In a letter to Formosan Association for Public Affairs (FAPA), dated June 5, 2007, Michael Kurtz, the Assistant Archivist for Records Services at the United States National Archives confirmed that the Cairo Declaration of Dec. 1, 1943, is neither a treaty nor an executive agreement, and as such does not carry the force of law to authorize any transfer of the territorial sovereignty of the areas of “Formosa and the Pescadores” to China. (Ref: http://www.fapa.org/Archives/press%20release%20061407.htm )
By extrapolation, neither the Potsdam Proclamation of July 26, 1945, nor the Japanese Surrender document of Sept. 2, 1945, which rely heavily on the provisions of the Cairo Declaration, can be considered as solid bases (which carry the force of law) to justify any claim of transfer of the territorial sovereignty of the areas of “Formosa and the Pescadores” to China.
So …. are there any true legal documents which prove that the Chinese exercise sovereignty over Taiwan??
Let me point out the logic that most of the Western World has apparently overlooked.
Taiwan was part of China b/f WWII…Japanese take it over as well as large parts of China, after WWII Japan return Taiwan and other lands back to China land…at that point no-ones talking about whether Taiwan was part of China. Then the Communist Revolution happens…the small tatered more mobile forces of the nationalists flee to Taiwan…and themselves proclaim that they are the real china…and after some time, since Mao’s army couldnt invade Taiwan, the gov’t on Taiwan proclaims itself independent. Follow my logic? there was never any legal basis to doubt Taiwan belonged to China in the first place.
Comment by CGAR — February 21, 2005 @ 12:23 pm
As far as I know the documents could be enforced but no-one will stand up to China and say it, most countries are too scared of what China will do, people in taiwan are apparently begging america, australia, england ANYONE that will listen to help them separate from china, but China has threatened to break ties with those countries if they recognise Taiwan as an Independant country…
My knowledge is limited to a couple of articles and a doco or 2 but that’s what I gathered.
Comment by Sandi S — February 21, 2005 @ 9:41 pm
I haven’t done much research on it, but I believe that it was never in dispute that Taiwan is part of China. Even the Taiwanese accept this. The main argument nowadays is between reunification and separation. I believe that the only thing keeping Taiwan from declaring indepence is the prospect of a massive naval war, which would involve the U.S, and severely damage the global economy, no matter what the outcome. The best analogy I could think of would be if the Confederacy claimed to be the rightful government of the entire US but in the end never claims independence nor takes over the North’s government; hence leaving two govenments claiming sovereignty over the other.
Comment by Brandon — February 22, 2005 @ 8:38 pm
FAPA offers all kinds of B.S. honestly. they could even argue Taiwan should be a States within the United States.
It’s a long story if you want me to explain the legal doc.
Lets just say before 1971 the world mostly recognize the Republic of China (ROC now often known as Taiwan) as CHINA. After 71 90% of the world recognize the People’s Republic of China (PRC often known as China) as the LEGAL CHINA.
Now, before 71 Taiwan was returned to China (ROC), but after 71 people think CHINA IS PRC.
So you tell me what it should be. I am from Taiwan and I’d say Taiwan belongs to ROC not PRC. But the world now recognize Taiwan as part of CHina. What can I do?
Comment by Hammer — February 24, 2005 @ 10:41 pm
China’s claims of sovereignty over Taiwan are a “bluff,” pure and simple. Such claims do not rely on any true legal foundation.
Unfortunately however, 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
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.
USMG jurisdiction over Taiwan is currently active.
Comment by Coordinates-TW — February 27, 2005 @ 12:51 am