FACTOID # 18: Alaska spends more money per capita on elementary and secondary education than any other state.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Legal status of Taiwan
Republic of China (Taiwan)

Flag of Republic of China (Taiwan)
This article is part of the series:
Politics of the Republic of China,
Subseries of the Politics series The Republic of China (Traditional Chinese: 中華民國; Simplified Chinese: 中华民国; Wade-Giles: Chung-hua Min-kuo, Tongyong Pinyin: JhongHuá MínGuó, Hanyu Pinyin: Zhōnghuá Mínguó) is a state that currently administers the island groups of Taiwan, the Pescadores, Quemoy, and the Matsu. ... Republic of China flag, drawn by User: Kibinsky. ... The Republic of China (ROC) currently has jurisdiction over Taiwan, Kinmen, Matsu, and the Pescadores Islands (Penghu) and several smaller islands. ... Wikiquote has a collection of quotations related to: Politics Look up Politics in Wiktionary, the free dictionary Politics (disambiguation) Democracy History of democracy List of democracy and elections-related topics List of years in politics List of politics by country articles Political corruption Political economy Political movement Political parties of...

Fundamentals:

Constitution - National Assembly
Three Principles of the People The National Assembly (Chinese: 國民大會, pinyin: Gúomín Dàhùi) was the constitutional convention (and formerly an electoral college) of the Republic of China on Taiwan. ... The Three Principles of the People (Traditional Chinese: 三民主義 ; Pinyin: Sān Mín ZhÇ”yì ; Wade-Giles: San-min Chu-i), also translated as Three Peoples Principles, or collectively Sanmin Doctrine, is a political philosophy developed by Sun Yat-sen as part of a program to make China a...


Executives:
President: Chen Shui-bian
Premier: Frank Hsieh The Office of the President of the Republic of China is located in Zhongzheng District, Taipei City. ... Chen Shui-bian, President of the Republic of China Chen Shui-bian (ch. ... The President of the Executive Yuan (行政院長), colloquially referred to as the Premier (閣揆), is the head of the Executive Yuan or executive branch of the Republic of China government which currently administers Taiwan. ... Frank Chang-ting Hsieh Frank Chang-ting Hsieh (Chinese: 謝長廷; pinyin: ; Wade-Giles: Hsieh Chang Ting; POJ: Siā Tiông-têng or Chiā Tiông-têng) (born May 18, 1946), a politician of the Democratic Progressive Party, was the mayor of Kaohsiung City until his appointment as...


Branches:
Executive - Legislative - Judicial
Control - Examination
The Legislative Yuan building in Zhongzheng District, Taipei City (the view is blocked by the childrens hospital building of the National Taiwan University Hospital). ... The Judicial Yuan (司法院) is one of five branches of the Republic of China government in Taipei and serves as the highest judicial organ in Taiwan. ... The Control Yuan building The Control Yuan main entrance The Control Yuan (監察院; pinyin: Jiānchá Yùan), one of five branches of the Republic of China government in Taipei, is a watchdog agency that monitors (controls) the government. ... The Examination Yuan (考試院) is one of five government branches of the Republic of China and is in charge of validating the qualification of civil servants. ...


Parties:
Political parties - Elections Political parties in Taiwan lists political parties in Taiwan (Republic of China). ... Elections in Taiwan gives information on election and election results in the Republic of China (Taiwan). ...


Status:
Political status - Legal status
Independence - Reunification
Taiwan Strait Area The political status of Taiwan is a controversy over whether Taiwan, including the Pescadores (Penghu), should remain the effective territory of the Republic of China (ROC), become unified with the territories now governed by the Peoples Republic of China (PRC), or become the Republic of Taiwan. ... Chinese reunification is a goal of Chinese nationalism which is the unification of all of China under a single political entity. ...


Relations:
PRC relations - ROC relations
Cross-Strait - 1 China - 2 systems The foreign relations of the Peoples Republic of China draws upon traditions extending back to China in the Qing dynasty and the Opium Wars, despite China having undergone some radicial upheavals over the past two centuries. ... // International disputes The political status of the Republic of China on Taiwan is itself controversial and described in political status of Taiwan. ... Taiwan Strait Cross-Strait Relations, or Relations across the Taiwan Strait, deals with the complex relationship and interactions between the Mainland China (which sits on the west of Taiwan_Strait) and Taiwan (which is located in the east of the Strait). ... One country, two systems (Simplified Chinese: 一国两制; Traditional Chinese: 一國兩制; pinyin: yì; guó liǎng zhì; Jyutping: jat1 gwok3 loeng5 zai3; Yale: yāt gwok leúhng jai), is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the Peoples Republic of China (PRC), for the unification of China. ...

