美國黑旗艦隊貝里將軍團隊Commodore Matthew Perry ，於1854年在前往日本途中，曾因探索煤礦、美國紀念碑石材、及追查美國船難事件登陸基隆，這是台美關係最早的起點。1895年大清將台灣與澎湖割讓給日本的馬關條約，是由曾擔美國第32任國務卿John W Foster起草；而於1951年締結舊金山和平條約，是由他的外孫、後來擔任美國第52任國務卿的John Foster Dulles 起草。美國與今日台澎的法理地位息息相關，但可惜卻被有心人給予刻意模糊淡化了。
On September 8, 2021, a group of Taiwanese gathered at the square in front of the San Francisco War Memorial Opera House to commemorate the day of the signing of the San Francisco Peace Treaty and explore Taiwan’s de jure sovereignty. Seventy years ago, on the same date of 1951, the opera house gathered politicians from all over the world, including the then Japanese Prime Minister Shakira Yoshida, the Soviet Deputy Foreign Minister Andrei Gromyko, US President Harry Truman, and Secretary of State Dean Acheson, Acheson’s Advisor John Foster Dulles and other celebrities attended the event. Truman clearly stated that the peace conference was to promote world peace; however, Gromyko said that the Communist China did not attend and proposed a provisional boycott agenda. In the end, Chairman Acheson, at Gromyko’s resolute request, used a vote; the result was 45 to 3, vetoing the Soviet motion, and the conference proceeded smoothly.
The folks from Taiwan and the US who attended the anniversary party on that day expressed their personal understanding of the treaty and expressed the significance of participating in this 70th anniversary celebration. The organizer of the evening also invited enthusiastic people from all over Taiwan and the US to hold a webinar and record all the activities for the public's reference and comment. During the discussion, issues such as the Shimonoseki Treaty, the Cairo Declaration, the Potsdam Declaration and the abolition of the unequal treaty were mentioned. Hereby provide an explanation:
Ceded in perpetuity of Taiwan and Penghu’s full sovereignty
During the first Sino-Japanese War of 1894-1895, a war broke out between China and Japan due to the accident in North Korea. In the eyes of the Chinese government, Taiwan has always been a place of alienation. The birds are silent, the flowers are not fragrant, the men are ruthless, and the women are not righteous. It is indeed a badland territory, so it is nothing to cherish. Therefore, since the cession of Taiwan and Penghu on April 17, 1895, it has totally nothing to do with China. Therefore, the sovereignty of Taiwan and Penghu have never belonged to the ROC established in 1912, neither the PRC established in 1949.
Because the Shimonoseki Treaty clearly stated:
Article 2: China cedes to Japan in perpetuity and full sovereignty the following territories, together with all fortifications, arsenals, and public property thereon: (b) The island of Formosa, together with all islands appertaining or belonging to the said island of Formosa. (c) The Pescadores Group all islands lying between the 119th and 120th degrees of longitude east of Greenwich and the 23rd and 24th degrees of north latitude.
Article 5: The inhabitants of the territories ceded to Japan who wish to take up their residence outside the ceded districts shall be at liberty to sell their real property and retire. For this purpose, a period of two years from the date of the exchange of ratifications of the present Act shall be granted. At the expiration of that period those of the inhabitants who shall not have left such territories shall, at the option of Japan, be deemed to be Japanese subjects.
There is no consensus in the Cairo Declaration
For many years, the Government of the ROC, whether it is the KMT or the DDPP, has said that Japan has publicly announced in the Cairo Declaration that it will hand over the sovereignty of Taiwan and Penghu to China, but this is totally nonsense. From November 22 to 27, 1943, the three giants, President Roosevelt of the US, Prime Minister Churchill of the UK, and General Marshal Chiang Kai-shek of China did indeed meet in Cairo, Egypt, to discuss the territorial boundaries of Japan after the war. CKS tried his best to fight for the return of the sovereignty of Taiwan and Penghu to China through Soong Meiling, but the Cairo Conference was only an expression of opinions among allies, and the main subject was to discuss how to determine the territorial scope of Japan after the war. The collective perception of the Allies is that to severely punish the territories plundered by Japan in the First and Second World Wars, they must be released. Although they have their own plans, after all, they have reached a consensus that the scope of Japan's post-war territory should be limited to Honshu, Hokkaido, Kyushu, Shikoku, and other islands determined by the Allied Forces. The main consensus is that the Allies must not take the opportunity to expand their territory. Taiwan and Penghu are not land plundered by Japan during WWII. Therefore, CKS's claim for the sovereignty of Taiwan and Penghu was not accepted. Even at the end of the meeting on the 12th and 1st, no one signed the so-called Cairo Declaration. It was only a piece of draft paper, for a press release broadcast by the Cairo radio station that day. Later, the consent part was registered in Article 8 of the Potsdam Declaration and reconfirmed, and Japan publicly acknowledged its consent in the surrender document and was finally published in the San Francisco Peace Treaty.
