Do the Taiwanese people understand that Taiwan territory does not belong to the Republic of China?

Question

In 1895, "Formosa and the Pescadores" (aka Taiwan) were ceded to Japan in the Treaty of Shimonoseki. In 1912 when the Republic of China was founded, Taiwan was part of Japan.

None of the Allies recognized any "transfer of sovereignty" to the ROC on the date of Oct. 25, 1945. The proclamation of "Taiwan Retrocession Day" , thus indicating a clear intention and objective to annex Taiwan territory, is a war crime.

Article 4 of the ROC Constitution specifies that "The territory of the Republic of China within its existing national boundaries shall not be altered except by a resolution of the National Assembly." In regard to the alleged incorporation of Taiwan into Chinese territory, there is no resolution of the National Assembly on record.

Under the customary laws of warfare, upon the surrender of Japanese troops the local populace in Taiwan will pass under a "temporary allegiance" to the conqueror, which in the post-Napoleonic era will be the principal occupying power.

Answer 1

In the aftermath of the First Sino-Japanese War, Qing China ceded Taiwan to Japan. Following the 1895 Treaty of Shimonoseki, Japan exercised sovereignty over Taiwan and held title to its territory. The Republic of China was founded in 1912, with Dr. Sun Yat-sen as the provisional president. Taiwan, however, having come under Japanese rule in 1895, was not part of the ROC in the early years of the 20th century.

Article XIX of the Limitation of Armament Treaty Between the United States of America, the British Empire, France, Italy, and Japan, (signed at Washington, Feb. 6, 1922) affirmatively identified Formosa and the Pescadores as part of Japanese territory.

In the post-WWII San Francisco Peace Treaty, Japan renounced the sovereignty of Taiwan, but the ROC was not the recipient of this sovereignty. This is stated in Article 2b and confirmed in Article 21. Hence, according to the provisions of the SFPT, the Republic of China is not the legal government of Taiwan.

In the modern era, it must be recognized that the highest ranking document in regard to the legal position of "Formosa and the Pescadores" (aka Taiwan) and their ownership is the San Francisco Peace Treaty of April 28, 1952. Notably, under the United States' form of government (as specified in Article VI of the US Constitution), the content of the Senate-ratified San Francisco Peace Treaty has the same weight as the US Constitution.

More importantly, under international law, the specifications of the San Francisco Peace Treaty take precedence over the "intentions" expressed in the Cairo Declaration of Dec. 1, 1943, the Potsdam Proclamation of July 26, 1945, or the Japanese Surrender documents of Aug. 15, 1945. None of these documents, nor the promulgation of General Order No. 1 on Sept. 2, 1945, nor the holding of the Japanese surrender ceremonies in Taipei on Oct. 25, 1945, can possibly be interpreted to formally transfer the sovereignty of "Formosa and the Pescadores" to the ROC.

As stated above, in the SFPT, Japan renounced the sovereignty of Taiwan, but the ROC was not the recipient of this sovereignty.

Article 4 of the ROC Constitution specifies that "The territory of the Republic of China within its existing national boundaries shall not be altered except by a resolution of the National Assembly." In regard to the alleged incorporation of Taiwan into Chinese territory, there is no resolution of the National Assembly on record. Moreover, international law specifies that "military occupation does not transfer sovereignty." The proclamation of "Taiwan Retrocession Day" on Oct. 25, 1945, thus indicating a clear intention and objective to annex Taiwan territory, is a war crime.

Former US Secretary of State Powell has a military background, and is familiar with the customary laws of warfare. On October 25, 2004, in a press conference in Beijing, he stated: "Taiwan is not independent. It does not enjoy sovereignty as a nation, and that remains our policy, our firm policy."

In summary, it is urgent that the Taiwanese people wake up to the realities that:
(1) "Taiwan" is only a geographic name, it is not the name of a country,
(2) The Republic China does not have ownership of Taiwan territory, HENCE
(3) The ROC on Taiwan is not a country, and will never be accepted to the United Nations, because it is not holding the territorial title to the areas of "Formosa and the Pescadores."

Answer 2

Japan took Taiwan from China in 1895. It was occupied by by Japan until 1945. In 1949 the Nationalist Government retreated to Taiwan when it abandoned the mainland to the Communist.

Answer 3

We are in Occident, this document represent the authority of the Occident in Orient, so of course China don't care about such authority! Japan is not better, they have bullied China since the 19th century and have gain Taiwan by humiliating the Chinese, so of course that they really dont consider such deal seriously, especially when it has been done in such circumstances. Actually China really need Taiwan and Taiwan really need China, but I guess they don't know this reality yet. And I can also tell you that WE westerners, also need China to Unite with Taiwan as if it dont happen soon, China will crash and the rest of the world will follow too, but they (China) will survived, maybe weakened but still standing, while the rest of us, will lay face down on the ground. Dont believe me? Just wait and see...

Answer 4

I think there were some wires crossed in here. the Republic of China, aka Taiwan is a republic. The Peoples' Republic of China is the communist country, is neither of those things. Just as there exists the ROK, Republic of Korea, which is a republic, and the DPRK, or Democratic Peoples' Republic of Korea which is also none of those things. Why is it that countries with Democratic or People in their name are never actually run by the people nor are they democratic?

Answer 5

Unfortunately for the Taiwanese, they don't get to have a say in this matter. The ROC has made it plain that they will utterly squash Taiwan if they declare independence. So I am quite sure that they will choose to live in liberty for as long as they can and not do anything to provoke the ROC. Best let sleeping dogs lie in this case... unless you want to take up the fight, yourself. If that's the case, go for it. Taiwan would be grateful.

Answer 6

Lawyers and laws become moot issues where brute force is so great that it trumps all who oppose it. The people of Taiwan are pretty simple folk who are just trying to make a living. When Red China drove out the ruling party, they fled to Taiwan and went on saying, "We're the real China." The U.S. agreed and we chose to ignore Red China for years. When Red China was voted into the United Nations, our buddies from Taiwan walked out in protest. China has continued to insist that Taiwan is part of Red China. They keep sending ships closer and closer to shore, hoping that the United States will blink. Chances are, when we become so economically interdependent with China that we don't want to risk economic ripples by offending them, China will roll over Taiwan like a freight train over a Dixie cup.

Answer 7

Yes they do. THe Taiwanese realize that everything from Okinawa south belongs to Peoples Republic of China.

Answer 8

Does the Republic of China understand that?

Answer 9

try explaning that to the comunist Chinese, because I think they don't care and/or are not listening...

this is the case where I can see a possible war between China and the US (US defends Taiwan vs Chinese invasion)

Answer 10

I seriously doubt that so-called Republic of China even cares. How can a communist dictatorship actually call itself a Republic?