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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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