Is Taiwan actually under the legal authority of the US government since Japan ceded it?

Question

In the San Francisco Peace Treaty, Japan ceded Taiwan (Formosa) and the Pescadores. But the treaty didn't specify to whom it is ceded to. Therefore it was, and still is, under the authority of the US government. Why hasn't the US goverment handed it over to the ROC authorities on Taiwan?

Answer 1

On Oct. 25, 1945, based on the directions in General MacArthur's General Order No. 1, Chiang Kai-shek's military troops accepted the surrender of Japanese troops on Taiwan on behalf of the Allies. However, the ensuing military occupation of Taiwan was undertaken on behalf of the "conqueror" and "principal occupying power" -- the United States of America.

Hence, at the most basic level, the position of the Republic of China in Taiwan is that it is a "subordinate occupying power," beginning Oct. 25, 1945.

Then in December 1949, the ROC moved its central government to occupied Taiwan, thus becoming a government in exile.

When the peace treaty was drafted, of course the Allied Nations could not agree to awarding Taiwan to a government in exile. In Article 2b of the treaty, Japan renounced its sovereignty over Taiwan, but no receiving country was specified. Under such a situation, Taiwan remains under the jurisdiction of the principal occupying power as an interim status condition.

Hence, in the world today, the Republic of China is not the legal government of Taiwan. This "interpretation" follows directly from the post-WWII San Francisco Peace Treaty. Naturally, the US government cannot hand over Taiwan to the non-recognized ROC government.

For more information, see the following URL -- http://www.taiwankey.net/dc/viewpoint.htm

Answer 2

I think you have already answered the first question you asked - according to what I have read Taiwan is under the legal authority of the United States government. Since the San Francisco Peace Treaty there has not been another legal treaty written giving the jurisdiction to anyone else.

One would assume that the United States government, like the R.O.C. government under Chiang Kai-shek, was waiting for the Nationalists to retake the mainland before handing Taiwan over to the R.O.C. Since that never happened, America has left the legal of authority of Taiwan in limbo.

The U.S. government never handed the R.O.C. over to the authorities on Taiwan for the same reason it waited almost 30 years to recognize the P.R.C. as the legitimate government of China - it was in their strategic global interests.

* The two other answers are similar to mine, yet when I answered your second question I got thumbs down - why is that?

Answer 3

In the peace treaty Japan relinquished all claims to the island - and since Taiwan was already an independent nation at the time, there was no third party to relinquish it to.

Answer 4

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