Analysis of information sources in references of the Wikipedia article "台灣地位未定論" in Chinese language version.
台湾という地域は、サンフランシスコ平和条約において日本政府が領土権を放棄しただけで、その正式な帰属はまだ決まっていないとするのが、旧連合国一般の見解である。
Formal transfer of Formosa to China was to await the conclusion of peace with Japan or some other appropriate formal act......The Government of the United States has made it abundantly clear that the measures it has taken with respect to Formosa were without prejudice to the long-term political status of Formosa, and that the United States has no territorial ambitions and seeks no special position or privilege with respect to Formosa. The United States believes further that the future of Formosa and of the nearly 8 million people inhabited there should be settled by peaceful means in accordance with the Charter of the United Nations.
That Declaration, like other wartime declarations such as those of Yalta and Potsdam, was in the opinion of the United States Government subject to any final peace settlement where all relevant factors should be considered. The United States cannot accept the view, apparently put forward by the Soviet Government, that the views of other Allies not represented at Cairo must be wholly ignored. Also, the United States believes that declarations such as that issued at Cairo must necessarily be considered in the light of the United Nations Charter, the obligations of which prevail over any other international agreement.
The legal position is different, as I think I pointed out in my last press conference, by virtue of the fact that technical sovereignty over Formosa and the Pescadores has never been settled. That is because the Japanese peace treaty merely involves a renunciation by Japan of its right and title to these island. But the future title is not determined by the Japanese peace treaty, nor is it determined by the peace treaty which was concluded between the Republic of China and Japan. Therefore, the juridical status of these islands, Formosa and the Pescadores, is different from the juridical status of the offshore islands which have always been Chinese territory.
In 1945 our long-time ally, the Republic of China, was entrusted with authority over these islands.
The Japanese peace treaty of 1951 ended Japanese sovereignty over the islands but did not formally cede them to "China," either Communist or Nationalist.
p7. "In any case, there appears to be strong legal ground to support the view that since the entry into force of the 1952 ROC-Japan bilateral peace treaty, Taiwan has become the de jure territory of the ROC. This interpretation of the legal status of Taiwan is confirmed by several Japanese court decisions. For instance, in the case of Japan v. Lai Chin Jung, decided by the Tokyo High Court on December 24, 1956, it was stated that ‘Formosa and the Pescadores came to belong to the Republic of China, at any rate on August 5, 1952, when the [Peace] Treaty between Japan and the Republic of China came into force…’”
p8. “the principles of prescription and occupation that may justify the ROC's claim to Taiwan certainly are not applicable to the PRC because the application of these two principles to the Taiwan situation presupposes the validity of the two peace treaties by which Japan renounce its claim to Taiwan and thus makes the island terra nullius."
From the legal standpoint, Taiwan is not part of the Republic of China. Pending a Japanese peace treaty, the island remains occupied territory......neither the US, or any other power, has formally recognized the annexation by China of Taiwan......There is a strong sentiment in Taiwan favoring autonomy, but the situation is complicated by the conflicting interests of the native Taiwanese and Chinese Nationalist element. The Taiwanese bitterly resent the performance of the Nationalist administration on Taiwan since VJ-day. The Chinese rulers have exploited the native population to the limit, without regard for their welfare or the preservation of the island's resources......The Nationalist Army, Navy and Air Force are not only inefficient, but their loyalty and will to fight are questionable. In addition, such a refugee regime would be unstable because of the hostility of the local population which, in these circumstances, would be increasingly susceptible to Communist influence.
After occupying Taiwan in 1945 as a result of Japan's surrender, the Nationalists were defeated on the mainland in 1949, abandoning it to retreat to Taiwan.
He explained that the U.S. regards the status of the island as unsettled ...... This statement of purpose was never formally implemented or executed
In neither [the Japanese Peace Treaty of 1951 nor the Treaty of Peace between the Republic of China and Japan of 1952] did Japan cede this area [of Formosa and the Pescadores] to any particular entity.
......after Japan's defeat in 1945, Taiwan and the Pescadores were assigned to the Republic of China for purposes of post-war occupation. Taiwan was still under this occupation four years later, when the ROC government fled to Taiwan after the communist victory in the civil war on mainland China.
