Taiwan was ceded to Japan in 1895. Many researchers, commentators, political analysts, etc. say that Taiwan was returned to China in 1945, but that is completely false. Up until the present day, Taiwan is a territory under the jurisdiction of the United States, and that situation has existed from WWII up to the present day. (The fact that the USA is the only country in the world with a "Taiwan Relations Act" and that that Act is a domestic law of the USA further confirms this analysis.)
How did Taiwan come under the jurisdiction of the USA? The same way that Iraq did -- via "military conquest." After the Declaration of War against the Empire of Japan on Dec. 8, 1941, all military attacks against Taiwan were conducted by US military forces. Hence, the United States is/will be the "principal occupying power" of Taiwan. All legal relationships for Taiwan in the post-WWII era arise from these facts.
When the Japanese troops in Taiwan surrendered on Oct. 25, 1945, that marked the beginning of the military occupation of Taiwan. (There was no transfer of sovereignty on that date.) The United States is the "principal occupying power" and it has delegated the military occupation of Taiwan to the Chinese Nationalists (i.e. ROC). In Dec. 1949, high officials of the ROC in the mainland fled to Taiwan and became a "government in exile." Why are they a "government in exile"? Because as of late 1949, Taiwan is being held under military occupation and has not been transferred to any country. Thus the ROC is exercising "effective territorial control" over territory where it does not possess sovereignty.
In late April 1952, the post-war peace treaty came into effect. Japan renounced the territorial sovereignty of Taiwan, but no recipient country was designated. Under such circumstances, the territory remains under the jurisdiction of the "principal occupying power," which is the United States.
Hence, the ROC on Taiwan has the dual roles of (1) subordinate occupying power beginning Oct. 25, 1945, and (2) government in exile beginning late Dec. 1949.
This explanation fully shows why the ROC on Taiwan is treated as an orphan by the international community, although under casual analysis the ROC appears to be a real country. In fact (obviously) the ROC on Taiwan is not a country, because it does not have 'TITLE" to the territory of "Formosa and the Pescadores."
The PRC maintains that Taiwan is a part of the PRC based on the Successor Government Theory. This theory claims that since the ROC obtained the sovereignty of Taiwan on Oct. 25, 1945, and the PRC is the successor goverment to the ROC, so the PRC holds the sovereignty of Taiwan now. The fatal flaw in this argument is that there was no transfer of sovereignty on Oct. 25, 1945.
(Why are most people are totally unfamiliar with the style of reasoning presented above, and the conclusions reached? It is because they do not research the subjects of the laws of war, territorial cession, international treaty law, etc. and their relationship to military government and military jurisdiction.)
2006-06-08 22:41:18
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answer #1
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answered by Anonymous
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Well, that's a tough one to answer.
Taiwan, or the Republic of China, defeated the Qin dynasty, and established the first Democratic Government in China in 1911. However, in 1949, the Communist Party in China rebelled against this government, and hence the Nationalist Party moved to Taiwan, while the communist established the People's Republic of China.
After it's takeover, due to the then current political condition, fear of communism spreading caused the US to establish bases in Taiwan, not unlike Cuba to the Soviet Union. However, as the Cold War fused out, China began to step out, and through sheer number and cheap labour has gained favoured from many capitalist nations who seem to only care for profits, oil, and cheap labour (of course, India is now fast catching on).
Now, after being "rejected" by Chinese officials, and then the UN, Taiwan remains adamant that it is an independent nation, and while there are no proof whatsoever to the contrary, China is now claiming Taiwan is part of itself. Granted, the last Taiwan president, Lee Dun Hua (I am not sure if that is how you spell it), and the current president Cheng Sua Bian (yes, the one who got "shot" the day before the election) did more or less remind everyone that Taiwan is independent, it is sad to see that a nation is about to be swallowed by another larger nation just because that nation hands out back payments and cheap labour, but that is the price we pay for living in a capitalist world (ironic, isn't it. A capitalist nation soon to be taken by a communist nation in a capitalist world...)
All in all, Taiwan is NOT the same country as China, no matter how much China says it is. The only way that Taiwan will lose its independence seems is if all out war occurs, because I highly doubt the national pride of the two chinese nations will ever give in.
*Addn/Edit*
The main difference between the two countries? Scroll down and see the Internation sites. You see all the democratic nations, including Taiwan, but China is not.
2006-06-07 22:00:36
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answer #2
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answered by Anonymous
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Basically when the communists took power in China, they had little support in Taiwan. The anti-communists all fled to Taiwan and established that as their center of government. China has since regarded Taiwan as a 'renegade province' which will eventually be made to re-join China, but has never really gotten around to invading.
For all intents and purposes, Taiwan is completely independent, but China still claims they are just a province that will eventually be rejoined.
2006-06-07 22:00:08
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answer #3
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answered by Anonymous
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yes, Taiwan is separate from china. separate government, separate economy. It started in 1949 when the communists had a revolution and kicked the nationalist government out of power. The nationalists fled to the island of Taiwan ( a Provence of china) and set up their own government and economy on that island. The communists kept the main land. To this day the communists regard Taiwan as a rebel Provence and have threatened invasion if Taiwan declares Independence ( most Taiwanese want Independence)
2006-06-07 21:55:19
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answer #4
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answered by uncle maddog 3
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you will desire to stay with the prestige-quo for now. China has come alongside far extra than the final 35 years... and is slowly coming in to alignment with Taiwan of their attitudes. even however China nevertheless has a protracted thank you to bypass (politically and with regulation and human rights). All China is thinking approximately for now's that Taiwan would not declare formal independance and embarrass China. The Taiwanese have a great deal of political freedom already... there's no evaluate antagonising this modern China with their approach of in the present day.
2016-10-30 09:47:03
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answer #5
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answered by ? 4
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People's Republic of China claim that Taiwan is a part of the P.R.C but so far they have allowed Taiwan to be independent. P.R.C wants Taiwan to merge with them but Taiwan has showed little interest in giving up their democratic govt.
2006-06-07 21:40:26
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answer #6
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answered by avik_d2000 4
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read this
http://www.asianinfo.org/asianinfo/taiwan/pro-history.htm
2006-06-07 21:52:05
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answer #7
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answered by RedFerrari 4
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