Churchill, together with their respective military and diplomatic advisors,
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 expansions. 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 preservere in the serious
and prolonged operations necessary to procure the unconditional surrender
of Japan."
翻译
1943年12月1日
羅斯福總統、 蔣中正委員長、邱吉爾首相及其各自的軍事和外交顧問結束在北非的會議。
發表集體聲明如下：
「三國軍事方面人員，對於今後對日作戰計畫，已獲得一致意見。三大盟國決以不鬆弛之壓力，從海陸空各方面加諸殘暴之敵人，此項壓力，已經在增長之中。」
「我三大盟國此次進行戰爭之目的，在制止及懲罰日本之侵略，三國絕不為自己圖利亦無拓展疆土之意思。三國之宗旨，在剝奪日本自一九一四年第一次世界 大戰開始後，在太平洋上所奪得或佔領之一切島嶼，及日本在中國所竊取之領土，如東北四省臺灣澎湖列島等歸還中華民國。其他日本以武力或貪欲所攫取之土地， 亦務將日本驅逐出境。我三大盟國稔知朝鮮人民所受之奴隸待遇，決定在相當時期使朝鮮自由獨立。」
「基於以上各項目的，三大盟國將繼續堅忍進行其重大而長期之戰鬥，以獲得日本無條件之投降。」
波斯坦公告：
Proclamation Defining Terms for Japanese Surrender
Issued, at Potsdam, 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, will 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
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.
美、英、中三國政府領袖公告：
(一)余等：美國總統、中國國民政府主席及英國首相代表余等億萬國民，業經會商，並同意對日本應予以一機會，以結束此次戰事。
(二)美國、英帝國及中國之龐大陸、海、空部隊，業已增強多倍，其由西方調來之軍隊及空軍，即將予日本以最後之打擊，彼等之武力受所有同盟國之決心之支持及鼓勵，對日作戰，不至其停止抵抗不止。
(三)德國無效果及無意抵抗全世界激起之自由人之力量，所得之結果，彰彰在前，可為日本人民之殷鑒。此種力量當其對付抵抗之納粹時，不得不將德國人 民全體之土地、工業及其生活方式摧殘殆盡。但現在集中對待日本之力量則較之更為龐大，不可衡量。吾等之軍力，加以吾人之堅決意志為後盾，若予以全部實施， 必將使日本軍隊完全毀滅，無可逃遁，而日本之本土亦必終歸全部殘毀。
(四)現時業已到來，日本必須決定一途，其將繼續受其一意孤行計算錯誤，使日本帝國已陷于完全毀滅之境之軍人之統制，即或走向理智之路。
(五)以下為吾人之條件，吾人決不更改，亦無其他另一方式。猶豫遷延，更為吾人所不容許。
(六)欺騙及錯誤領導日本人民使其妄欲征服世界者之威權及勢力，必須永久剔除。蓋吾人堅持非將負責之窮兵黷武主義驅出世界，則和平安全及正義之新秩序勢不可能。
(七)直至如此之新秩序成立時，及直至日本製造戰爭之力量業已毀滅，有確定可信之証據時，日本領土經盟國之指定，必須佔領，俾吾人在此陳述之基本目的得以完成。
(八)《開羅宣言》之條件必將實施，而日本之主權必將限於本州、北海道、九州、四國及吾人所決定之其他小島之內。
(九)日本軍隊在完全解除武裝以後，將被允許返其家鄉，得有和平及生產生活之機會。
(十)吾人無意奴役日本民族或消滅其國家，但對於戰罪人犯，包括虐待吾人俘虜在內，將處以法律之裁判，日本政府必須將阻止日本人民民主趨勢在內之復興及增強之所有障礙予以消除，言論、宗教及思想自由以及對於基本人權之重視必須成立。
(十一)日本將被允許維持其經濟所必需及可以償付貨物賠款之工業，但可以使其重新武裝作戰之工業不在其內。為此目的，可准其獲得原料，以別于統制原料，日本最後參加國際貿易關係當可准許。
(十二)上述目的達到及依據日本人民自由之意志成立一傾向和平及負責之政府后，同盟國佔領軍隊當即撤退。
(十三)吾人通告日本政府立即宣布所有日本武裝部隊無條件投降，並對此種行動誠意實行予以適當之各項保証，除此一途，日本即將迅速完全毀滅。
日本投降书：
Proclamation Defining Terms for Japanese Surrender
Issued, at Potsdam, 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, will 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
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.
