→ Dolls:上流藍說法:無主地先佔 推 211.20.41.196 04/03
※ 編輯: BT2 來自: 59.104.159.106 (12/11 15:11)
※ 編輯: BT2 來自: 59.104.159.106 (12/11 15:11)
http://www.gainfo.org/SFPT/SanFranciscoPeaceTreaty1951.htm
雖說歷史已成歷史, 但對台灣將來仍能產生重大影響的過去事實,
不得不讓大家知道
舊金山和約的原文, 明訂日本放棄台澎金馬, 但並沒有說是 "歸還中國"
而國民黨在課本內騙大家說, 國民政府依 "開羅宣言" 收復台灣,
殊不知, 稍通法律的人一看就瞭 "開羅宣言" 只是戰勝國參與後發的一紙新聞稿,
沒人在上面簽字, 壓根子在國際上與法無效
新聞稿的地位就像你在你家自行召開記者會,
說 "隔壁家的院子是我的" 之類自爽的話一樣不具法律效力
然真正是 "treaty" (條約) 的舊金山和約, 才是具法律依據的國際公法,
卻被國民黨硬翻成 "和約", 不仔細看還以為沒什麼哩
以下找出原文, po 出與台灣相關的部分供大家參考,
請大家更正以往錯誤誤以為國民黨侵占台灣是與法有據的觀念!
(請詳閱第二章-領土篇的第二條(b))
TREATY OF PEACE WITH JAPAN
Signed at San Francisco, 8 September 1951
Initial entry into force: 28 April 1952
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.
(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.
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