Politics portal

The legal question of which legal entity holds de jure sovereignty over Taiwan is a controversial issue. Various legal claims have been made by the People's Republic of China (PRC), the Republic of China (ROC), and supporters of Taiwan independence over this question, with a variety of arguments advanced by all sides. The question has significant bearing on the political status of Taiwan, and touches upon many aspects of international law. On a de facto basis, sovereignty over Taiwan is exercised by the Republic of China. This article is intended only to describe Taiwan's sovereignty status on a de jure basis. National motto: None Official language Mandarin Chinese Capital and largest city Taipei President Chen Shui-bian Premier Frank Hsieh Area  - Total  - % water Ranked 138th 35,980 km² 2. ... Taiwan independence (Chinese: 台灣獨立, pinyin: Táiwān dúlì, Taiwanese Romanization: Tâi-oân To̍k-li̍p; abbreviated to 台獨, Táidú, Tâi-to̍k) is a political movement whose goal is primarily to create an independent and sovereign Republic of Taiwan (out of the lands currently administered... Taiwan Strait Area The political status of Taiwan is a controversy over whether Taiwan, including the Pescadores (Penghu), should remain the effective territory of the Republic of China (ROC), become unified with the territories now governed by the Peoples Republic of China (PRC), or become the Republic of Taiwan. ... International law, is the body of law that regulates the activities of entities possessing international personality. Traditionally, that meant the conduct and relationships of states. ...

Contents


Historical overview

Taiwan and associated lands, also called "Formosa and the Pescadores", was permanently ceded by the Qing Dynasty to Japan via Articles 2b and 2c of the Treaty of Shimonoseki in May 8, 1895 in one of what the Chinese term as an unequal treaty. Quemoy and Matsu Islands on the coast of Fukien, and the islands in the South China Sea currently administered by the Republic of China on Taiwan were not part of the cession. The Pescadores Islands (Chinese: 澎湖群島; Wade-Giles: Peng-hu; Pinyin: Pénghú, from Portuguese, fishermen) are an archipelago in the Taiwan Strait. ... The Qing Dynasty (Manchu: daicing gurun; Chinese: 清朝; pinyin: qÄ«ng cháo; Wade-Giles: ching chao), sometimes known as the Manchu Dynasty, was founded by the Manchu clan Aisin Gioro, in what is today northeast China, expanded into China proper and the surrounding territories of Inner Asia, establishing... The Shunpanrō hall where the Treaty of Shimonoseki was signed The Treaty of Shimonoseki (Japanese: 下関条約, Shimonoseki Jōyaku), known as the Treaty of Maguan (T. Chinese: 馬關條約, S. Chinese: 马关条约;) in China, was signed at the Shunpanrō hall on April 17, 1895 between the Empire of Japan and the Qing Empire. ... May 8 is the 128th day of the year in the Gregorian Calendar (129th in leap years). ... 1895 was a common year starting on Tuesday (see link for calendar). ... ... Quemoy, Kinmen, or Chinmen (金門, pinyin: Jīnmén, POJ: Kim-mn̂g) (pop. ... The Matsu Islands (馬祖列島 or less frequently, 馬祖群島 Pinyin: MÇŽzÇ”) are a minor archipelago of 19 islands and islets in the Taiwan Strait administered as Lienchiang County (連江 Pinyin: Liánjiāng), Fukien Province of the Republic of China (ROC, now based on Taiwan). ... Fujian (Chinese: 福建; pinyin: ; Wade-Giles: Fu-chien; Postal System Pinyin: Fukien, Foukien; local transliteration Hokkien from Min Nan Hok-kiàn) is one of the provinces on the southeast coast of China. ... The South China Sea Islands (or Nanhai Islands, simplified: 南海诸岛, traditional: 南海諸島, pinyin: NánhÇŽi ZhÅ«dÇŽo) is an archipelago of over 250 around 1-km² islands, atolls, cays, shoals, reefs, and sandbars in the South China Sea, most of which have no indigenous people. ... National motto: None Official language Mandarin Chinese Capital and largest city Taipei President Chen Shui-bian Premier Frank Hsieh Area  - Total  - % water Ranked 138th 35,980 km² 2. ...


The Chinese Qing dynasty was subsequently overthrown and replaced by the Republic of China (ROC). Upon the outbreak of the Second Sino-Japanese War, the ROC declared the Treaty of Shimonoseki void in its declaration of war on Japan. The war soon merged with World War II, and Japan was subsequently defeated in 1945 by the Allied Powers, of which the ROC was a part. National motto: None Official language Mandarin Chinese Capital and largest city Taipei President Chen Shui-bian Premier Frank Hsieh Area  - Total  - % water Ranked 138th 35,980 km² 2. ... The Second Sino-Japanese War was a major invasion of eastern China by Japan preceding and during World War II. It ended with the surrender of Japan in 1945. ... Combatants Allied Powers Axis Powers Commanders {{{commander1}}} {{{commander2}}} Strength {{{strength1}}} {{{strength2}}} Casualties 37 million Civilians 25 million military World War II, also known as the Second World War, was a mid-20th century conflict that engulfed much of the globe and is accepted as the largest and deadliest war in... 1945 (MCMXLV) was a common year starting on Monday (link will take you to calendar). ... In general, allies are people or groups that have joined an alliance and are working together to achieve some common purpose. ...


