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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 of Japan
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