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April 15, 2005

Is the Republic of China the legal government of Taiwan?

Filed under: China Law — Tags: , , — china @ 12:06 am
china law
Overseas E asked:

What is the status of the Republic of China on Taiwan? It is confusing … When exactly was the sovereignty of “Formosa and the Pescadores” transferred to the Republic of China?

I can find no reference to such a transfer in the post-war peace treaty of San Francisco. At the same time, the Sino-Japanese Peace Treaty fully recognizes the provisions of that earlier treaty.

Did any of the Allies recognize any transfer of the sovereignty of Taiwan to China upon the surrender of Japanese troops on Oct. 25, 1945? I have been unable to find any documents confirming that.

Is there any basis under international law to say that the 1895 Treaty of Shimonoseki (ceding Taiwan to Japan) was invalid? There doesn’t seem to be. After all, in a 1936 interview with Chairman Mao, he referred to Taiwan as being part of the Empire of Japan.

Without a clear transfer of the title of Taiwan territory to the ROC, it would seem that Taiwan is not ROC national territory. Comments anyone?

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7 Comments »

  1. The Qing Dynasty even tried to sell Taiwan away to the Dutch!
    It’s a complicated issue, but in theory, the legal government of Taiwan is the Republic of China. However, in reality, the legal government of Taiwan is the “Republic of Taiwan.” The “Republic of China” has no desire to relocate to the mainland, hence, it has become a true Taiwanese entitity over time.

    Comment by Alexie N — April 16, 2005 @ 11:27 pm

  2. Taiwan is in a weird position now. It’s run by the government that used to run mainland china, but they ran to the island when the revolution occurred. Peoples republic of China runs mainland china, while the republic of china runs Taiwan. Taiwan wasn’t independent until the revolution. It used to be part of mainland China.

    Comment by chaseunchase — April 17, 2005 @ 11:57 pm

  3. i think it is….im not sure

    Comment by Tina C — April 19, 2005 @ 1:08 pm

  4. Why not write the UN abassadors or each of the 3 involved countries and see what the official positions are. You might even get answer.

    Comment by Scott L — April 21, 2005 @ 4:44 pm

  5. China has not owned Taiwan since 1950. Sure there are formalities and documents but the reality is that China lost the island decades ago.

    Comment by Rick Cain — April 22, 2005 @ 11:39 pm

  6. The Republic of China Exile on Taiwan is a legal government on Taiwan under the delegation of the USMG (united States Military Government) since October 25, 1945 as a subordinate occupying power from the No.1 order issued by then Pacific Supreme Commander Douglas MacArthur. Formosa and the Pescadores were territories of the Japan empire between 1895 and April 28, 1952 when San Francisco Peace Treaty was signed into effect. The SFPT further indicated that Formosa and the Pescadores are to be under the jurisdiction of the USMG. Neither the ROC Exile, nor Taiwan (Formosa and the Pescadores) is a sovereign states with sovereignty , rather that these two entities are issues of undetermined nature. The military government of ROC Exile on Taiwan should be transitioned into a Civil Government under US authority by all means.

    Comment by Sunny K — April 25, 2005 @ 9:33 pm

  7. It’s the mandate by the SFPT, which was rectified by a US Congress, that Taiwan is still under the jurisdiction of the US Military Government since the end of WWII. But due to some policy errors, Taiwan has since been controlled by an illegal Chinese Nationalist government in exile (ROC), which ruled Taiwan via massacre and martial law. They are lobbying heavily against the USA incorporating Taiwan. And the lobby money is taxed from the powerless and innocent Taiwanese who are the great majority of people living in Taiwan.

    Right now, a new civil government led by the Taiwanese is under planning, which should have happened more than 60 years ago. ROC still controls all kinds of media in Taiwan. After 6 decades of abusive and manipulative Chinese rule, many Taiwanese have identified with this illegal Chinese regime, including the Taiwanese party, even after the Communist China had agreed that Taiwan is legally a US-occupied overseas territory.

    Comment by Justin T — April 27, 2005 @ 3:30 pm

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