围绕1923年废除“二十一条”法理问题的中日交涉辨析

Research Report of the Negotiation between China and Japan on the Legal Issue of Abolishing the 'Twenty-one demands' in 1923

1923年3月10日北京政府正式向日本提出废除"二十一条"的照会。中国要求废约的法理依据是"情势变迁"而条约不适用,单方面宣布条约无效,进而推动修改条约。日本一方面运用国际法对中方废约要求进行反驳,另一方面积极与英美列强沟通。英美等国虽然不赞成中国的废约行动及其法律依据,但为了自身利益也不愿支持中日交涉中的日方。日本虽然坚持《民四条约》在法理上的效力,但在国际正义、道德上已受到削弱。北京政府此次废约交涉失败了,却看到国际情势对己有利的变化和国际法观念的逐渐转变,开始协调与各列强关系的同时,加强对国际法的研究,寻求弱国在强国主导的世界之下,实现收回国权的手段。为此后中国的修约、废约外交提供了方法与经验。

On March 10th, 1923, the Beijing Government officially demanded Japan to abolish the ＂Twenty-one Demands＂ . The legal principle basis of abolishment of the ＂Twenty-one Demands＂ are ＂principle of change of circumstances＂ that made the treaty does not apply in this case and ＇unilateral declaration of invalidity＇ And then facilitate treaty revisions between China and Japan. On one hand, Japan untroubled but firmly rejected the denunciation requirement from China＇s official, then refuted those arguments presented by China from the perspective of international law. On the other hand, Japan actively communicated with the western powers in advance. Countries such as Britain and America, though not in favor of Chinese legal principle basis of abolishment of the ＂Twenty-one Demands＂ , but they would not support Japan＇s position because of their own interests. Although Japan persevered in the effectiveness of the treaty on the legal theory, in the aspect of international justice has been weakened. The negotiation of abolishing the ＂Twenty-one demands＂ between China and Japan in 1923 was failed, but it spurs the Beijing government to see the change of international situation in favor of China and gradual change in the concept of international law. China has begun to coordinate relations with the western powers, and also strengthen the study of international law, in order to seek methods of taking back the interests of the state under the law of the jungle. This Sinn-Japan Negotiation provided experience for the diplomacy of amending and abolishing treaties after that.