Territories Proof
Does Taiwan territory belong to China? Is there any legal proof? Or is Taiwan’s ownership undetermined?
After examining a number of 20th century legal documents, the following facts become clear:
1) The Allies did not recognize any transfer of the sovereignty of Taiwan to “China” upon the Oct. 25, 1945 Japanese surrender ceremonies.
2) As of 1895, Taiwan was sovereign Japanese territory until ceded in the San Francisco Peace Treaty (SFPT) on April 28, 1952.
3) Considering that Japan ceded Taiwan in the SFPT, the Treaty of Taipei (Aug. 5, 1952) cannot be interpreted to say that Japan ceded Taiwan to “China.”
4) The ROC Constitution Article 4 specifies a full procedure for the acquisition of new territory. For Taiwan, this procedure has never been completed.
5) The announced mass-naturalization of native Taiwanese persons as ROC citizens in Jan. 1946, before the peace treaty was even drafted, is totally without legal basis.
Moreover, the conditions of Article 10 of the Sino-Japanese Peace Treaty in regard to recognition of “nationals of the ROC” have yet to be fulfilled.
Although many legal researchers in North America, Europe, Japan, etc. fully realize that Taiwan does not belong to China, nevertheless they are unable to precisely define to whom Taiwan currently “belongs.” This failure on their part is largely due to the fact that they are unfamiliar with “the customary laws of warfare of the post-Napoleonic period.”
With an in-depth knowledge of these customary laws, it is possible to create an accurate “Introduction and Outline for Modern Taiwanese History” which explains all relevant details. As of early 2007, such an Introduction and Outline was completed by researchers in Taiwan, and is available online at http://www.taiwankey.net/dc/tmodhiae.htm
The San Francisco Peace Treaty (SFPT) of April 28, 1952, is the highest ranking document of international law, and of United States law, which deals with the legal status of Taiwan in the post WWII era.
A “laws of war” reading of the SFPT, along with some basic research into the military history of Taiwan beginning in the late 1930′s, reveals the following facts:
The Republic of China on Taiwan is a (1) subordinate occupying power, beginning Oct. 25, 1945, and (2) a government in exile beginning mid-December 1949.
In relation to Taiwan, the United States of America is the principal occupying power, and United States Military Government (USMG) jurisdiction over Taiwan has begun as of the surrender of Japanese troops on Oct. 25, 1945. Today, Taiwan remains as occupied territory of the United States of America. Taiwan’s “final political status” has not yet been determined.
USMG jurisdiction over Taiwan is currently active.
Taiwan does not belong to “China,” either the ROC or the PRC.
2009 Proof DC and Territories Quarters Complete 6-piece …