to test
the accuracy of the Philippines' claims, including by requesting further written
submissions from the Philippines, by questioning the Philippines both prior to
and during two hearings, by appointing independent experts to report to the
Tribunal on technical matters, and by obtaining historical evidence concerning
features in the South China Sea and providing it to the Parties for comment.
China has also made clear—through the publication of a Position Paper
in December 2014 and in other official statements—that, in its view, the
Tribunal lacks jurisdiction in this matter. Article 288 of the Convention
provides that: "In the event of a dispute as to whether a court or tribunal has
jurisdiction, the matter shall be settled by decision of that court or
tribunal." Accordingly, the Tribunal convened a hearing on jurisdiction and
admissibility in July 2015 and rendered an Award on Jurisdiction and
Admissibility on 29 October 2015, deciding some issues of jurisdiction and
deferring others for further consideration. The Tribunal then convened a
hearing on the merits from 24 to 30 November 2015.
The Award of today's date addresses the issues of jurisdiction not
decided in the Award on Jurisdiction and Admissibility and the merits of the
Philippines' claims over which the Tribunal has jurisdiction. The Award is
final and binding, as set out in Article 296 of the Convention and Article 11
of Annex VII.
Historic Rights and the 'Nine-Dash Line': The Tribunal found that it has
jurisdiction to consider the Parties' dispute concerning historic rights and
the source of maritime entitlements in the South China Sea. On the merits, the
Tribunal concluded that the Convention comprehensively allocates rights to
maritime areas and that protections for pre-existing rights to resources were
considered, but not adopted in the Convention. Accordingly, the Tribunal
concluded that, to the extent China had historic rights to resources in the
waters of the South China Sea, such rights were extinguished to the extent they
were incompatible with the exclusive economic zones provided for in the
Convention. The Tribunal also noted that, although Chinese navigators and
fishermen, as well as those of other States, had historically made use of the
islands in the South China Sea, there was no evidence that China had
historically exercised exclusive control over the waters or their resources.
The Tribunal concluded that there was no legal basis for China to claim
historic rights to resources within the sea areas falling within the 'nine-dash
line'.
Status of Features: The Tribunal next considered entitlements to
maritime areas and the status of features. The Tribunal first undertook an
evaluation of whether certain reefs claimed by China are above water at high tide.
Features that are above water at high tide generate an entitlement to at least
a 12 nautical mile territorial sea, whereas features that are submerged at high
tide do not. The Tribunal noted that the reefs have been heavily modified by
land reclamation and construction, recalled that the Convention classifies
features on their natural condition, and relied on historical materials in
evaluating the features. The Tribunal then considered whether any of the
features claimed by China could generate maritime zones beyond 12 nautical miles.
Under the Convention, islands generate an exclusive economic zone of 200
nautical miles and a continental shelf, but "[r]ocks which cannot sustain human
habitation or economic life of their own shall have no exclusive economic zone
or continental shelf." The Tribunal concluded that this provision depends upon
the objective capacity of a feature, in its natural condition, to sustain
either a stable community of people or economic activity that is not dependent
on outside resources or purely extractive in nature. The Tribunal noted that
the current presence of official personnel on many of the features is dependent
on outside support and not reflective of the capacity of the features. The
Tribunal found historical evidence to be more relevant and noted that the
Spratly Islands were historically used by small groups of fishermen and that several
Japanese fishing and guano mining enterprises were attempted. The Tribunal
concluded that such transient use does not constitute inhabitation by a stable
community and that all of the historical economic activity had been extractive.
Accordingly, the Tribunal concluded that none of the Spratly Islands is capable
of generating extended maritime zones. The Tribunal also held that the Spratly
Islands cannot generate maritime zones collectively as a unit. Having found
that none of the features claimed by China was capable of generating an
exclusive economic zone, the Tribunal found that it could—without delimiting a boundary—declare
that certain sea areas are within the exclusive economic zone of the
Philippines, because those areas are not overlapped by any possible entitlement
of China.
Lawfulness of Chinese Actions: The Tribunal next considered the
lawfulness of Chinese actions in the South China Sea. Having found that certain
areas are within the exclusive economic zone of the Philippines, the Tribunal
found that China had violated the Philippines' sovereign rights in its
exclusive economic zone by (a) interfering with Philippine fishing and
petroleum exploration, (b) constructing artificial islands and (c) failing to
prevent Chinese fishermen from fishing in the zone. The Tribunal also held that
fishermen from the Philippines (like those from China) had traditional fishing
rights at Scarborough Shoal and that China had interfered with these rights in
restricting access. The Tribunal further held that Chinese law enforcement vessels
had unlawfully created a serious risk of collision when they physically
obstructed Philippine vessels.
Harm to Marine Environment: The Tribunal considered the
effect on the marine environment of China's recent large-scale land reclamation
and construction of artificial islands at seven features in the Spratly Islands
and found that China had caused severe harm to the coral reef environment and
violated its obligation to preserve and protect fragile ecosystems and the
habitat of depleted, threatened, or endangered species. The Tribunal also found
that Chinese authorities were aware that Chinese fishermen have harvested
endangered sea turtles, coral, and giant clams on a substantial scale in the
South China Sea (using methods that inflict severe damage on the coral reef environment)
and had not fulfilled their obligations to stop such activities.
Aggravation of Dispute: Finally, the Tribunal considered whether China's
actions since the commencement of the arbitration had aggravated the dispute
between the Parties. The Tribunal found that it lacked jurisdiction to consider
the implications of a stand-off between Philippine marines and Chinese naval
and law enforcement vessels at Second Thomas Shoal, holding that this dispute
involved military activities and was therefore excluded from compulsory
settlement. The Tribunal found, however, that China's recent large-scale land
reclamation and construction of artificial islands was incompatible with the
obligations on a State during dispute resolution proceedings, insofar as China
has inflicted irreparable harm to the marine environment, built a large
artificial island in the Philippines' exclusive economic zone, and destroyed evidence
of the natural condition of features in the South China Sea that formed part of
the Parties' dispute.