The Potsdam Agreement and the Potsdam Declaration are different
The Potsdam Conference was divided into two sessions. The first half was to discuss the aftermath of the European theater, and the second half was to discuss how to deal with the aftermath in the Pacific theater. The European battlefield was retreated after the Normandy landing on June 6, 1944. The European battlefield of WWII ended on May 8, 1945. The Allied forces were led by Truman, Churchill, and Stalin, from July 17 to August 2, 1945. The meeting held in Potsdam, mainly to discuss and decide how to deal with the aftermath of the European battlefield, they signed the Potsdam Agreement. During the meeting, it was adjourned for two days, waiting for the announcement of the British general election. As a result, the Labor Party won, and Attlee became prime minister. He took over on July 26 and attended the meeting to discuss how to deal with Japanese territory once the Pacific War is over. The resolution reached at the meeting is the well-known Potsdam Declaration, which limits Japan’s post-WWII territorial scope. According to the consensus reached at the Cairo talks, CKS did not come to the meeting and did not participate in the proposal, discussion, or insistence. He only signed afterwards. Show consent. The Soviet Union only declared war on Japan on August 9 and added its signature after the story. Because Jiang missed the Potsdam Conference, coupled with the successive defeats of the KMT and the Communist Party in the civil war, naturally the weight of speeches at international conferences was greatly reduced.
The Taipei Treaty to end the war between China and Japan
Pursuant to the authorization of Article 26 of the San Francisco Peace Treaty, Japan and the ROC signed the Taipei Treaty, aka the Sino-Japanese Peace Treaty on April 28, 1952, aiming to formally end all wars and conflicts on the Chinese battlefield and return China and Japan to normal friendly diplomacy. The operation of affairs. There are 14 articles of the Taipei Treaty:
Article 4: Revocation of any treaty or agreement between the ROC and Japan before the declaration of war.
It is recognized that all treaties, conventions, and agreements concluded before 9 December 1941 between Japan and China have become null and void as a consequence of the war.
Article 5: Japan renounces all rights and interests of the Xin-Chou Treaty to China.
It is recognized that under the provisions of Article 10 of the San Francisco Treaty, Japan has renounced all special rights and its interests in China, including all benefits and privileges resulting from the provisions of the final Protocol signed at Peking on 7 September 1901, and all annexes, notes, and documents supplementary thereto, and has agreed to the abrogation in respect to Japan of the said protocol, annexes, notes, and documents.
Article 10 of the San Francisco Peace Treaty
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, and all annexes, notes and documents supplementary thereto, and agrees to the abrogation in respect to Japan of the said protocol, annexes, notes and documents.
Brainstorming to explore history Q & A
In this anniversary symposium, there are some topics mentioned that are worthy of careful consideration and exploration. The following is my opinion and interpretation:
Commodore Matthew Perry, the US black flagship team, was on the way to Japan in 1854. It landed in Keelung for exploring coal mines, American monument stones, and tracking down the American shipwreck. This was the earliest starting point for Taiwan-US relations. The Shimonoseki Treaty that the Qing Dynasty ceded Taiwan and Penghu to Japan in 1895 was drafted by John W Foster, who had served as the 32nd Secretary of State of the US. In 1951, the San Francisco Peace Treaty was drafted by his grandson John Foster Dulles, and later became the 52nd US Secretary of State. The US is closely related to the de jure status of Taiwan and Penghu today, but it is a pity that it has been deliberately obscured and downplayed by those who have different interests.