The United States entered the War in December 1941. Most military attacks against Japanese installations and Japanese troops in the Taiwan cession were conducted by United States military forces. At the Cairo Conference, the U.S., United Kingdom, and the ROC agreed that Taiwan was to be returned to the ROC after the war, and the Potsdam Declaration outlined the terms of surrender. For the movie, see 1941 (film) 1941 (MCMXLI) was a common year starting on Wednesday (link will take you to calendar). ... Chiang, Roosevelt, and Churchill in Cairo, 11/25/1943 The Cairo Conference of November 22-26, 1943, held in Cairo, Egypt, addressed the Allied position against Japan during World War II and made decisions about postwar Asia. ... The Potsdam Declaration (not to be confused with the Potsdam Agreement) was a statement issued on July 26, 1945 by Harry S Truman, Winston Churchill, and Chiang Kai-Shek which outlined the terms of surrender for Japan as agreed upon at the Potsdam Conference. ...


When Japan unconditionally surrendered, it accepted in its Instrument of Surrender the terms of the Potsdam Declaration. The representatives of the Supreme Allied Commander in the China Theater, Chiang Kai-shek (i.e. the Republic of China military forces), were directed to go to Taiwan and accept the surrender of Japanese troops according to the directions of General Douglas MacArthur, head of the United States Military Government, in General Order No. 1, which was issued September 2, 1945. The Japanese troops there subsequently surrendered to ROC military forces as directed, and Chief Executive Chen Yi soon proclaimed "Taiwan Retrocession Day" on October 25, 1945. Representatives of Japan stand aboard the USS Missouri prior to signing of the Instrument of Surrender. ... Chiang Kai-shek (October 31, 1887 – April 5, 1975) was a Chinese military and political leader who assumed the leadership of the Kuomintang (KMT) after the death of Sun Yat-sen in 1925. ... General Douglas MacArthur aboard a battleship toward the end of World War II, 1945 Douglas MacArthur (January 26, 1880 — April 5, 1964) was an American military leader credited by some with defeating the Japanese in World War II. He helped rebuild Japan after the war and played a key role... General Order No. ... September 2 is the 245th day of the year in the Gregorian calendar (246th in leap years). ... 1945 (MCMXLV) was a common year starting on Monday (link will take you to calendar). ... Chen Yi, the first ROC Chief Executive and Garrison Commander of Taiwan. ... October 25 is the 298th day of the year (299th in leap years) in the Gregorian Calendar, with 67 days remaining. ... 1945 (MCMXLV) was a common year starting on Monday (link will take you to calendar). ...


When the 228 Incident erupted in February 1947, the U.S. Consulate-General in Taipei prepared a report in early March, calling for an immediate intervention in the name of the U.S. or the United Nations. Based on the argument that the Japanese surrender did not formally transfer sovereignty, Taiwan was still legally part of Japan and occupied by the United States (with administrative authority for the occupation delegated to the Chinese Nationalists), and a direct intervention was appropriate for a territory with such status. This proposed intervention, was however rejected by the U.S. State Department. In a news report on the aftermath of the 228 Incident, Some Formosans were reported to be talking of appealing to the United Nations to put the island under an international mandate, since China's possession of the Taiwan had not been formalized by any international treaties by that time [1] and was still under belligerent occupation. They later made a demand for a treaty role to be represented at the forthcoming peace conference on Japan, in the hope of requesting a plebiscite to determine the island's political future[2] . After the outbreak of the Korean War, U.S. President Harry S. Truman decided to "neutralize" Taiwan claiming that it could otherwise trigger another world war. In June 1950, President Truman, who had previously given only passive support to Chiang Kai-shek and was prepared to see Taiwan fall into the hands of the Chinese Communists, vowed to stop the spread of communism and sent the U.S. Seventh Fleet into the Taiwan Strait to prevent the PRC from attacking Taiwan, but also to prevent the ROC from attacking the mainland. He declared that "the determination of the future status of Formosa must await the restoration of security in the Pacific, a peace settlement with Japan, or consideration by the United Nations."[3] President Truman later reaffirmed the position "that all questions affecting Formosa be settled by peaceful means as envisaged in the Charter of the United Nations" in his special message to the Congress in July 1950.[4] The PRC denounced that move as flagrant interference in the internal affairs of China. During the 228 Incident, a crowd of angry people gathered in downtown Taipei. ... 1947 (MCMXLVII) was a common year starting on Wednesday (link will take you to calendar). ... City nickname: the City of Azaleas Capital District Xinyi Area  - Total  - % water Ranked 16 of 25 271. ... The examples and perspective in this article do not represent a worldwide view. ... The United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States government, equivalent to foreign ministries in other countries. ... A referendum (plural: referendums or referenda) or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... The Korean War, from June 25, 1950 to cease-fire on July 27, 1953 (technically speaking, the war has not yet ended), was a conflict between North Korea and South Korea. ... The President of the United States (unofficially abbreviated POTUS) is the head of state of the United States. ... Harry S. Truman (May 8, 1884 – December 26, 1972) was the thirty-fourth Vice President (1945) and the thirty-third President of the United States (1945–53), succeeding to the office upon the death of Franklin D. Roosevelt. ... 1950 (MCML) was a common year starting on Sunday (link will take you to calendar). ... The United States 7th Fleet is a naval military unit based in Yokosuka, Japan. ... United Nations Charter Opened for signature June 26, 1945 at San Francisco Entered into force October 24, 1945 Conditions for entry into force Ratification by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of...