The United States has its own “one China” policy (vs. the PRC's “one China” principle) and position on Taiwan's status. Not recognizing the PRC's claim over Taiwan nor Taiwan as a sovereign state, U.S. policy has considered Taiwan's status as unsettled. ...... The United States did not state a stance on the sovereign status of Taiwan in the three U.S.-PRC Joint Communiqués of 1972, 1979, and 1982. The United States simply “acknowledged” the “one China” position of both sides of the Taiwan Strait.
In August 1945, when U.S. General MacArthur (as the Supreme Commander for the Allied Powers) assigned the R.O.C government to receive the surrender of the Japanese commanders in Taiwan, the R.O.C. government was still in control of a large part of China's territory. But, by 1949, that government had lost control over most of China's territory to the Chinese Communists in a civil war and taken refuge in Formosa, outside of China's territory.....It was the United States that assigned Chiang Kai-shek's R.O.C. government to occupy and administer the island of Taiwan on its behalf. So, fifty years later, the R.O.C. government still acts as an agent of the United States. The passage of time will not change, and has not changed, the legal relationship of agent and principal.
After occupying Taiwan in 1945 as a result of Japan's surrender, the Nationalists were defeated on the mainland in 1949, abandoning it to retreat to Taiwan.
All foreign witnesses of the slaughters, looting and wholesale imprisonment of natives by Chinese troops and police agree that bitter hostility has been fanned among Formosans......China's possession of the island has not been formalized by international treaty. This cannot come about until the peace pact with Japan is concluded. Formosans know this and some are talking of appealing to the United Nations to put the island under an international mandate. They stress that China has no more historical claim to Formosa than the Japanese, Dutch and Portuguese, who had early trading interests there.
It has not, sir. Legalistically it is still a part of defeated Japan. The disposition of the various segments of the Empire of Japan has not yet been formally determined. There were certain agreements that were entered into, as I understood it, at Yalta and other places, but legalistically Formosa is still a part of the Empire of Japan. ...... The Allies turned over what you might call the administration and the trusteeship of Formosa to China, just as Japan was turned over to us, and it is still in that status.
......Secretary of State Dulles prepared to go before the Senate Foreign Relations Committee tomorrow to urge Senate ratification of the mutual assistance treaty with the Republic of China.
The Administration clarified its position on the legal status of Formosa, and was prepared to make clear to the Senate that ratification of the treaty with President Chiang Kai-shek would not give him legal sovereignty over Formosa and Pescadores......
......Some prominent Democrats have suggested that the signing of a mutual defense agreement with President Chiang will change the legal status of these territories and give the Nationalists sovereignty over them.
Mr. Dulles will reject this argument when he testifies on the treaty this week. He will assert that the Administration does not regard the sovereignty of Formosa and the Pescadores as having been settled. His view is that the treaty will not give General Chiang sovereignty over these islands.
Ths position of the Administration is that these territories were handed over to the Allied and associated powers of World War II by Japan, which had held them since 1895, and that General Chiang was merely asked to administer them for the Allied and associated powers pending a final decision as to their ownership......
Taiwan “was detached from Japan, but it was not attached to anyone.”
the long-term status of Taiwan is unclear and “this is a question which must be decided one of these days, taking the wishes of the Formosa population into consideration.”
Formosans are reported to be seeking United Nations' action on their case. Some have approached foreign consuls to ask that Formosa be put under the jurisdiction of Allied Supreme Command or be made an American protectorate. Formosan hostility to the mainland Chinese has deepened.
Two women who described events at Pingtung said that when Formosans assembled to take over the administration of the town they sang "The Star Spangled Banner."
Even as to terra nullius, like a volcanic island or territory abandoned by its former sovereign, a claimant by right as against all others has more to do than planting a flag or rearing a monument. Since the 19th century the most generous settled view has been that discovery accompanied by symbolic acts give no more than "an inchoate title, an option, as against other states, to consolidate the first steps by proceeding to effective occupation within a reasonable time.8 I. Brownlie, Principles of Public International Law 146 (4th ed.1990); see also 1 C. Hyde, International Law 329 (rev.2d ed.1945); 1 L. Oppenheim International Law §§222-223, pp. 439-441 (H. Lauterpacht 5th ed.1937); Hall A Treatise on International Law, at 102-103; 1 J. Moore, International Law 258 (1906); R. Phillimore, International Law 273 (2d ed. 1871); E. Vattel, Law of Nations, §208, p. 99 (J. Chitty 6th Am. ed. 1844).
