顾维钧在1919年巴黎和会上拒签对德和约(9)

　　As to the agreements referred to by the Plenipotentiary from Japan, Mr. Koo presumed that reference was to the treaties and notes made in consequence of the negotiations on the twenty-one demands in 1915. It was not necessary to describe in detail the circumstances which were, to say the least, disconcerting to the Chinese Government, as the latter was constrained to agree to them only after an ultimatum from Japan. Quite apart from the circumstances of their making, however, they were at best, in the view of the Chinese Government, only provisional cause they were questions arisen from the war.

　　Furthermore, even if the treaties and notes had been entirely valid, the face of China’s declaration on Germany had altered the situation in such a way that on the principle of rebus sic stantibus they could not be enforced today. China had been made to agree with Germany on the disposition of Germany’s rights, privileges and concessions in Shantung. But the provision did not prelude China’s joining the war nor did it prevent China from participating in this Conference as a belligerent; nor could it therefore prelude her from demanding Germany direct restitution of her rights.

　　Moreover, in her declaration of war against Germany, China expressly stated that all treaties and conventions concluded between China and Germany should be considered as nullified by the state of war between them. If then the leased convention had been so terminated, the leased territory of Kiaochow and such other rights and privileges enjoyed by Germany in Shantung had all reverted to China as the territorial sovereign.

　　Even if the lease had not been terminated by China’s declaration of war, Germany would be incompetent to transfer it to any other power than China because of an express provision therein against transfer to another power.

本文摘自《钱其琛作序推荐》

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　　 世界发生了重大而又深刻的变化，我们的时代已经从战争与革命的时代进入了以和平与发展为主题的时代。在以和平与发展为主题的时代里，外交的作用上升，事实上中国的外交已经迎来了一个黄金时期。吴建民同志这本《外交案例》用作教材我认为是一件好事。