On September 8, 1950, President Truman ordered John Foster Dulles, then Foreign Policy Advisor to the U.S. Secretary of State, to carry out his decision on "neutralizing" Taiwan in drafting the Treaty of Peace with Japan (San Francisco Peace Treaty) of 1951. According to George H. Kerr's memoir Formosa Betrayed, Dulles devised a plan whereby Japan would first merely renounce its sovereignty over Taiwan without a recipient country to allow the sovereignty over Taiwan to be determined together by the United States, the United Kingdom, Soviet Union, and Republic of China on behalf of other nations on the peace treaty. The question of Taiwan would be taken into the United Nations (which the ROC was still part), if these four parties could not reach into an agreement within one year. September 8 is the 251st day of the year (252nd in leap years). ... 1950 (MCML) was a common year starting on Sunday (link will take you to calendar). ... John Foster Dulles John Foster Dulles (February 2, 1888 – May 24, 1959) was an American statesman who served as Secretary of State under President Dwight D. Eisenhower from (1953 - 1959). ... The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. ... Prime Minister Yoshida Shigeru of Japan, gave a speech on Reconciliation and rapport (和解と信頼) in 1951 at San Francisco Peace conference. ... This page is a candidate for speedy deletion. ... George H. Kerr George H. Kerr (November 1911–August 27, 1992) was a United States diplomat during World War II. He was also known as 葛超智 in Taiwan. ... Chinas seat in the United Nations has been occupied by the Peoples Republic of China since November 23, 1971. ...


When Japan regained sovereignty over itself in 1952 with the conclusion of the San Francisco Peace Treaty with 48 nations, Japan renounced all claims and title over Taiwan and the Pescadores. Many claim that Japanese sovereignty only terminated at that point. Notably absent at the peace conference was the ROC which was expelled from mainland China in December 1949 as a result of the Chinese Civil War and retreated to Taiwan. The PRC, which was proclaimed October 1, 1949, was also not invited. The lack of invitation was probably due to the dispute over which government was the legitimate government of China (which both governments claimed as such); however, Cold War considerations might have played a part as well. Some major governments represented in the San Francisco Conference, such as the UK and Soviet Union, had already established relations with the PRC, while others, such as the U.S. and Japan, still held relations with the ROC. Prime Minister Yoshida Shigeru of Japan, gave a speech on Reconciliation and rapport (和解と信頼) in 1951 at San Francisco Peace conference. ... In this map of China, the light-coloured areas represent Mainland China, while yellow coloured area refers to Taiwan. ... The Chinese Civil War (Traditional Chinese: 國共内戰; Simplified Chinese: 国共内战; pinyin: ; literally Nationalist-Communist Civil War) was a conflict in China between the Kuomintang (Chinese Nationalist Party; KMT) and the Communist Party of China (CPC). ... October 1 is the 274th day of the year (275th in Leap years). ... 1949 (MCMXLIX) is a common year starting on Saturday. ... For the generic term for a high-tension struggle between countries, see cold war (war). ...


Article 25 of this treaty officially stipulated that only the Allied Powers defined in the treaty could benefit from this treaty. China was not listed as one of the Allied Powers; however, article 21 still provided limited benefits from Articles 10 and 14(a)2 for China. Japan's cession of Taiwan is unusual in that no recipient of Taiwan was stated as part of Dulles's plan of "neutralizing" Taiwan. The ROC protested its lack of invitation to the San Francisco Peace conference, to no avail. In general, allies are people or groups that have joined an alliance and are working together to achieve some common purpose. ...


Subsequently, the Treaty of Taipei was concluded between the ROC and Japan (effective August 5, 1952), where Japan basically re-affirmed the terms of the San Francisco Peace Treaty, and formalized the peace between the ROC and Japan. It also nullified all previous treaties made between China and Japan, implicitly repealing the Treaty of Shimonoseki. The Treaty of Peace between Japan and China (Japanese: 日華平和条約, Chinese: 中日和平條約), commonly known as the Treaty of Taipei as it was signed in Taipei, was a peace treaty between Japan and the Republic of China (ROC) concluded on April 28, 1952. ... August 5 is the 217th day of the year in the Gregorian Calendar (218th in leap years), with 148 days remaining. ... 1952 (MCMLII) was a leap year starting on Tuesday (link will take you to calendar). ...


Legal arguments

Arguments in favor of Chinese sovereignty

Arguments common to both the PRC and ROC ("Chinese" here is an ambiguous term that could mean both the PRC and ROC as legal governments of China.)

