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中华民国与美利坚合众国间共同防御条约

来源:www.lagxw.com 来源:两岸关系网 发布时间:2016-08-06 11:14:55

签订日期         民国 43 12 02

生效日期         民国 44 03 03

                

本条约缔约国

兹重申其对联合国宪章之宗旨与原则之信心,及其与所有人民及政府和平相处之愿望,并欲增强西太平洋区域之和平结构;以光荣之同感,追溯上次大战期间,两国人民为对抗帝国主义侵略,而在相互同情与共同理想之结合下,团结一致并肩作战之关系;愿公开正式宣告其团结之精诚,及为其自卫而抵御外来武装攻击之共同决心,俾使任何潜在之侵略者不存有任一缔约国在西太平洋区域立于孤立地位之妄想;并愿加强两国为维护和平与安全而建立集体防御之现有努力,以待西太平洋区域更广泛之区域安全制度之发展:兹议定下列各条款:

第一条  本条约缔约国承允依照联合国宪章之规定,以不危及国际和平、安全与正义之和平方法,解决可能牵涉两国之任何国际争议,并在其国际关系中,不以任何与联合国宗旨相悖之方式,作武力之威胁或使用武力。

第二条  为期更有效达成本条约之目的起见,缔约国将个别并联合以自助及互助之方式,维持并发展其个别及集体之能力,以抵抗武装攻击,及由国外指挥之危害其领土完整与政治安定之共产颠覆活动。

第三条  缔约国承允加强其自由制度,彼此合作,以发展其经济进步与社会福利,并为达到此等目的,而增加其个别与集体之努力。

第四条  缔约国将经由其外交部部长或其代表,就本条约之实施随时会商。

第五条  每一缔约国承认对在西太平洋区域内任一缔约国领土之武装攻击,即将危及其本身之和平与安全。兹并宣告将依其宪法程序采取行动,以对付此共同危险。任何此项武装攻击及因而采取之一切措施,应立即报告联合国安全理事会。此等措施应于安全理事会采取恢复并维持国际和平与安全之必要措施时予以终止。

第六条  为适用于第二条及第五条之目的,所有「领土」等辞,就中华民国而言,应指台湾与澎湖;就美利坚合众国而言,应指西太平洋区域内在其管辖下之各岛屿领土。第二条及第五条之规定,并将适用于经共同协议所决定之其他领土。

第七条  中华民国政府给予,美利坚合众国政府接受,依共同协议之决定,在台湾澎湖及其附近,为其防卫所需要而部署美国陆海空军之权利。

第八条  本条约并不影响,且不应被解释为影响,缔约国在联合国宪章下之权利及义务,或联合国为维持国际和平与安全所负之责任。

第九条  本条约应由中华民国与美利坚合众国各依其宪法程序予以批准,并将于在台北互换批准书之日起发生效力。

第一○条  本条约应无限期有效。任一缔约国得于废约之通知送达另一缔约国一年后予以终止。

为此,下开各全权代表爰于本条约签字,以昭信守。本条约用中文及英文各缮二份。

中华民国四十三年十二月二日订于华盛顿。

公历一千九百五十四年

                                中华民国代表:

                                叶公超 (签字)

                                美利坚合众国代表:

                                杜勒斯 (签字)

 

 

Mutual Defense Treaty Between the United States and the Republic of China

December 2, 1954

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 I

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 II

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 III

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 IV

The Parties, through their Foreign Ministers or their deputies, will consult together from time to time regarding the implementation of this Treaty.

ARTICLE V

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.

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 VI

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 VII

The Government of the Republic of China grants, and the Government of the United States 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 VIII

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 IX

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.(2)

ARTICLE X

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.

(1) TIAS 3178; 6 UST 433-438. Ratification advised by the Senate Feb. 9, 1955; ratified by the President Feb. 11, 1955; entered into force Mar. 3, 1955. Back

(2) Instruments of ratification were exchanged Mar. 3, 1955. Back