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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??

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