  1. The waging of aggressive war by Japan against China in 1931 and beyond violates the peace that was brokered in the Treaty of Shimonoseki, and with the declaration of war against Japan, that treaty is void. Therefore, with no valid transfer of sovereignty having taken place, Taiwan sovereignty naturally belongs to China.
  2. The Cairo conference and Potsdam declaration were accepted by Japan in its surrender. Those documents clearly state that Taiwan was to be returned to Chinese sovereignty at the end of World War II.
  3. The proclamation of Taiwan retrocession in 1945 by the ROC (while the PRC had not yet been founded) was uncontested by any party. Had another party been sovereign over Taiwan, the party had a period of years with which to protest. This lack of protest voids whatever alternative claims that could have existed. The PRC can use this argument because it was founded only in 1949, and as the successor state to the ROC (in its view) it acquired the benefits and obligations undertaken by its predecessor.
  4. The San Francisco Peace Treaty's omission of China as a participant was an accident of history and possibly due to cold war manuvering, and it was protested. Excluding China from the conference itself could be illegal, or even if not, then perhaps signs of bad faith on the part of the other allies. The exclusion of China as an allied power ignores the history of World War II. Not specifically specifying the recipient of Taiwan was an accident of history and/or signs of bad faith. Japan, as a not yet fully sovereign state, really had no choice with the treaty terms. As neither Chinese government ratified its terms, its terms bind neither government and cannot alter the validity of their claims.
  5. Taiwanese and Chinese culture are extremely similar, and the majority of Taiwanese are decended from migrants who moved there from mainland China.

Argument unique to the PRC
The original Treaty of Shimonoseki was an unequal treaty signed as a result of aggressive war. Hence, it is unjust and void ab initio. As the successor government to the Qing and ROC in that order, then the PRC would naturally possess Taiwan sovereignty as it would have never been ceded in the first place. The PRC does not recognize the validity of any of the unequal treaties the Qing signed in the "century of humiliation," as it considers them all unjust and illegal. The Shunpanrō hall where the Treaty of Shimonoseki was signed The Treaty of Shimonoseki (Japanese: 下関条約, Shimonoseki Jōyaku), known as the Treaty of Maguan (T. Chinese: 馬關條約, S. Chinese: 马关条约;) in China, was signed at the Shunpanrō hall on April 17, 1895 between the Empire of Japan and the Qing Empire. ... The succession of states theory asserts that all possessions and territory held by a state are automatically transferred to the successor state, the state which succeeds it. ... The Shunpanrō hall where the Treaty of Shimonoseki was signed The Treaty of Shimonoseki (Japanese: 下関条約, Shimonoseki Jōyaku), known as the Treaty of Maguan (T. Chinese: 馬關條約, S. Chinese: 马关条约;) in China, was signed at the Shunpanrō hall on April 17, 1895 between the Empire of Japan and the Qing Empire. ... The Latin term ab initio means from the beginning and is used in several contexts: when describing literature: told from the beginning as opposed to in medias res (meaning starting in the middle of the story). ...


Argument unique to the ROC
The Treaty of Taipei formalized the peace between Japan and the ROC. In it, Japan agreed to cede Taiwan (but again, without explicitly specifying a recipient) and void all treaties conducted between China and Japan (including the Treaty of Shimonoseki). Implicitly though, since the treaty was made between the ROC and Japan, the recipient of the cession would be the ROC. To support that contention, the residents of Taiwan were regarded as ROC nationals in the treaty. Otherwise the treaty generally follows the terms of the San Francisco Peace Treaty. As the undisputed direct successor government to the Qing, the ROC would be entitled to Taiwan's sovereignty since the transfer of sovereignty in the Treaty of Shimonoseki would be void, and no such transfer would have actually taken place de jure back when the now voided treaty came into force. The treaty was not protested by any state. Again, if some other party had Taiwan's sovereignty, that party had an obligation to protest what would have been a void transfer; the lack of protest voided whatever claims that party had. However, the PRC considers this treaty illegitimate as the Treaty of Taipei was concluded by the ROC after the PRC's founding proclamation. Japan abrogated it upon establishing diplomatic relations with the PRC.