旧金山和平条约
TREATY OF PEACE WITH JAPAN
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 29deg. 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:
T.V. HUU
T. VINH
D. THANH
BUU KINH
For Japan:
Shigeru YOSHIDA
Hayato IKEDA
Gizo TOMABECHI
Niro HOSHIJIMA
Muneyoshi TOKUGAWA
Hisato ICHIMADA
汉译文
对日本和平条约---
鉴於联盟国与日本之彼此关系，今后将以主权平等、友好合作，来增进共同福祉、维持
国际和平与安全，从而，决意签订和平条约以解决交战双方存留之问题与交战状态。
日本宣示加入联合国并遵守联合国宪章原则，努力实现世界人权宣言，在日本国内创造
符合联合国宪章第 55 条与第 56 条、日本战后立法，以及在公私贸易与商业上符合国
际惯例之安定与福祉条件。
鉴於联盟国欢迎日本宣示前述意愿；联盟国与日本决议缔结本条约，任命以下全权代表
并於其表明其全权委任状后，同意以下条款：
【第 1 章 和平】
第 1 条 【战争状态结束、承认日本主权】
a. 日本与各联盟国之战争状态，依据本条约第 23 条之规定，为自日本与各联盟国之
条约生效日起结束。
b. 联盟国承认日本与其领海之日本国民之完全主权。
第 2 章 领土 第二章 领域
第 2 条 【领土放弃】
a. 日本承认朝鲜的独立，并放弃对朝鲜包括济州岛、巨文岛与郁陵岛之所有权利、名
器与请求权。
b. 日本放弃对台湾、澎湖之所有权利、名器与请求权。
c. 日本放弃对千岛群岛、 1905 年 9 月 5 日获得之库页岛部分，以及邻近各岛屿之
所有权利、名器与请求权。
d. 日本放弃国际联盟委任统治相关之所有权利、名器与请求权，同时接受联合国安全
理事会於 1947 年 4 月 2 日所采取有关日本前述太平洋岛屿委任统治地之信托统治安
排。
e. 日本放弃因为日本国家或国民在南极地区活动所衍生之所有权利、名器或利益之请
求权。
f. 日本放弃对南沙群岛与西沙群岛之所有权利、名器与请求权。
第 3 条 【信托统治】
日本同意美国对北纬 29 度以南之西南群岛 ( 含琉球群岛与大东群岛 ) 、孀妇岩南方
之南方各岛 ( 含小笠原群岛、西之与火山群岛 ) ，和冲之鸟岛以及南鸟岛等地送交联
合国之信托统治制度提议。在此提案获得通过之前，美国对上述地区、所属居民与所属
海域得拥有实施行政、立法、司法之权利。
第 4 条 【财产】
a. 依据本条 b. 款之规定，在第 2 条所列举区域内，对目前正管理该地区之当局与其
居民 ( 包含法人在内 ) ，就日本与日本国民之财产、请求权与债务之处分，以及该当
局对日本与日本国民，就该当局与其居民在日本之财产与包含债务在内之请求权之处分
，应依据日本与该当局之特别协议为之。第 2 条所列举区域内之联盟国与其国民财产
且目前尚未归还者，应由管理当局依现状归还 ( 前项所称之国民，在本条约中皆包括
法人 ) 。
b. 日本承认前述第 2 条与第 3 条中美国军事政府对日本与日本国民财产处分的有效
性。
c. 依据本条约，日本所掌握连结至日本之海底电缆将予以等分。日本拥有者为日本端
之设备与该电缆之一半，以及分离领域所余电缆和其端点设备。
第 3 章 安全 第三章 安全
第 5 条 【联合国之集体防卫、自卫权】
a. 日本接受规定於联合国宪章第 2 条所规定之义务。
i. 以前述和平方式解决国际争端，以免危及国际和平与安全、正义。
ii.在国际关系上，对国家领土完整或政治独立，且符合联合国成立之目的上，谨慎使
用威吓或武力。
iii. 支援联合国符合宪章之各项行动，且对联合国采取预防或强制行动的国家谨慎提
供协助。
b. 联盟国确认与日本之关系，将依据联合国宪章第 2 条之原则为之。
c. 联盟国承认，身为主权国家之日本，依据联合国宪章第 51 条之规定，拥有个别或
集体自卫权等固有权利，同时日本得自主缔结集体安全协议。
第 6 条 【占领结束】
a. 自本条约生效之后，所有联盟国占领军应尽速自日本撤出，此项撤军不得晚於本条
