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Yalta Agreement
Signed at Yalta, February 11, 1945
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 has terminated the Soviet Union shall enter into the 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 all islands adjacent to it shall be returned to the Soviet Union,
(b) the commercial port of Dairen shall be internationalized, the preeminent interests of the Soviet Union in this port being safeguarded and the lease of Port Arthur as a naval base of the USSR restored,
(c) the Chinese-Eastern Railroad and the South-Manchurian Railroad which provides an outlet to Dairen shall be jointly operated by the establishment of a joint Soviet-Chinese Company it being understood that the preeminent interests of the Soviet Union shall be safeguarded and that China shall retain full sovereignty in Manchuria ;
3.The Kuril islands shall be handed over to the Soviet Union.
It is understood, that the agreement concerning Outer-Mongolia and the port and railroads referred to above will require concurrence of Generalissimo Chiang Kai-shek. The President will take measures in order to obtain 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 its readiness to conclude with the National Government of China a pact of friendship and alliance between the USSR and China in order to render assistance to China with its armed forces for the purpose of liberating China from the Japanese yoke.
February 11, 1945
J. V. STALIN
FRANKLIN D. ROOSEVELT
WINSTON S. CHURCHILL
Signed at Yalta, February 11, 1945
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 has terminated the Soviet Union shall enter into the 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 all islands adjacent to it shall be returned to the Soviet Union,
(b) the commercial port of Dairen shall be internationalized, the preeminent interests of the Soviet Union in this port being safeguarded and the lease of Port Arthur as a naval base of the USSR restored,
(c) the Chinese-Eastern Railroad and the South-Manchurian Railroad which provides an outlet to Dairen shall be jointly operated by the establishment of a joint Soviet-Chinese Company it being understood that the preeminent interests of the Soviet Union shall be safeguarded and that China shall retain full sovereignty in Manchuria ;
3.The Kuril islands shall be handed over to the Soviet Union.
It is understood, that the agreement concerning Outer-Mongolia and the port and railroads referred to above will require concurrence of Generalissimo Chiang Kai-shek. The President will take measures in order to obtain 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 its readiness to conclude with the National Government of China a pact of friendship and alliance between the USSR and China in order to render assistance to China with its armed forces for the purpose of liberating China from the Japanese yoke.
February 11, 1945
J. V. STALIN
FRANKLIN D. ROOSEVELT
WINSTON S. CHURCHILL
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這是1945年2月11日美英蘇於蘇聯的雅爾達(Yalta)簽訂的協定,史稱"雅爾達密約",值得注意的是,這項密約並無中國簽字或同意,但是其中第二條卻擅自決定將大連旅順等港口的租借權給交予蘇聯.這被不少有心的台獨人士偽造為"雅爾達密約"否定"開羅宣言"中滿州歸還中華民國的承諾,並以此否定開羅宣言的效力.但事實上可以這樣解釋嗎?如果閣下了解"名義"(title)和"主權"(sovereignty)的差別,就知道兩者其實並無牴觸.
"title"一字, 中文將之譯成 "所有權" (ownership), 但事實上我們能將之解釋成與主權同義的所有權嗎? 查所有權者, 乃係私法上人對物之權利主張, 與主權乃是概念完全不相同的兩個名詞, 故 title 一字 本身, 事實上指一國對該領土的名義上權利, 與主權並不相同, 一國缺乏對該土地的名義上權利 (title) 並不代表對於該土地的主權 (sovereignty)不存在, 主權乃是名義上權利的上位概念. 國際上幾個相當顯著的例子諸如巴拿馬對巴拿馬運河沿線, WWII 之前的埃及對蘇伊世運河都是有 sovereignty 但卻無 title 的實例.
換言之大連及旅順等租界地的主權(sovereignty)事實上仍歸中國所有,但兩地的名義(title)是屬於蘇聯,雅爾達協定保障蘇聯對大連旅順的租借權並沒有否定開羅宣言滿州交還中國的承諾,由第二條第三項所說"中國續保持在滿州之完整主權......"亦可看出英美等國對開羅宣言滿州歸還中華民國的立場不容改變.
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