Arguments not in favor of Chinese sovereignty

Arguments by various pro-Taiwan-independence/self-determination groups

  1. The peace that was brokered in the Treaty of Shimonoseki was breached by the Boxer Rebellion which lead to the conclusion of the Boxer Protocol of 1901 (Peace Agreement between the Great Powers and China)[5], not by the second Sino-Japanese War. The Treaty of Shimonoseki was a dispositive treaty, therefore it is not voidable or nullifiable. This doctrine being that treaties specifying particular actions which can be completed, once the action gets completed, cannot be voided or reversed absent a new treaty specifically reversing that clause. The unequal treaty doctrine can not be applied on to this treaty. As 200,000,000 Kuping taels was not returned to China from Japan, and Korea had not become Chinese dependent country again, the cession in the treaty was executed and can not be nullified. The cession of Formosa in this treaty was a legitimate cession by conquest, and thus is not a theft as described "all the territories Japan has stolen from the Chinese" in Cairo Declaration. It should also be noted that the Qing court exercised effective rule over primarily the east coast of Taiwan only, and even then did not regard the areas as an integral part of national land.
  2. The so-called Cairo Declaration was merely an unsigned press communique which does not bear any legal effectiveness. Whereas the Potsdam Declaration and Instrument of Surrender are simply modus vivendi and armistice which function as temporarily record and do not bear legal binding power to transfer sovereignty. Good faith of interpretation only take place at the level of treaties.
  3. Culture and history do not constitute legal basis for claim of sovereignty.
  4. The retrocession proclaimed by ROC in 1945 was legally null and impossible since Taiwan was still de jure part of Japan before the peace treaties were signed.
  5. Sovereignty transfer by prescription does not apply on to Taiwan's case since: 1) Prescription is the manner of acquiring property by a long, honest, and uninterrupted possession or use during the time required by law. The possession must have been possessio longa, continua, et pacifica, nec sit ligitima interruptio (long, continued, peaceable, and without lawful interruption). For prescription to apply, the state with title to the territory must acquiesce to the action of the other state. Yet, PRC has never established an occupation on Taiwan and exercise sovereignty for one single day. 2) Prescription as a rule for acquiring sovereignty itself was not universally accepted. The International Court of Justice ruled that Belgium retained its sovereignty over territories by non-assertion of its rights and by acquiescence in acts of sovereignty alleged to have been exercised by the Netherlands over a period of 109 years.[6], 3) A pro-independence group, which formed a Provisional Government of Formosa in 2000, argued that both the 228 incident of 1947 and the Provisional Government of Formosa have constituted protests against ROC government's claim of retrocession within a 50 year acquiescence period[7], 4) Taiwanese residents were unable to make a protest after the 228 incident due to the authoritarian rule under KMT regime which suppressed all pro-independence opinion. 5) Japan was not able to cast a protest as it has yet resumed her sovereignty over Taiwan in between 1945 to 1952[8], 6) In the Six Assurances offered to Taiwan in the 80s, U.S. explicitly does not recognize the sovereignty claim over Taiwan from PRC. The U.S. also denied the sovereignty claim from ROC in the congress report in the 70s[9].
  6. The San Francisco Peace Treaty is definitive, where Japan ceded Taiwan without specifying a clear recipient. China was prohibited from benefiting from Taiwan sovereignty in SFPT when the treaty was initially drafted. Subsequent Japanese cessions (such as Treaty of Taipei) are void, as Japan cannot cede what it no longer possessed (the SFPT was effective April 28, 1952, whereas the subsequent Treaty of Taipei was effective August 5, 1952.) Since the peace brokered in the Boxer Protocol of 1901 was breached by the second Sino-Japanese War, the San Francisco Peace Treaty specifies that the date to be used in returning territory to China in the Article 10 was 1901, not 1895. The postliminium restoration of China was completed without Taiwan sovereignty since Taiwan was not part of China when the first Chinese Republic was established in 1911. Moreover, the treaty of Taipei was abrogated by Japan upon the PRC's request in 1972.
  7. Cession of Taiwan without a recipient was neither unusual nor unique, since Cuba, as a precedent, was ceded by Spain without recipient in Treaty of Paris of 1898 as the result of Spanish-American War. At the end of WWII, Libya and Somaliland were also relinquished without receipient by Italy in the Treaty of peace with Italy of 1947 and both reached independence later. As one of the "territories which detached from enemy states as a result of the Second World War" defined in the article 76b and 77b of the United Nations Charter which China signed in 1945 and also defined in the protocol of Yalta Conference, Taiwan qualifies for the UN trusteeship program. China would have a treaty obligation to comply with the UN Chater and help people living in Taiwan enjoy the right of self-determination.
  8. Due to the "limbo cession," the United States would temporarily hold Taiwan's sovereignty in trust as the principal occupying power as defined in SFPT Article 23. International law specifies that the sovereignty of an area under military occupation is held in trust by the principal occupying power, and this is an interim condition. Hence, the sovereignty of Taiwan was held in trust by the United States beginning on October 25, 1945. Under Field Manual 27-10 Law of land warfare article 353 and 354[10], the Republic of China is acting as the "agents" for the United States military government in this arrangement.

