Of course, Taiwan’s Status is uncertain. Gary Sheu, the Director
of Press & Information Department of the Taipei Economic and Cultural
Representative Office in Japan wrote an article titled “No, Taiwan’s Status is
Not Uncertain” published in [the Diplomat] on August 08, 2014. But his
statement is without any legal basis. He views the world history and interprets
the international law only at his own wishful thinking.
He said ROC declared war against Japan on December 9, 1941 with
the announcement “all treaties, agreements and contracts concerning
Sino-Japanese relations are hereby annulled.” Accordingly, the Treaty of
Shimonoseki became null and void. It sounds like a fantasy self-edited story.
Yes, during war you can say and ask whatever you want to and from your enemy
but you only can get what has been approved
in the peace treaty. The San Francisco Peace
Treaty Article 10 said “Japan renounces all special rights and interests in
China, including all benefits and privileges resulting from the provisions of
the final Protocol signed at Peking on 7 September 1901,” The SFPT only
authorized and recognized China to restore all rights from Japan after 1901 not before. It did not retroact
back to the Shimonoseki Treaty which was signed in 1895 so it remains valid.
Yes, there was a Cairo Conference that President Roosevelt,
Premier Churchill and Generalissimo Chiang Kai-shek met on Nov. 27, 1943 in
Cairo, but none of them stayed there on Dec. 1 neither anyone had signed the so
call Cairo Declaration. It is only a news communiqué released by Cairo Radio
Station on December 1, 1943. And it was quoted in the Potsdam Declaration with
only the Article 8 of limiting Japan’s home territory. It was merely an
intentional proposal in the series discussions of future surrender of Japan but
the final settlement is the San Francisco Peace Treaty.
The Potsdam Conference was originally held for USSR, USA and UK to
end the European Theater and the Potsdam Agreement was signed. In addition to
it, on July 26, 1945 Churchill, Truman and Chiang Kai-shek in name issued the
Potsdam Declaration which outlined the terms of surrender for Japan. CKS did
not attend the conference in person. The Potsdam Declaration is mainly to limit
Japan’s homeland territory. It does not authorize transferring Taiwan’s
sovereign to China. So does the Japanese Instrument of Surrender and the San
Francisco Peace Treaty none appointed China as the recipient of Taiwan’s
China was given the right to sign a treaty of peace with Japan
under article 26 on the exactly same term of SFPT. ROC signed the Treaty of
Taipei with Japan on April 28, 1952 and effective on August 5, 1952. Article 2
of TOTP same as Article 2 of SFPT stipulated “Japan renounces all right, title
and claim to Formosa and the Pescadores” but not given the sovereignty to
China. The Article 10 has clearly specifies it is only up to 1901 not 1895.
CKS accepted Japan’s military surrender in Taiwan under General
MacArthur’s General Order No. 1 on September 2, 1945. It was only the beginning
of Allied military occupation not an official transaction of Taiwan
sovereignty. CKS was merely an agent appointed by the Allied powers. But, the
international law says “military occupation does not transfer sovereignty, it
must be authorized by the international peace treaty”. The so call Retrocession
Day of Taiwan on October 25, 1945 was indeed an act of war crime with no limit
of statutes. There is none in the international community accept it.
Sheu’s article repeatedly quoted out of context and jumped into a
false conclusion. He said base on a press conference by President Truman on
January 5, 1950 that the ROC Government’s exercise of sovereignty over Taiwan
has been fully recognized by the Allied powers. Is that true? Now, let’s take a
look at the famous Truman’s Statement made on June 27, 1950:
"Accordingly, I have ordered the 7th Fleet to prevent any
attack on Formosa. As a corollary of this action, I am calling upon the Chinese
Government on Formosa to cease all air and sea operations against the mainland.
The 7th Fleet will see that this is done. The determination of the future
status of Formosa must await the restoration of security in the Pacific, a
peace settlement with Japan, or consideration by the United Nations."
The United States has a firm consistency policy on Taiwan since
President Truman. October 25, 2004 the former Secretary of State Colin Powel
said: “There is only one China. Taiwan is not independent. It does not enjoy
sovereignty as a nation, and that remains our policy, our firm policy.” Aug.
30, 2007 Dennis Wilder, former National Security Council (NSC) Senior Director for
Asian Affairs said: "Taiwan, or the Republic of China, is not at this
point a state in the international community. The position of the United States
government is that the ROC -- Republic of China -- is an issue undecided, and
it has been left undecided, as you know, for many, many years."
On Nov. 30, 1950, between 3pm and 6:30pm, the UN Security Council
held its 530th Meeting at Lake Success, New York, and made a very clear answer
to China’s claim of ownership of Taiwan. It made a decisive vote of nine to one
that rejected China’s complaint about a US-armed invasion of Taiwan. Wu
Xiuquan, the official representative of the Central People’s Government of
the PRC, had accused the US of aggression and invading its territory. However,
the UN Security Council did not agree with the complaint. Even then-ROC UN
ambassador Tsiang Tingfu voted against Wu’s complaint on that day. This is the
official record on United Nation that Taiwan is not part of China
Today, as you know there is only one China recognized by the
international community that is PRC. Examining all the historical documents and
international treaties from Shimonoseki Treaty, Cairo Declaration, Potsdam
Declaration, Japanese Instrument of Surrender, General Order No. 1, San
Francisco Peace Treaty, Treaty of Taipei, Sino-American Mutual Defense Treaty,
the Taiwan Relation Act and United Nation’s record there is no any document
supporting Gary Sheu’s claim that Taiwan is part of ROC’s territory which means
China’s territory. So, the majority of Taiwan people say no.