约生效后 90 日。若日本与联盟国缔结有关外国军队驻扎或保有於日本领土之双边或多
边协定者，不受本条规定所限。
b. 依据 1945 年 7 月 26 日波次坦宣言第 9 条有关日本军队撤退回国之条款，若尚
未完成者，得持续执行。
c. 所有被占领军所徵用但尚未获得补偿之日本财产，以及本条约生效时占领军所占有
之日本财产，非经其他双边协议之安排，应於 90 日内归还日本政府。
第 4 章
政治及经济条款
第 7 条 【两国间条约之效力】
a. 各联盟国於本条约在个别联盟国与日本生效 1 年期限内，得通告日本就其战前与日
本签定之双边条约或协约是否持续有效或重新生效。前述条约与协约之持续有效或重新
生效之修正通知，应基於符合本条约之精神。此条约与协约於通告日本且向联合国秘书
处登记后 3 个月起，将视为持续有效或重新生效。所有前述条约或协约，未通告日本
者视为无效。
b. 依据本条 a. 款，在国际关系上拥有通告责任之联盟国，对条约或协约之持续有效
或重新有效得有除外条件。此除外条件，在通告日本 3 个月后终止其适用。
第 8 条 【承认终战相关条约、放弃定条约之权益】
a. 日本承认联盟国自 1939 年 9 月 1 日起为终止战争状态所定条约之有效性，日本
亦承认联盟国为恢复和平之议决。日本亦接受先前之国际联盟与常设国际法院所为终止
战争之决议。
b. 日本放弃做为下述条约签署国所衍生之一切权利与利益，即 1919 年 9 月 10 日之
《 St. Germain-en-Laye 协约》、 1936 年 7 月 20 日之《 Montreux 海峡协议》，
以及 1923 年 7 月 24 日签订於洛桑之《与土耳其和平条约》。
c. 日本放弃下述一切获得且履行义务之权利、名器与利益，即 1930 年 5 月 17 日《
德意志与债权国之协议》与附属文件，包括《信托协议》，以及 1930 年 1 月 20 日
有关「国际清算银行」，与「国际清算银行规约」。日本将於本约首次生效 6 个月内
，通告巴黎之外交部长有关本款前述所放弃之权利、名器与利益。
第 9 条 【渔业协定】 日本将立即就有关公海之限制渔捞、渔业保存与发展等议题与
联盟国进行协商，并订立双边或多边协议。
第 10 条 【中国相关权益】
日本放弃，一切有关中国之特别权利与利益，包括源自 1901 年 9 月 7 日签署於北京
之最后议定书条款、其附件、书简与文件所衍生之对中国的利益与特权；同时，同意放
弃前述议定书条款、其附件、书简与文件。
第 11 条 【战争罪刑】
日本接受在日本领土内外之「远东国际军事法院」，与「联盟国战争罪刑法院」之判决
，并承诺将执行就前述拘禁於日本之日本国民之判决。联盟国对前述拘禁犯之赦免、减
刑与假释，基於单一或多数联盟国政府之个别考量，或基於日本政府之建议，得不予执
行。受「远东国际军事法院」判决确定者，除经法庭之联盟国政府代表多数议决，以及
基於日本政府之建议，得不予执行。
第 12 条 【通商航海条约】
a. 日本宣示，将在稳定与友好关系上，尽速与各联盟国就有关贸易、海运与其他商务
关易之条约或协定进行协商。
b. 至相关条约或协定签署为止，日本将在本条约首先生效日起 4 年内，承诺以下事项
：
-1- 同等对待各联盟国、国民、产品与船舶相关之下列项目:
i.有关货物进出口之关税、费用、限制与其他规约等最惠国待遇。
ii.有关海运、航行与进口货物，以及有关自然人、法人与其利益之国民待遇。此项国
民待遇包括课税与徵收、接受法院裁判权利、契约之签订与履行、财产所有权 ( 有形
与无形 ) 、日本法律下参与法人组织，以及一般商业与专业活动等事项。
-2-
c. 确保日本国营贸易事业对外采购与销售应仅基於商业因素考虑。
日本应在各联盟国给予对等待遇之条件下，给予该联盟国国民待遇、或最惠国待遇。前
项互惠依下述原则：联盟国非本国之货物、船舶和法人、住民，以及拥有联邦体制联盟
国之邦、州的法人、住民，给予日本对等的地域、邦或州之待遇为之。
d. 本条之适用，不得因当事国所实施商务条约之通常例外性歧视规定，而减损国民待
遇或最惠国待遇。亦不得为保护该当事国之涉外财政地位或国际收支 ( 海运或航海相
关事项为例外 ) ，或以适切、任意或不合理手段以维护重大安全利益等理由，而减损
国民待遇或最惠国待遇。