The official British position was set out in a 1972 agreement with China, under which the United Kingdom “acknowledged the position of the government of the PRC that Taiwan was a province of the PRC and recognised the PRC Government as the sole legal Government of China.”
He recalled that the legal status of the island of Formosa was not determined at the San Francisco Peace Conference, at which Japan merely renounced her sovereignty. He repeated a suggestion he had made to Ambassador Stevenson, that a conference of those nations which attended the San Francisco Conference be called to determine the legal status of Formosa.
The United States does not recognize the "Republic of China" as a state or government.
The action of the United States was expressly stated to be without prejudice to the future political settlement of the status of the Island. The actual status of the Island is that it is territory taken from Japan by the victory of the Allied Forces in the Pacific. Like other such territories, its legal status cannot be fixed until there is international action to determine its future. The Chinese Government was asked by the Allies to take the surrender of the Japanese forces on the Island. That is the reason the Chinese are there now.
I wish, however, to make it clear that, in the view of Her Majesty's Government in the United Kingdom sovereignty over the island of Formosa is undetermined. It therefore follows in its view that the question as to who should represent Formosa in the United Nations is also undetermined. The vote which I cast in favour of the draft resolution and of the amendment does not prejudice the position of Her Majesty's Government on this point.
He explained that the U.S. regards the status of the island as unsettled ...... This statement of purpose was never formally implemented or executed
In neither [the Japanese Peace Treaty of 1951 nor the Treaty of Peace between the Republic of China and Japan of 1952] did Japan cede this area [of Formosa and the Pescadores] to any particular entity.
Formosans are reported to be seeking United Nations' action on their case. Some have approached foreign consuls to ask that Formosa be put under the jurisdiction of Allied Supreme Command or be made an American protectorate. Formosan hostility to the mainland Chinese has deepened.
Two women who described events at Pingtung said that when Formosans assembled to take over the administration of the town they sang "The Star Spangled Banner."
All foreign witnesses of the slaughters, looting and wholesale imprisonment of natives by Chinese troops and police agree that bitter hostility has been fanned among Formosans......China's possession of the island has not been formalized by international treaty. This cannot come about until the peace pact with Japan is concluded. Formosans know this and some are talking of appealing to the United Nations to put the island under an international mandate. They stress that China has no more historical claim to Formosa than the Japanese, Dutch and Portuguese, who had early trading interests there.
The action of the United States was expressly stated to be without prejudice to the future political settlement of the status of the Island. The actual status of the Island is that it is territory taken from Japan by the victory of the Allied Forces in the Pacific. Like other such territories, its legal status cannot be fixed until there is international action to determine its future. The Chinese Government was asked by the Allies to take the surrender of the Japanese forces on the Island. That is the reason the Chinese are there now.
It has not, sir. Legalistically it is still a part of defeated Japan. The disposition of the various segments of the Empire of Japan has not yet been formally determined. There were certain agreements that were entered into, as I understood it, at Yalta and other places, but legalistically Formosa is still a part of the Empire of Japan. ...... The Allies turned over what you might call the administration and the trusteeship of Formosa to China, just as Japan was turned over to us, and it is still in that status.
......Secretary of State Dulles prepared to go before the Senate Foreign Relations Committee tomorrow to urge Senate ratification of the mutual assistance treaty with the Republic of China.
The Administration clarified its position on the legal status of Formosa, and was prepared to make clear to the Senate that ratification of the treaty with President Chiang Kai-shek would not give him legal sovereignty over Formosa and Pescadores......
......Some prominent Democrats have suggested that the signing of a mutual defense agreement with President Chiang will change the legal status of these territories and give the Nationalists sovereignty over them.
Mr. Dulles will reject this argument when he testifies on the treaty this week. He will assert that the Administration does not regard the sovereignty of Formosa and the Pescadores as having been settled. His view is that the treaty will not give General Chiang sovereignty over these islands.
Ths position of the Administration is that these territories were handed over to the Allied and associated powers of World War II by Japan, which had held them since 1895, and that General Chiang was merely asked to administer them for the Allied and associated powers pending a final decision as to their ownership......
I wish, however, to make it clear that, in the view of Her Majesty's Government in the United Kingdom sovereignty over the island of Formosa is undetermined. It therefore follows in its view that the question as to who should represent Formosa in the United Nations is also undetermined. The vote which I cast in favour of the draft resolution and of the amendment does not prejudice the position of Her Majesty's Government on this point.