While Taiwan independence supporters once used arguments not in favor of Chinese sovereignty to dispute to legitimacy of the Kuomintang-controlled government that ruled over Taiwan, these arguments have been dropped by a majority (except the most extreme) supporters of independence due to the democratization of Taiwan. This allowed moderate supporters of independence, such as President Chen Shui-bian, to stress the popular sovereignty theory in order to accept the legitimacy of the Republic of China (whose government the Democratic Progressive Party now controls) over Taiwan. The Shunpanrō hall where the Treaty of Shimonoseki was signed The Treaty of Shimonoseki (Japanese: 下関条約, Shimonoseki Jōyaku), known as the Treaty of Maguan (T. Chinese: 馬關條約, S. Chinese: 马关条约;) in China, was signed at the Shunpanrō hall on April 17, 1895 between the Empire of Japan and the Qing Empire. ... Boxer forces, 1900 photograph The Boxer Uprising (Traditional Chinese: 義和團起義; Simplified Chinese: 义和团起义; pinyin: ; The Righteous and Harmonious Fists) was an uprising against Western commercial and political influence in China during the final years of the 19th century, from November 1899 to September 7, 1901. ... The tael (兩), PY: Liang, was part of the Chinese system of weights and currency. ... Korea is a country divided into two independent nations, South Korea and North Korea, whose people share history, language, and ethnicity. ... Alternative meanings: Cairo International Conference on Population and Development, Cairo Anti_War Conference Chiang, Roosevelt, and Churchill in Cairo, 11/25/1943 Photocopy of the Cairo Declaration, an unsigned press release The Cairo Conference of November 22-26, 1943, held in Cairo, Egypt, addressed the Allied position against Japan during World... The Potsdam Declaration (not to be confused with the Potsdam Agreement) was a statement issued on July 26, 1945 by Harry S Truman, Winston Churchill, and Chiang Kai-Shek which outlined the terms of surrender for Japan as agreed upon at the Potsdam Conference. ... Representatives of Japan stand aboard the USS Missouri prior to signing of the Instrument of Surrender. ... Modus vivendi is a Latin phrase. ... An armistice is the effective end of a war, when the warring parties agree to stop fighting. ... Prescription has various meanings. ... Peace Palace, seat of the ICJ. The International Court of Justice (known colloquially as the World Court or ICJ) is the principal judicial organ of the United Nations. ... During the 228 Incident, a crowd of angry people gathered in downtown Taipei. ... During the 228 Incident, a crowd of angry people gathered in downtown Taipei. ... The Six Assurances are guidelines used in conducting ROC-U.S. relations. ... Some factual claims in this article or section need to be verified. ... The Treaty of Paris of 1898, signed on December 10, 1898, ended the Spanish-American War. ... Combatants United States Spain Commanders {{{commander1}}} {{{commander2}}} Strength {{{strength1}}} {{{strength2}}} Casualties 2,446 combat dead or wounded 5,500 combat dead or wounded {{Campaignbox {{{campaign}}}}} The Spanish-American War took place in 1898, and resulted in the United States of America gaining control over the former colonies of Spain in... Motto: Freedom, Democracy and Success for All Anthem: Samo ku waar Samo ku waar Saamo ku waar Capital Hargeisa Largest city Hargeisa Official languages Somali Government President republic Dahir Riyale Kahin Independence  - Declared  - Recognition From Somalia  - 1991  - none Area  â€¢ Total  â€¢ Water (%)   137,600 km² (-) n/a Population  â€¢ 2005 est. ... The Treaty of peace with Italy is a treaty signed in Paris on February 10, 1947 between Italy and the victorious powers of the World War II, formally ending the hostilities. ... United Nations Charter Opened for signature June 26, 1945 at San Francisco Entered into force October 24, 1945 Conditions for entry into force Ratification by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of... The Yalta Conference, sometimes called the Crimea Conference and codenamed the Argonaut Conference, was the wartime meeting from February 4 to 11, 1945 between the heads of government of the United States, the United Kingdom, and the Soviet Union. ... Self-determination is a principle in international law that a people ought to be able to determine their own governmental forms and structure free from outside influence. ... The Law of Land Warfare is that part of the Laws of War applicable to the conduct of warfare on land and to relationships between belligerents and neutral States. ... The Chinese Nationalist Party (Traditional: 中國國民黨; Simplified: 中国国民党; pinyin: ; Wade-Giles: Chung-kuo Kuo-min-tang; Tongyong Pinyin: Jhongguo Guomindang), commonly known as the Kuomintang (KMT), is a conservative political party currently active in the Republic of China (ROC) on Taiwan. ... Chen Shui-bian, President of the Republic of China Chen Shui-bian (ch. ... Popular sovereignty is the doctrine that government is created by and subject to the will of the people, who are the source of all political power. ... The Democratic Progressive Party (DPP) (Chinese: 民主進步黨; abbrev. ...


In this sense, the ROC government currently administrating Taiwan is not the same ROC which accepted Japanese surrender in 1945, because the ruling authorities were given popular mandate by different pools of constituencies: one is the mainland Chinese electorate, the other local Taiwanese. However, popular sovereignty theory, which the pan-green coalition emphasizes, suggests that Taiwan could make fundamental constitutional changes by means of a popular referendum, while the ROC legal theory, which is supported by the pan-blue coalition suggests that any fundamental constitutional changes would require that the amendment procedure of the ROC constitution be followed. The popular sovereignty theory, however, does not contradict the argument in favor of self-determination. Nor does it affirm arguments in favor of Chinese sovereignty, meaning that the only obstacle towards declaring Taiwan independence is a lack of consensus among the Taiwanese people to do so. The Pan-Green Coalition (Traditional Chinese: 泛綠聯盟; Simplified Chinese: 泛绿联盟; pinyin: ) or Pan-Green Force (Traditional Chinese: 泛綠軍; Simplified Chinese: 泛绿军; pinyin: ), is an informal political alliance in early 21st century Taiwan, consisting of the Democratic Progressive Party (DPP), Taiwan Solidarity Union (TSU), and the minor Taiwan Independence Party (TAIP). ... The Pan-Blue Coalition, or Pan-Blue Force (Chinese: 泛藍軍; pinyin: fàn lán jūn), is a political coalition in early 21st century Taiwan, consisting of the Kuomintang (KMT), the People First Party (PFP), and the smaller New Party (CNP). ...


Position of the United States

The State Department informed the U.S. Senate in 1970 that, "as Taiwan and the Pescadores are not covered by any existing international disposition, sovereignty over the area is an unsettled question subject to future international resolution." While the Republic of China's government maintained its provisional capital in Taipei, the United States did not formally recognize that Chinese government's sovereignty over Taiwan. The long-standing U.S. position only recognized "the Government of the Republic of China as legitimately occupying and exercising jurisdiction over Taiwan...." as ROC legally occupied Taiwan under General Douglas MacArthur's General Order No. 1. The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... General Douglas MacArthur aboard a battleship toward the end of World War II, 1945 Douglas MacArthur (January 26, 1880 — April 5, 1964) was an American military leader credited by some with defeating the Japanese in World War II. He helped rebuild Japan after the war and played a key role... General Order No. ...


