The Nationalist Chinese have occupied Taiwan since 1945 but they do not hold title to the territory.
By fleeing to occupied Taiwan in December 1949, the Nationalists (the ROC) became a Chinese government in exile.
Under international law, there are no actions which a government in exile can take in its current location of residence in order to be recognized as the local legitimate government. Hence, Taiwan's current international problems have arisen from the fact that the ROC government in exile is not internationally recognized as the legitimate government of Taiwan.
The sovereign title to a territory is determined by the relevant treaty. A treaty is like the deed to a house or the title to an automobile. Treaties are the highest law of the land, equal in force to the constitution itself. The relevant treaty regarding Taiwan's present title of ownership is the San Francisco Peace Treaty.
In the San Francisco Peace Treaty, which ended WW2 between Japan and the allies, Japan renounced its sovereignty over Taiwan and title to its territory. Article 2(b) of the San Francisco Peace Treaty read: "Japan renounces all right, title and claim to Formosa and the Pescadores."
While Article 2(b) of the San Francisco Peace Treaty did not designate a recipient of "all right, title and claim to Formosa and the Pescadores," Article 23 of the San Francisco Peace Treaty designated the USA as "the principal occupying power" with respect to the territories covered by the geographical scope of the San Francisco Peace Treaty, including "Formosa and the Pescadores."
Following the entry into force of the San Francisco Peace Treaty, the ROC government continued to occupy Taiwan as an agent acting under the authority of the USA (the principal occupying power.)
China never became a party to the San Francisco Peace Treaty. Neither the ROC government, which occupied the island of Taiwan as agent for the US as the principal occupying power, nor the government of the People's Republic of China (PRC), established in 1949, were allowed to sign or ratify the San Francisco Peace Treaty.
.China, a non-party, was not entitled to any benefits under Article 2(b) dealing with the territory of Taiwan. The parties to the San Francisco Peace Treaty chose not to give any "right, title or claim to Formosa and the Pescadores" to China.
The San Francisco Peace Treaty's omission of China as a participant was not an accident of history, but reflected the very true fact that the ROC had failed to maintain its original position as the de jure and de facto government of China.
From 1945 to the present, Taiwan has been a cession; an occupied territory of the US via the ROC. Currently, Taiwan's statehood status is disputed and uncertain. No legal instruments after 1952 have legally changed the status of Taiwan.
The ROC does not own Taiwan. The PRC does not own Taiwan. Taiwan is an abandoned child and the USA is its deadbeat daddy!
Before that,
Taiwan (then known as Formosa) was a legitimate and internationally recognized part of Japan from 1895 to 1952.
Formosa and the Pescadores, were permanently ceded by Qing Dynasty China to Imperial Japan via Articles 2b and 2c of the Treaty of Shimonoseki in May 8, 1895.
(little known fact: It was subject to an extensive bombing campaign by the US forces during WW2)
Taiwan was made a province of Ching Dynasty China from 1885 to 1895.
Before that (1683 to 1885) some western coastal regions of Taiwan were under Ching control. The mountain and eastern coastal regions were not claimed by the Chinese, which called those areas savage areas "outside of the Chinese world". They were an unclaimed frontier. The Ching Emperors were very ambivalent about Taiwan and were not interested in claiming or managing Taiwan. They simply wanted to deny its use to any rebels to Ching rule. In fact, Ching Emperor K'ang-hsi expressed the sentiment that Taiwan was "the size of a pellet; taking it is no gain; not taking it is no loss" He also officially regarded Taiwan as "a ball of mud beyond the pale of civilization" There were only about 7,000 Chinese people in Taiwan in 1683 (they had been brought there as workers by the Dutch).
Before that, parts of Taiwan were controlled by Koxinga, a wealthy half-Japanese pirate and Ming loyalist rebel to the Ching regime. Koxinga had kicked out the Dutch. He ruled Taiwan from 1662 to 1683. .
The Dutch ruled Taiwan from 1623 to 1662.
The Spanish had also concurrently occupied northern Taiwan from 1626 to 1642 but their control was not as extensive as the Dutch.
The name Formosa was given by Portugese sailors but Portugal never occupied Taiwan.
Before that, Taiwan was entirely owned by its indigenous inhabitants. These are Austronesian peoples with various languages and cultures. These original Taiwanese are about 2% of Taiwan's present population.
2007-10-13 02:37:17
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answer #1
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answered by Anonymous
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The ROC/KMT standard the resign of eastern troops in Taiwan on Oct. 25, 1945, subsequently marking the beginning up of the protection rigidity occupation of Taiwan. Then in Dec. 1949, the ROC powerful government re-located to "occupied Taiwan" to grow to be a central authority in exile. when you consider that that element, the KMT has been the ruling social gathering on Taiwan, different than for the 2000 to 2008 era, which had a President from the Democratic inventive social gathering.
2016-10-22 04:05:29
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answer #2
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answered by gustavo 4
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The Chinese and the Japanese ruled Taiwan before the KMT.
The Chinese formally made Taiwan a full province and administered Taiwan from 1885 - 1895.
The Japanese ruled Taiwan from 1895 - 1945.
2007-10-12 08:03:29
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answer #3
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answered by WMD 7
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The Japanese! They seized it from China in the war of 1895 and held it until 1945.
2007-10-12 07:28:57
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answer #4
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answered by James@hbpl 5
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