Taiwan “was detached from Japan, but it was not attached to anyone.”
the long-term status of Taiwan is unclear and “this is a question which must be decided one of these days, taking the wishes of the Formosa population into consideration.”
......after Japan's defeat in 1945, Taiwan and the Pescadores were assigned to the Republic of China for purposes of post-war occupation. Taiwan was still under this occupation four years later, when the ROC government fled to Taiwan after the communist victory in the civil war on mainland China.
The United States does not recognize the "Republic of China" as a state or government.
The United States has its own “one China” policy (vs. the PRC's “one China” principle) and position on Taiwan's status. Not recognizing the PRC's claim over Taiwan nor Taiwan as a sovereign state, U.S. policy has considered Taiwan's status as unsettled. ...... The United States did not state a stance on the sovereign status of Taiwan in the three U.S.-PRC Joint Communiqués of 1972, 1979, and 1982. The United States simply “acknowledged” the “one China” position of both sides of the Taiwan Strait.
At the conclusion of World War II, the Supreme Commander of the Allied Command in the Pacific, General Douglas MacArthur, authorized the Nationalist Chinese authorities to accept the surrender of Formosa from the Japanese and to undertake temporarily military occupation of the island as a trustee on behalf of the Allied Powers.
In August 1945, when U.S. General MacArthur (as the Supreme Commander for the Allied Powers) assigned the R.O.C government to receive the surrender of the Japanese commanders in Taiwan, the R.O.C. government was still in control of a large part of China's territory. But, by 1949, that government had lost control over most of China's territory to the Chinese Communists in a civil war and taken refuge in Formosa, outside of China's territory.....It was the United States that assigned Chiang Kai-shek's R.O.C. government to occupy and administer the island of Taiwan on its behalf. So, fifty years later, the R.O.C. government still acts as an agent of the United States. The passage of time will not change, and has not changed, the legal relationship of agent and principal.
Even as to terra nullius, like a volcanic island or territory abandoned by its former sovereign, a claimant by right as against all others has more to do than planting a flag or rearing a monument. Since the 19th century the most generous settled view has been that discovery accompanied by symbolic acts give no more than "an inchoate title, an option, as against other states, to consolidate the first steps by proceeding to effective occupation within a reasonable time.8 I. Brownlie, Principles of Public International Law 146 (4th ed.1990); see also 1 C. Hyde, International Law 329 (rev.2d ed.1945); 1 L. Oppenheim International Law §§222-223, pp. 439-441 (H. Lauterpacht 5th ed.1937); Hall A Treatise on International Law, at 102-103; 1 J. Moore, International Law 258 (1906); R. Phillimore, International Law 273 (2d ed. 1871); E. Vattel, Law of Nations, §208, p. 99 (J. Chitty 6th Am. ed. 1844).
p7. "In any case, there appears to be strong legal ground to support the view that since the entry into force of the 1952 ROC-Japan bilateral peace treaty, Taiwan has become the de jure territory of the ROC. This interpretation of the legal status of Taiwan is confirmed by several Japanese court decisions. For instance, in the case of Japan v. Lai Chin Jung, decided by the Tokyo High Court on December 24, 1956, it was stated that ‘Formosa and the Pescadores came to belong to the Republic of China, at any rate on August 5, 1952, when the [Peace] Treaty between Japan and the Republic of China came into force…’”
p8. “the principles of prescription and occupation that may justify the ROC's claim to Taiwan certainly are not applicable to the PRC because the application of these two principles to the Taiwan situation presupposes the validity of the two peace treaties by which Japan renounce its claim to Taiwan and thus makes the island terra nullius."
From the legal standpoint, Taiwan is not part of the Republic of China. Pending a Japanese peace treaty, the island remains occupied territory......neither the US, or any other power, has formally recognized the annexation by China of Taiwan......There is a strong sentiment in Taiwan favoring autonomy, but the situation is complicated by the conflicting interests of the native Taiwanese and Chinese Nationalist element. The Taiwanese bitterly resent the performance of the Nationalist administration on Taiwan since VJ-day. The Chinese rulers have exploited the native population to the limit, without regard for their welfare or the preservation of the island's resources......The Nationalist Army, Navy and Air Force are not only inefficient, but their loyalty and will to fight are questionable. In addition, such a refugee regime would be unstable because of the hostility of the local population which, in these circumstances, would be increasingly susceptible to Communist influence.
