Taiwan Belongs to the Republic of China (Revised)

Taiwan Belongs to the Republic of China
(Revised)

By Stephen S. F. Chen

Strictly speaking, based on the Republic of China Constitution, it would be farfetched to refer to the Republic of China as being “on Taiwan” (“the government of the Republic of China on Taiwan,” however, is a correct phraseology), let alone defining the Republic of China as “tantamount to Taiwan.” “Taiwan belongs to the Republic of China” would be a more reasonable statement.

The Republic of China is the successor state to the Manchu Dynasty of China, and as such succeeded all treaties signed between the Manchu Dynasty and foreign countries, including the Treaty of Shimonoseki, signed in 1895, in which the Manchu Dynasty ceded Taiwan to Japan following its defeat in the First Sino-Japanese War of 1894-1895.

Japan started invading China as early as 1931, with its sweep of Manchuria; however, only after the Marco Polo Bridge Incident in 1937 did China organize a full-scale war of resistance against Japanese aggresion, marking the beginning of the Second Sino-Japanese War. In 1941, Japan launched a surprise attack on Pearl Harbor and invaded American and British colonies in Asia. The Republic of China followed the footsteps of the US and Britain in declaring war on Japan; the three countries formed an alliance against Japan. The Republic of China, in accordance with international law, declared that all treaties signed between China and Japan, including the Treaty of Shimonoseki, were null and void.

The Cairo Conference took place between the US, the UK, and China in December 1943. In the Cairo Declartion that ensued, the three counties required that Japan should return all the territories stolen from the Republic of China including Manchuria, Formosa, and the Pescadores. The stipulation was later repeated in the Potsdam Declaration of 1945, and accepted by Japan in its Instrument of Surrender in 1945.

Following Japan’s unconditional surrender (not “ending of war” as described by certain Japanese and pro-Japan individuals) in August 1945, the Republic of China government immediately reclaimed Manchuria, Formosa, and the Pescadores. Back then, not a single country in the world questioned Taiwan’s status or objected to Taiwan’s return to the Republic of China’s jurisdiction.

Unfortunately, the Chinese Civil War resumed shortly after, while thereafter the unfortunate 2/28 Incident occurred in 1947. The Republic of China government relocated from Nanjing to Taipei in 1949 after losing control of the Mainland to the Chinese Communists. It was the worst of times for the Republic of China government; however, Divine Providence did not forsake the ROC. An epic victory in the Battle of Kuningtou on Kinmen Island on October 25, 1949 was a crucial morale-booster.

However, it is undeniable that the Republic of China was experiencing a Dark Ages on the diplomatic front at that time. Its plight was evident following the release of a White Paper by the US State Department in August 1949. After the creation of the People’s Republic of China, US President Harry S. Truman, however, stressed in a press conference on January 5, 1950, “In the Joint Declaration at Cairo on December 1, 1943, the President of the United States, the British Prime Minister, and the President of China stated that it was their purpose that territories Japan had stolen from China, such as Formosa, should be restored to the Republic of China. The United States was a signatory to the Potsdam Declaration of July 26, 1945, which declared that the terms of the Cairo Declaration should be carried out. The provisions of this declaration were accepted by Japan at the time of its surrender. In keeping with these declarations, Formosa was surrendered to Generalissimo Chiang Kai-shek, and for the past 4 years the United States and other Allied Powers have accepted the exercise of Chinese [referring to the Republic of China] authority over the island.”

Later that day, Secretary of State Dean Gooderham Acheson, citing the Cairo Declartion and the Potsdam Declaration, said, “In the middle of the war, the President of the United States, the Prime Minister of Great Britain, and the President of China [referring to the Republic of China] agreed at Cairo that among the areas stolen from China by Japan was Formosa and Formosa should go back to China.

“As the President pointed out this morning, that statement was incorporated in the declaration at Potsdam and that declaration at Potsdam was conveyed to the Japanese as one of the terms of their surrender and was accepted by them, and the surrender was made on that basis.

”Shortly after that, the Island of Formosa was turned over to the Chinese in accordance with the declarations made and with the conditions of the surrender.

“The Chinese [referring to the Republic of China] have administered Formosa for 4 years. Neither the United States nor any other ally ever questioned that authority and that occupation. When Formosa was made a province of China nobody raised nay lawyers’ doubts about that. That was regarded as in accordance with the commitments.

“Now, in the opinion of some, the situation is changed. They believe that the forces now in control of the mainland of China, the forces which undoubtedly will soon be recognized by some other countries, are not friendly to us, and therefore they want to say, “Well, we have to wait for a treaty.” We did not wait for a treaty on Korea. We did not wait for a treaty on the Kuriles. We did not wait for a treaty on the islands over which we have trusteeship.

“Whatever may be the legal situation, the United States of America, Mr. Truman said this morning, is not going to quibble on any lawyers’ words about the integrity of its position. That is where we stand.

“Therefore, the President says, we are not going to use our forces in connection with the present situation in Formosa. We are not going to attempt to seize the Island. We are not going to get involved militarily in any way on the Island of Formosa. So far as I know, no responsible person in the Government, no military man has ever believed that we should involve our forces in the island.”

The international political scene experienced a drastic change after the Korean War broke out on June 25, 1950. Seeing Taiwan’s strategic importance, President Truman ordered the Seventh Fleet to patrol the Taiwan Strait and declared, “Regarding confirmation of Taiwan’s status…it should not be decided until after peace and stability are restored in the region, or until after a peace treaty is signed with Japan, or until the United Nations reaches a decision on the subject.”

While the US once thought about defining Taiwan’s status as “undecided” until the signing of a peace treaty with Japan to save Taiwan from the grip of Communist China, it made its stance clear following its exchange of notes with the Republic of China government in February 1951, which led to the creation of the Joint Defense and Mutual Assistance Agreement. Meanwhile, the US steadfastly refused to recognize the People’s Republic of China regime.

In 1951, the Allies of World War Two, including the US and the UK, began to discuss the signing of a peace treaty with Japan. Pro-PRC countries, including the UK, the Soviet Union, and India, argued that the PRC, not the ROC, should be invited to the peace conference as the representaive of China. The US finally decided not to invite any representative of China to the conference, which meant neither the PRC nor the ROC would be invited. The US postulated that Japan should be allowed to sign a separate peace treaty with either the ROC or the PRC government after restoring its sovereignty following the signing of the Peace Treaty of San Francisco. Japan, at the urging of the US, chose the ROC. The Treaty of Peace between the Republic of China and Japan was signed on April 28, 1952 in Taipei, putting an end to all the uncertainties regarding the so-called undecided status of Taiwan.

The signing of ROC-US Mutual Defense Treaty in 1954 greatly impoved Taipei’s international status. It signified the fact that the Republic of China’s sovereignty over Taiwan and Pescadores has been confirmed by international treaties. If one follows the argument that Taiwan’s status had remained undecided even after a separate peace treaty had been signed betweeen the ROC and Japan, how would it have been possible for the United States to sign a treaty of mutual defense with the Republic of China for the specific purpose of protecting Taiwan and Pescadores? It takes only elementary knowledge in international law to see through the fallacy of its logic.

In view of the foregoing, existing controversies over Taiwan’s status should all be dispelled. Taiwan belongs to the Republic of China. Period. The fact that both Japan and the United States later switched diplomatic relations from Taipei to Beijing is irrelevant to the status of Taiwan, as other countries, however small the number may be, continue to recognize the Republic of China to this day.

(Stephen S. F. Chen, a retired career diplomat, is a former principal representative of the Republic of China to the United States. He served in Washington from 1997 to 2000).

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