2. The relationship between Japan and Taiwan?
As early as the Muromachi period from 1336 to 1573, Japan had contacts with Taiwan, which was then known as Takasago, Takasago, and Takasago. The true relationship originated from the Shimonoseki Treaty on April 17, 1895. The Qing government in perpetuity ceded the full sovereignty of Taiwan and Penghu to Japan. It was not until the signing of the San Francisco Peace Treaty on September 8, 1951, that it renounced all right, title, and claim to Taiwan and Penghu. The peace treaty went into force on April 28, 1952.
3. The relationship between China and Taiwan?
Due to its geographical proximity to China, Taiwan and Penghu naturally have frequent exchanges. According to official records, the relationship first originated in 1662, when Zheng Chenggong defeated the Dutch government and officially entered Taiwan. After 21 years of rule, the Manchu Dynasty ruled for 212 years. Then it was ruled by Japan for 50 years. Since September 2, 1945, CKS was authorized by MacArthur’s General Order No. 1 to formally occupy Taiwan and Penghu. After the defeat of the KMT and the CCP in 1949, he fled to Taiwan and Penghu. After the signing of the San Francisco Peace Treaty, the Chiang’s KMT regime signed a defense treaty with the United States to defend Taiwan and Penghu. However, Communist China insisted that Taiwan was the unfinished endgame of the extension of the KMT and CCP civil war. Both the ROC and the PRC regard Taiwan and Penghu as an inalienable part of their territories.
4. The relationship between the ROC and Taiwan?
On October 25, 1945, the CKS’s regime accepted the surrender of the Japanese troops in Taiwan on behalf of the Allied forces, but interpreted it as the restoration of Taiwan, and of course no Allied forces agreed. CKS also reprimanded Chen Cheng in a telegram on January 12, 1949, admonishing Taiwan, and Penghu that Taiwan and Penghu are only the trusteeship of the ROC, and that they must not speak unscrupulously, saying that it is a base for national rejuvenation. However, under the high-pressure military rule of the KMT, Taiwan and Penghu have survived the white terror years of martial law and the ever-present garrison command. In 1996, under the leadership of Mr. Democracy Lee Teng-hui, Taiwan’s democratic system was initiated. However, Mr. Lee’s two-state theory, Chen Shuibian’s one side one country, Ma Ying-jeou’s 1992 consensus, and Tsai Ing-wen’s national consensus were all confined to the ROC and locked in Taiwan.
5. The relationship between the Taiwan people and Taiwan?
The people of Taiwan refer to the legal residents living in Taiwan and Penghu, including the earliest aborigines, Taiwanese during the Japanese rule, the Chinese who fled to Taiwan with CKS in 1949, and the descendants of these ethnic groups, as well as new residents who have migrated one after another. All the people living in Taiwan and Penghu, some people claim to be Chinese, Hakka, Huluo, mountain people, or aboriginal people. But more than 75% of them consider themselves Taiwanese.
6. The relationship between Kinmen/Matsu and Taiwan/Penghu?
Kinmen/Matsu is currently a territory under the jurisdiction of the ROC. They are close to China and should belong to PRC territory. However, because the government of the ROC still sends troops to defend it, the PRC government has an excuse to regain the country, the purpose of which is to annex Taiwan and Penghu. Therefore, the relationship between Kinmen/Matsu and Taiwan/Penghu is ambiguous and incompatible. Perhaps the Kinmen/Matsu should belong to the ROC, and they can choose to return to China; while Taiwan and Penghu will return to the people of Taiwan, they will establish their own government and country in the future.
7. The relationship between the UN and Taiwan?
The UN was established on October 24, 1945. The Security Council held its 530th meeting on November 30, 1950 and concluded Taiwan and Penghu do not belong to China. The Joint General Assembly passed Resolution 2758 on October 25, 1971. The PRC officially replaced the ROC in the UN and its membership in the international community, but it did not reflect the decision of the 530th meeting of the Security Council.