In particular, it is considered that exemption from Japanese jurisdiction was not intended to be accorded the estimated 20,000 persons in Japan claiming to be Taiwanese; these persons throughout the war were enemy nationals and according to Japanese law still retain Japanese nationality, excepting only those who have individually divested themselves thereof in accordance with established procedure......It should, however, be pointed out that from the legal standpoint the transfer of Taiwan's Sovereignty remains to be formalized; assumably a treaty of cession will in due course be negotiated which will effect such transfer and which may contain provisions in regard to appropriate change in the national status of Taiwan's residents.
Formosans stress American responsibility through Cairo decision and have published intent to appeal for American help in seeking UN intervention pending final transfer sovereignty to China. Responsible island-wide group preparing formal petition and has so advised Consulate. One such petition received addressed to General Marshall. Possibilities of interim administration under SCAP openly discussed. ...... American prestige high and intervention profoundly desired by Formosans who believe representations at Nanking and direct intervention here justifiable for UN under present Japanese de jure sovereignty status.
Formosans are reported to be seeking United Nations' action on their case. Some have approached foreign consuls to ask that Formosa be put under the jurisdiction of Allied Supreme Command or be made an American protectorate. Formosan hostility to the mainland Chinese has deepened.
Two women who described events at Pingtung said that when Formosans assembled to take over the administration of the town they sang "The Star Spangled Banner."
All foreign witnesses of the slaughters, looting and wholesale imprisonment of natives by Chinese troops and police agree that bitter hostility has been fanned among Formosans......China's possession of the island has not been formalized by international treaty. This cannot come about until the peace pact with Japan is concluded. Formosans know this and some are talking of appealing to the United Nations to put the island under an international mandate. They stress that China has no more historical claim to Formosa than the Japanese, Dutch and Portuguese, who had early trading interests there.
Dept's position re status Taiwan made clear in statement by Dept spokesman that final determination must await conclusion peace settlement for Japan.
......should a refugee Chinese government or a Chinese government in exile be set up in Taiwan, which is not yet legally Chinese territory, it is probable that the British Government would simply appoint a British Consulate in Tamsui as an office of the British Embassy in China.
Even though declarations in regard to the intention of the US and UK toward the return of Formosa to China had been made at Cairo and even though these declarations of intentions had been confirmed by the Potsdam pronouncements with which the USSR was associated, the fact was that the title to Formosa had not passed to China. I myself seriously doubted the legal authority of two or three powers to convey title for Formosa to China and that actually China could not be vested with the title to Formosa except by the terms of an international agreement or peace settlement with Japan or alternatively in accordance with and pursuant to a lawfully made decision of the UN.
There come to mind number of factors, generally unenvisaged at time Cairo Declaration, which lead us not to accept that Declaration as necessarily last word on subj Formosa.
(a) Commitments by USSR in connection with Cairo and Potsdam (e.g. independence of Korea and support of Natl Govt of Chi) have been grossly flouted;
(b) Record of Chi Natl Govt in Formosa, which assumed responsibility fol VJ-Day, has not been satis;
(c) It appears to us to be one thing to turn Formosa over to Rep of Chi as constituted at time Cairo Declaration; quite another to turn it over to Peiping regime which is acting in support of Moscow conspiracy against free nations;
(d) In view drastic change in situation in Chi and hostile totalitarian regime now established Peiping, are democratic countries not entitled to question the turning of Formosa over to such regime without consulting Formosans or applying principles of UN Charter applicable to dependent peoples?......
Formal transfer of Formosa to China was to await the conclusion of peace with Japan or some other appropriate formal act......The Government of the United States has made it abundantly clear that the measures it has taken with respect to Formosa were without prejudice to the long-term political status of Formosa, and that the United States has no territorial ambitions and seeks no special position or privilege with respect to Formosa. The United States believes further that the future of Formosa and of the nearly 8 million people inhabited there should be settled by peaceful means in accordance with the Charter of the United Nations.
On the question of Formosa, we have noted that both Chinese claimants have insisted upon the validity of the Cairo Declaration and have expressed reluctance to have the matter considered by the United Nations. We agreed that the issues should be settled by peaceful means and in such a way as to safeguard the interests of the people of Formosa and the maintenance of peace and security in the Pacific, and that consideration of this question by the United Nations will contribute to these ends.
