China Law Answers Answers to the legal questions related to china

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?

DaCare Legal Recruitment

February 18, 2005

What is the legal basis for saying that Taiwan is part of China?

Filed under: China Law — Tags: , , — china @ 7:02 am
china law
Overseas E asked:

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??

DaCare Legal Recruitment

Powered by WordPress