The international legal status of (a) Taiwan territory and the (b) Republic of China on Taiwan are enigmas that have puzzled legal researchers for many decades. In fact, a firm grasp of certain little-known legal fundamentals is necessary in order to delve into the solutions to such matters. This website provides comprehensive analysis and commentary which fully illustrate the complexities involved.
Category | Territorial sovereignty |
Sub-Category | End of |
Question | What was the ending date of Japanese sovereignty over Taiwan? |
Answer | A 1949 CIA report confirms that Taiwan is territory under military occupation, awaiting further disposition in a peace treaty. Looking at the San Francisco Peace Treaty (SFPT), it is clear that the date when Japanese sovereignty over Taiwan ended was April 28, 1952. |
Analysis
In Chapter 2 of Formosa Betrayed, author George H. Kerr noted that "The immense sweep of global events in mid-summer 1945 obscured one technical point of importance. Japan was surrendering her empire to the Allies and not to China alone. Formosa was Japan's sovereign territory, and sovereignty could not be transferred until a peace treaty could be worked out, agreed upon, and signed."
Further References and Links
CIA report shows Taiwan concerns
Taiwan's Legal Status: Taiwan's Legal Status: An Overview of the San Francisco Peace Treaty
Areas Conquered by U.S. Military Forces and therefore under USMG Jurisdiction -- with later "new disposition" by peace treaty