An expanded summary of the Tribunal's decisions is set out below.
The Tribunal was constituted on 21 June 2013 pursuant to the
procedure set out in Annex VII of the Convention to decide the dispute
presented by the Philippines. The Tribunal is composed of Judge Thomas A. Mensah
of Ghana, Judge Jean-Pierre Cot of France, Judge Stanislaw Pawlak of Poland,
Professor Alfred H.A. Soons of the Netherlands, and Judge Rüdiger Wolfrum of
Germany. Judge Thomas A. Mensah serves as President of the Tribunal. The Permanent
Court of Arbitration acts as the Registry in the proceedings.
Further information about the case may be found at
www.pcacases.com/web/view/7, including the Award on Jurisdiction and
Admissibility, the Rules of Procedure, earlier Press Releases, hearing
transcripts, and photographs. Procedural Orders, submissions by the
Philippines, and reports by the Tribunal's experts will be made available in
due course, as will unofficial Chinese translations of the Tribunal's Awards.
Background to the Permanent Court of Arbitration
The
Permanent Court of Arbitration (PCA) is an intergovernmental organization
established by the 1899 Hague Convention on the Pacific Settlement of
International Disputes. The PCA has 121 Member States. Headquartered at the
Peace Palace in The Hague, the Netherlands, the PCA facilitates arbitration, conciliation,
fact-finding, and other dispute resolution proceedings among various
combinations of States, State entities, intergovernmental organizations, and
private parties. The PCA's International Bureau is currently administering 8
interstate disputes, 73 investor-State arbitrations, and 34 cases arising under
contracts involving a State or other public entity. The PCA has administered 12
cases initiated by States under Annex VII to the United Nations Convention on
the Law of the Sea.
In July 2013, the Tribunal in the South China Sea Arbitration
appointed the PCA to serve as Registry for the proceedings. The Tribunal's
Rules of Procedure provide that the PCA shall "maintain an archive of the arbitral
proceedings and provide appropriate registry services as directed by the
Arbitral Tribunal." Such services include assisting with the identification and
appointment of experts; publishing information about the arbitration and
issuing press releases; organizing the hearings at the Peace Palace in The
Hague; and the financial management of the case, which involves holding a
deposit for expenses in the arbitration, such as to pay arbitrator fees,
experts, technical support, court reporters etc. The Registry also serves as
the channel of communications amongst the Parties and the Tribunal and observer
States.
Photograph: Hearing in session, July 2015, Peace Palace, The Hague.
Clockwise from top left: Registrar and PCA Senior Legal Counsel Judith Levine;
Judge Stanislaw Pawlak; Professor Alfred H. A. Soons; Judge Thomas A. Mensah
(Presiding Arbitrator); Judge Jean-Pierre Cot; Judge Rüdiger Wolfrum; PCA
Senior Legal Counsel Garth Schofield; former Secretary for Foreign Affairs of
the Philippines, Mr. Albert F. Del Rosario; former Solicitor General Mr. Florin
T. Hilbay, Counsel for the Philippines; Mr. Paul S. Reichler; Professor
Philippe Sands; Professor Bernard H. Oxman; Professor Alan E. Boyle; Mr.
Lawrence H. Martin.
SUMMARY OF THE TRIBUNAL'S DECISIONS ON ITS JURISDICTION AND ON THE MERITS OF THE PHILIPPINES' CLAIMS
1. Background to the Arbitration
The South China Sea Arbitration between the Philippines and China
concerned an application by the Philippines for rulings in respect of four
matters concerning the relationship between the Philippines and China in the
South China Sea. First, the Philippines sought a ruling on the source of the
Parties' rights and obligations in the South China Sea and the effect of the
United Nations Convention on the Law of the Sea ("Convention") on China's
claims to historic rights within its so-called 'nine-dash line'. Second, the Philippines
sought a ruling on whether certain maritime features claimed by both China and
the Philippines are properly characterized as islands, rocks, low-tide
elevations or submerged banks under the Convention. The status of these
features under the Convention determines the maritime zones they are capable of
generating. Third, the Philippines sought rulings on whether certain Chinese
actions in the South China Sea have violated the Convention, by interfering
with the exercise of the Philippines' sovereign rights and freedoms under the
Convention or through construction and fishing activities that have harmed the
marine environment. Finally, the Philippines sought a ruling that certain
actions taken by China, in particular its large-scale land reclamation and
construction of artificial islands in the Spratly Islands since this
arbitration was commenced, have unlawfully aggravated and extended the Parties'
dispute.
The Chinese Government has adhered to the position of neither
accepting nor participating in these arbitral proceedings. It has reiterated
this position in diplomatic notes, in the "Position Paper of the Government of the
People's Republic of China on the Matter of Jurisdiction in the South China Sea
Arbitration Initiated by the Republic of the Philippines" dated 7 December 2014
("China's Position Paper"), in letters to members of the Tribunal from the
Chinese Ambassador to the Kingdom of the Netherlands, and in many public statements.
The Chinese Government has also made clear that these statements and documents
"shall by no means be interpreted as China's participation in the arbitral
proceeding in any form."
Two provisions of the Convention address the situation of a party
that objects to the jurisdiction of a tribunal and declines to participate in
the proceedings:
(a) Article 288 of the Convention provides that: "In the
event of a dispute as to whether a court or tribunal has jurisdiction, the
matter shall be settled by decision of that court or tribunal."
(b) Article 9 of Annex VII to the Convention provides
tha