8. The relationship between the SFPT and Taiwan?
The San Francisco Peace Treaty was the only international treaty that explicitly regulated the sovereignty of Taiwan after the permanent ceding of all sovereignty of Taiwan and Penghu to Japan in accordance with the Shimonoseki Treaty in 1895. In accordance with the peace treaty, Japan formally announced its abandonment of all right, title, and claim to Taiwan and Penghu; the treaty also designated the US as the principal occupying power of Taiwan and Penghu and holds the sovereignty.
9. What is the relationship between Shimonoseki Treaty and Taiwan?
Due to the defeat of the Sino-Japanese War of 1894-1895, the Qing government signed the Shimonoseki Treaty with Japan; in accordance with the agreement, the full sovereignty of Taiwan and Penghu was ceded in perpetuity to Japan. Article 5 of the treaty stipulates that resident who were ceded could freely sell all their real estate and move. The residents of the area will be regarded as Japanese nationals 2 years after the ratification of the treaty. Therefore, according to international law, residents of Taiwan and Penghu from 17April 1895 to 5 August 1952 are Japanese nationals.
10. Conclude all these various relationships
To sum up the above: "The relationship between the US and Taiwan, the relationship between Japan and Taiwan, the relationship between China and Taiwan, the relationship between the ROC and Taiwan, the relationship between the Taiwan people and Taiwan, the relationship between Kinmen/Matsu and Taiwan, the relationship between the UN and Taiwan, the relationship between SFPT and Taiwan, the relationship between Shimonoseki and Taiwan" can be roughly interpreted as: "The US has a de jure relationship with Taiwan, Japan still has a residual sovereignty relationship with Taiwan, China long ceded Taiwan has no relationship with Taiwan, the ROC in exile has a proxy military occupation relationship, the Taiwan people awaits the relationship to establish a government and state, the SFPT regulates the relationship between Taiwan and today's international status, and the Shimonoseki Treaty China officially declares ceded the full sovereignty of Taiwan in perpetuity to Japan has no relationship with Taiwan.”To put it simply, Taiwan and Penghu has been abandoned by China since April 17, 1895, and has never belonged to the ROC established in 1912, nor to the PRC established in 1949. The Constitution of the ROC was rejected by worldwide Chinese for they have their own constitution of the PRC, so why should they force the people of Taiwan to implement it?
A. Who else is citing the provisions of the SFPT in international Taiwan policy?
The SFPT is already a norm followed by the international community. The US has fulfilled its responsibilities as the principal occupying power in accordance with the agreement and safeguarded Taiwan's security and prosperity. Although China bullies Taiwan everywhere, it dares not go beyond the thunder pool.
B. Who is the sovereign of Taiwan?
Taiwan’s sovereignty is currently held by the principal occupying power, the US, and will eventually be handed over to the government that truly represents the people of Taiwan. The DPP government currently in power in Taiwan claims to be ROC-Taiwan, and it is not a government that truly represents the people of Taiwan. Taiwan’s sovereignty can only be given to a government that truly represents the people of Taiwan, not any individual Taiwanese. Please note that sovereignty is owned by the government representing the people, not by any individual.
C. The establishment of diplomatic relations with PRC recognizes Taiwan as part of China, it violates the peace treaty, which one should I listen to (or depends on the size of the fist)?
The international community only "acknowledges" China's one-China principle, but no one "recognizes" or "accepts" it. Although great power can make people succumb, international treaties are still the norm that everyone abides by.
D. The US is the principal occupying power, and the ROC is the proxy governing Taiwan. Is it history, myth, or on going?
The US is the principal occupying power, and the ROC is a proxy governing Taiwan. It is history, fact, and ongoing. The US only recognizes the ROC and is currently the governing authority on Taiwan. It is only a proxy governing authority on Taiwan.
5. Wow! It beats me. What is the SFPT?
The SFPT is the only international treaty that regulates Taiwan's de jure status after the Shimonoseki Treaty in 1895. Don't forget that Taiwan was a defeated country belonging to Japan in WWII. Its final jurisprudence status still needs to be confirmed in accordance with international jurisprudence procedures. The US is the principal occupying power, and the President of the US has the right to speak of Taiwan's final legal status. Those in power in Taiwan must cooperate closely with the US.