In the Shanghai Communique of February 28, 1972, U.S. President Nixon and top PRC officials agreed that the PRC is to be "the lawful government" of Taiwan in the future. However specific details for the unification of the Taiwan by the PRC and the Taiwan governing authorities were left up to the officials of both sides of the Taiwan Strait to negotiate separately. In this way, the United States arranged to make transfer of the sovereignty of the Taiwan cession to the PRC in the future without a time table. The Joint Communique of the United States of America and the Peoples Republic of China, also known as the Shanghai Communiqué, was an important diplomatic document issued by the United States of America and the Peoples Republic of China on February 28, 1972 during the U.S. President...


The proposed change of political status by PRC and U.S. was not authorized by Taiwanese residents who may or may not agree to be the Chinese referred in the communique. As long as a final conclusion was not reached between the authorities across Taiwan strait, the transfer would be indefinitely delayed. Before such a transfer takes place, it can be said that de jure the United States Military Government still administers Taiwan through the surrogate civil administrative government, but de facto the Republic of China on Taiwan is a 2nd sovereign state of Chinese ethnicity. Look up De jure in Wiktionary, the free dictionary De jure (in Classical Latin de iure) is an expression that means based on law, as contrasted with de facto, which means in fact. The terms de jure and de facto are used like in principle and in practice when one... De facto is a Latin expression that means in fact or in practice. It is commonly used as opposed to de jure (meaning by law) when referring to matters of law or governance or technique (such as standards), that are found in the common experience as created or developed without... Sovereignty is the exclusive right to exercise supreme authority over a geographic region, group of people or oneself. ... A state is an organized political community occupying a definite territory, having an organized government, and possessing internal and external sovereignty. ... The Peoples Republic of China officially describes itself as a multi-ethnic unitary state and as such officially recognizes 56 nationalities or Mínzú (民族), within China: the Han being the majority (>92%), and the remaining 55 nationalities being the national minorities. ...


This interpretation of Taiwan's de jure status has gained some low level of acceptance in recent years. In a Rotary Club meeting in 2004, the former ROC President Lee Teng-hui, who is recognized as a pro-independence leader, publicly asserted that Taiwan is still a territory administrated by US military government and therefore is not likely to be accepted in U.N. without a determined status.[11] Still, one should note that this is a position held by a small minority, and the United States government has not claimed Taiwan's sovereignty, in spite of the possibility of making such a claim through the San Francisco Peace Treaty. Although the PRC continually stresses the sovereignty of Taiwan to be its domestic affair and the U.S. has "acknowledged" the PRC's position, the U.S. government made it clear that "the United States would not formally recognize Chinese sovereignty over Taiwan" in its Six Assurances offered to Taipei (ROC) in 1982. However, since the ROC was an unrecognized government, the statement "Chinese sovereignty" probably referred to PRC sovereignty. These Six Assurances were reaffirmed in late October 2004 after former Secretary of State Powell remarked in a press conference in Beijing that "Taiwan does not enjoy sovereignty as a nation." (disputed ) Logo of Rotary International Rotary International is an organisation whose members comprise Rotary Clubs (service clubs) located all over the world. ... Lee Teng-hui (Chinese: 李登輝; Taiwanese Romanization: Lí Teng-hui; pinyin: Lǐ Dēnghuī; born January 15, 1923) is a politician in the Republic of China on Taiwan. ... The Six Assurances are guidelines used in conducting ROC-U.S. relations. ...


See also

See also History of the Republic of China for a history of the government that currently administers Taiwan. ... Taiwan Strait Area The political status of Taiwan is a controversy over whether Taiwan, including the Pescadores (Penghu), should remain the effective territory of the Republic of China (ROC), become unified with the territories now governed by the Peoples Republic of China (PRC), or become the Republic of Taiwan. ...

External links

  • Commonwealth Foundation (Advocates US Commonwealth Status for Taiwan)
  • Taiwan Status: From Grotius to WTO
  • Understanding the SFPT's Disposition of Formosa and the Pescadores Legal argument by Richard W. Hartzell in favor of US military government sovereignty over Taiwan (PDF)
  • Taiwan Affairs Office of the State Council - White Papers on Taiwan Issue by the PRC
  • China Taiwan Information Center (PRC perspective)
  • [12] American Council on Foreign Relations paper on the US position.

  Results from FactBites:
 
Political status of Taiwan - Wikipedia, the free encyclopedia (5002 words)
The status quo is accepted in large part because it does not define the legal status or future status of Taiwan, leaving each group to interpret the situation in a way that is politically acceptable to its members.
The position of supporters of Chinese reunification in Taiwan is that Taiwan is part of China but the PRC is not the sole legitimate government of China, and that reunification does not necessarily have to occur under the communist regime.
Public opinion in Taiwan regarding relations with the PRC is notoriously difficult to gauge as poll results tend to be extremely sensitive to how the questions are phrased and what options are given, and there is a tendency by all political parties to spin the results to support their point of view.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m