e. 日本依据本条所应负担之义务，不受本条约第14条任何联盟国权利行使之影响。本
条条文亦不得解释为依本条约第 15 条日本所承诺的限制。
第 13 条 【国际民航】
a. 日本在联盟国要求下，将尽速与之协商双边或多边国际民用航空协定。
b. 在前述协定签署前，日本将於本条约首次生效起 4 年内，给予该联盟国不低於在此
生效日时该联盟国已拥有之航空交通权利与特权，包括有关航空服务业务与发展之均等
机会。
c. 在成为「国际民用航空协定」成员国前，依据其第 93 条之规定，日本将实施适用
飞行器之国际航空规定，以及将实施同项条约附属文件之标准、方式与手续。
第 5 章 所有权与财产
第 14 条 【赔偿、在外国财产】
a. 联盟国承认：日本应赔偿联盟国战中所生的一切损害与痛苦，但因日本目前拥有的
资源不足以支持一个自主的经济体，且不足以完全赔偿前述之一切损害与痛苦。
因此，
1. 对国土尚被日本军队占领且因日本而受损害需要接受赔偿且经联盟国同意者，应透
过日本人的劳役以恢复生产、打捞沈船与其他相关作业而需费用之国家，日本将尽速与
其就前述损害之赔偿进行协商。此项赔偿不得加诸额外负担，若有原料制造之需，此原
料应由联盟国考虑后供给，以免日本承受汇兑负担。
2. (I) 受以下 (II) 条款限制，各联盟国拥有逮捕、留置、清算或处分下数财产、权
利与利益之权力；
(a) 日本及日本国民 (b) 日本之代理人、代表，或日本国民，以及 (c) 日本或日本人
所拥有或主控的实体 此项财产、权利与利益，包括现为联盟国所封锁、隶属、拥有或
控制，但为前述 (a) 、 (b) 、 (c) 所拥有、持有或管理之敌国财产。
(II) 以下为前述 (I) 之例外
i.日本自然人於战时合法居留於非日本占领区域之联盟国国境内者所拥有之财产，但此
财产受战时法规所限，且在本条约首次生效日时尚未解除者除外。
ii.日本政府所拥有，以及供外交、领事目的之所有不动产、家具和固定物，以及所有
日本外交、领事人员所拥有非具有外交或领事功能之个人家具与陈设以及其他非具有投
资性质之私有财产。
iii.宗教法人或私立慈善机构所拥有并以宗教或慈善为目的之财产
iv.1945 年 9 月 2 以后由於恢复与日本贸易与金融关系而划归该联盟国之财产、权利
与利益，但若其来源与联盟国法律抵触者例外。
v.日本或日本国民之债务、任何位於日本之有形资产之权利、名器或利益、依据日本法
律所成立的企业组织、或相关文书资料。但仅能以日本货币表示之日本和日本国民之债
务者除外。
(III) 前述 i. 至 v. 有关财产之例外规定，在支付合理保存与管理费用下，应予以归
还。但此财产已被清算者，应归还其收入。
(IV) 前述 (I) 所述之逮捕、留置、清算或处分财产之权利，需遵守联盟国相关法律规
定。所有权人需於前项法律授权下，始得拥有此权利。
(V) 联盟国同意以各国所通用且对日本有利之方式处理日本商标、文学与艺术财产权。
b. 除本条约另有规定，联盟国放弃赔偿请求权、联盟国与其国民放弃其他於战争期间
被日本及日本国民战争行为之赔偿请求权，以及放弃占领之直接军事费用请求权。
第 15 条 【归还联盟国财产】
a. 本条约在日本与各联盟国首次生效日起 9 个月内申请者，於前述申请日期起 6 个
月内，日本将归还该联盟国与其国民自 1941 年 12 月 7 日起至 1945 年 12 月 2 日
止位於日本之有形与无形财产、任何形式之一切权利或利益，除非其所有权人已在无威
胁与无诈欺状况下自由处分上述财产。上述财产於免除战争所课与之负担与费用后应归
还原所有权人，此项归还不得收取费用。前项财产由於所有权人或其政府的原因，以致
无法於规定期限内申请者，日本政府得处分其财产。若此 1941 年 12 月 7 日在日本
之财产已无法归还，或者因战争而受损坏者，将依据日本内阁 1951 年 7 月 13 日所
通过之「联盟国财产赔偿法」，给予不低其条件之赔偿。
b. 有关受战争所损害之工业所有权，日本将持续授予联盟国及其国民不低於 1949 年
9 月 1 日生效之「第 309 号内阁政令」、 1950 年 2 月 28 日生效之「第 12 号内
阁政令」，以及 1950 年 2 月 1 日生效之「第 9 号内阁政令」，以及其修订政令之
利益。但前述国民应於时限内申请。
c.
i.日本认知：联盟国与其国民於 1941 年 12 月 6 日已在日本出版或未出版之文学与
美术财产权自该日起持续有效，且承认上述权利，此项权利不因日本与他国签订之公约
或协定，但由於战争之故致使日本或该联盟国因国内法之规定予以废止或停止而无效。
ii.自 1941 年 12 月 7 日起至本条约日本与联盟国个别生效日止，此权利不需经所有
权人申请，亦不得因手续而支付任何费用或补偿，但期限之计算应扣除通常期限，同时
加算此文学作品翻译为日文版以取得日文翻译权之 6 个月时间。
第 16 条 【非联盟国之日本财产】
联盟国军队成员为日本所俘虏而遭致不当待遇且提出赔偿要求者，日本得转移其自身与
国民在战争时位於中立国或与联盟国敌对国家之财产为之，或为前述战争俘虏与其家属
之利益，得移转前述财产予「国际红十字会」俾其清算与衡平分配予适切之国家当局，
但依据本条约第 14 条 (a) 2. (II) ii. 至 v. 所示种类之财产，以及本条约首次生
效日起非居住於日本之日本自然人财产为除外。日本财政当局所拥有之国际清算银行
19,770 股，亦不得适用本条之移转规定。
第 17 条 【判决再审查】
a. 若联盟国要求，日本政府应基於国际法检视与修正「日本战时掳获物法庭」所为有
关该联盟国国民所有权之判决与命令，并应对相关案例提供所有文件之副本，包括判决
与命令。若经前述财产检视与修正确认应归还者，应适用第 15 条之规定处理。
b. 日本政府应在本条约与个别联盟国首次生效后1年内，采取必要措施以确保该联盟国
对日本主管当局提出下述重审要求之权益，即自 1941 年 12 月 7 日起至该生效日止
期间，该联盟国国民无法适切陈述之判决，无论该联盟国国民为原告或被告。就该联盟
国国民因判决而受损害者，日本政府应回复该员至该判决前之状态，或给予该案公正且
衡平有效的补偿。
第 18 条 【战前债务】
a. 战争状态不得影响战前已存在之债务与契约 ( 包括债券 ) 所衍生之金钱债务。此
项金钱债务包括日本政府、日本国民对个别联盟国之债务，或各联盟国、联盟国国民对
日本政府日本国民之债务。战争状态不得影响下列义务，包括财产损失或损害之请求权
，或个人因战争致身体受伤、死亡之请求权，或因各联盟国政府对日本政府、日本政府
对各联盟国提出或再提出之请求权。前项规定不得损及第 14 条所赋予之权利。
b. 日本确认对战前之国家涉外债务，以及日本做此宣示后团体之涉外债务责任。同时
，确认与债权人就债务之支付进行协商、鼓励其他战前请求权与义务之协商、促进此金
额之移转支付。
第 19 条 【放弃战争请求权】
a. 日本与日本国民放弃针对联盟国与联盟国国民，就战争或与战争状态持续相关之所
有请求权，同时放弃就本条约生效前联盟国军队与当局於日本领土之存在、职务行为或
行动之请求权。
b. 前项之放弃包括自 1939 年 9 月 1 日起至本条约生效日止，与日本船舶有关之联
盟国行为，亦包括战时被联盟国所掳获之日本战俘与平民拘留者之请求权与债务，但不
包括各联盟国自 1945 年 9 月 2 日后制订法律中所特别承认之日本人之请求权。
c. 以互惠放弃为条件，日本政府亦放弃所有就德国与德国国民因代表日本政府或日本
国民之所为行为之请求权 ( 包括债务 ) ，包括政府间请求权，以及战争中承受之损失
与损害，但不包括 1939 年 9 月 1 日以前所签署之契约与其取得之权利，亦不包括
1945 年 9 月 2 日后日本与德国因通商与金融关系所生之请求权。前项放弃不得抵触
本条约第 16 条与第 20 条之规定。
d. 日本承认占领期间占领当局或当时日本法律授权之所有做为与不做为措施之法律效
力，同时日本将不追究联盟国国民因此项做为与不做为措施所衍生之民事或刑事责任。
第 20 条 【德国财产】
依 1945 年「柏林会议」议定书之相关规定，就拥有位於日本之德国财产处分权的联盟
国，日本对此财产将采取必要措施。若联盟国对上述财产搁置最终处分，日本须负起保
存与管理之责任。
第 21 条 【中国与朝鲜之受益权】
中国与朝鲜不受本条约第 25 条规定之所限，中国应享有本条约第 10 条与第 14 条之
权益、朝鲜则享有本条约第 2 条、第 4 条、第 9 条与第 12 条之权益。
第 6 章 争议解决
第 23 条 【条约解释】
若本条约之任一当事国对本条约之解释与执行产生争议，而此争议未能援用特别主张委
员会或其他为众所同意之方式解决，此争议在任一当事国之请求，应送交「国际法庭」
裁决。日本与非「国际法庭规约」当事国之相关联盟国，在各当事国之本约批准文书后
，且符合「联合国安全理事会」 1946 年 10 月 15 日就接受本条款接受管辖权而无须
经特别协议之一般宣言之决议，得送交「国际法庭」。
第 7 章 最终条款
第 23 条 【批准、生效】
a. 本条约之签署国，包括日本在内，应经国会批准。本条约自日本之批准文书、以及
包含做为主要占领国的美利坚合众国之下述多数批准国送达之后，将对所有批准国家生
效，包括澳洲、加拿大、锡兰、法国、印尼、荷兰王国、纽西兰、巴基斯坦、菲律宾共
和国、大不列颠王国与北爱尔兰，以及美利坚合众国。本条约应自个别国家之批准书送
达后，对该批准国家个别生效。
b. 若本条约在日本批准文书送达后九个月内未生效，在任一批准国之正式通告日本政
府与美国政府后，本条约在日本与该批准国间迳自生效。但此正式通告应於日本之批准
书送达后三年内为之。
第 24 条 【批准书送存】
所有批准文书应送存美利坚合众国政府，美利坚合众国政府应依据本条约第 23 条 a.
之条约生效日，以及第 23 条 b. 通告规定，将前述送存通告各签署国。
第 25 条 【联盟国定义】
本条约所谓之联盟国，谓与日本进行战争之国家，或依据第 23 条所列举先前为该国一
部分领土的国家，而此国家已经签署并批准本条约者。依据第 21 条本条约不授与任何
权利、名器与利益予非前述联盟国之任何国家。日本之任何权利、名器与利益亦不得为
非属前述之联盟国，而引用本条约之规定以致於有所减少、损害。
第 26 条 【两国之间之和平】
日本将与任何或支持、签署 1942 年 1 月 1 日「联合国宣言」、或者与日本处於战争
状态国家、或依据第 23 条之列举先前为该国一部分领土的国家而此国家非本条约签署
国，在本条约实质上相同条件下，签订双边和平条约。但日本之此项义务，仅止於本条
约对个别联盟国首次生效日起 3 年内有效。若日本与任一国家签订和平协议或战争请
求协议，并赋予该国优於本条约所定之条款，此优惠待遇应自动扩及本条约所有签署国
。
第 27 条 【条约保管】
本条约应送存於美利坚合众国政府档案，而美国政府应转制官方副本给各相关签署国。
为昭信实，下列全权委员会签署本条约。
本条约以同等效力之英文、法文、西班牙文各版本以及日文版，於 1951 年 9 月 8 日
缔结於旧金山市。
批准国
本条约批准国，为 46 国 ( 依罗马字母顺序 ) 如下：
阿根廷
澳洲
比利时
波利维亚
巴西
柬埔寨
加拿大
智利
哥斯大黎加
古巴
多明尼加
厄瓜多
埃及
萨尔瓦多
衣索匹亚
法国
希腊
瓜地马拉
海地
宏都拉斯
伊朗
伊拉克
寮国
黎巴嫩
赖比瑞亚
墨西哥
荷兰
纽西兰
尼加拉瓜
挪威
巴基斯坦
巴拿马
巴拉圭
秘鲁
菲律宾
沙乌地阿拉伯
南非共和国
斯里兰卡
叙利亚
土耳其
大不列颠与北爱尔兰王国
美利坚合众国
乌拉圭
委内瑞拉
越南
日本
日美琉球群岛协定：
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 I
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 II
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 III
I. 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 lV
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 V
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 VI
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 VII
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 VIII
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 IX
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
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