That Declaration, like other wartime declarations such as those of Yalta and Potsdam, was in the opinion of the United States Government subject to any final peace settlement where all relevant factors should be considered. The United States cannot accept the view, apparently put forward by the Soviet Government, that the views of other Allies not represented at Cairo must be wholly ignored. Also, the United States believes that declarations such as that issued at Cairo must necessarily be considered in the light of the United Nations Charter, the obligations of which prevail over any other international agreement.
The conversation then turned to territorial and security problems and President Quirino emphasized the deep interest of his country in the future of Formosa and expressed disagreement with what he understood would be the United States' position that the future of Formosa should be determined in the first instance by only Big Four. President Quirino intended that the Philippiones should be a party to any determinination of the future of Formosa and that in his opinion some form of United Nations trusteeship might be the most satisfactory solution. Mr. Dulles stated that the original position of the United States had been tentative only; that the United States would certainly wish to consider carefully the views of the Philippine Government on this matter and that he too had long been of the personal opinion that a United Nations trusteeship might be the best solution. However, the Chinese Nationalist Government was completely opposed to any such solution and it would therefore be useful to seek some other formula and in this regard the suggestions of the Philippine Government would be most welcome
Mr. Spender's second point was with regard to Formosa. He said that if the intention was to confirm the National Government's title to the island Australia would have serious reservations. The Australian Government has no desire to recognize the Chinese Communist regime but is very unhappy over continued recognition of the National Government, and would be reluctant to strengthen that Government by giving it Formosa. Ambassador Dulles said that Formosa presented a difficult problem. It was not our intention to confirm the National Government's title to Formosa. Mr. Spender suggested that the best solution might be to require Japan to renounce title without indicating to whom title had been transferred.
It is the view of His Majesty's Government in the United Kingdom that the Central People's Government of China should be invited to participate in any negotiations for the conclusion of a peace treaty with Japan......With respect to the second point, that is the renunciation by Japan of claims to Formosa in favor of China without specifying what China. Sir Oliver said that he thought our language, which provided for the renunciation of Formosa by Japan, but without specifying who should have it was a little bit vague......Ambassador Dulles said that this, too, presented us with many problems but that we would consider the British views carefully.
As the Government of the United States does not recognize the Central People's Government of China it would not find it possible to invite that regime to participate in negotiations with it for the conclusion of a Peace Treaty with Japan......With respect to Formosa, Mr. Dulles emphasized the view of the United States that a Treaty with Japan should do nothing which would of itself and suddenly eliminate all international concern over the disposition of Formosa; nor did it appear wise to the United States Government that Japan by a Treaty should be compelled to take action which might in fact result in Japan itself becoming embroiled in a controversy or being given an opportunity to claim that the “China” to which Formosa had been turned over was not the “China” to which the Japanese had intended, by the Treaty, Formosa should be turned over. Mr. Dulles then reviewed at some length the United States general position with regard to Formosa and the undesirability of turning over to a Communist regime the island and people of Formosa without some attempt being made to determine the desires of the people of that island......
The treaty also provides for Japan to renounce its sovereignty over Formosa and the Pescadores Islands. The treaty itself does not determine the future of these islands. The future of Formosa was referred to in the Cairo Declaration but that Declaration also contained provisions in respect to Korea, together with the basic principles of non-aggression and no territorial ambitions. Until China shows by her action that she accepts those provisions and principles, it will be difficult to reach a final settlement of the problem of Formosa. In due course a solution must be found, in accord with the purposes and principles of the Charter of the United Nations. In the meantime, however, it would be wrong to postpone making peace with Japan. We therefore came to the conclusion that the proper treatment of Formosa in the context of the Japanese peace treaty was for the treaty to provide only for renunciation of Japanese sovereignty.
FYI word “terrs” shld not be employed in way to imply Formosa is for purposes of Treaty already legal Dept China. Such action wld make difficult any possible future UN action; also it is not believed to be matter to be determined only by bilat Sino-Jap arrangement.
......Formosa and the Pescadores had a distinctive juridical status under the Japanese Peace Treaty. They were not technically under Chinese sovereignty since Japan had made no cession in favor of China......once we mad a security treaty with Nationalist China covering Formosa and the Pescadores, it would be necessary for them to refrain from offensive operations from their “privileged sanctuary”.
......Japan never ceded sovereignty over Formosa and the Pescadores to China. Japan renounced its own sovereignty but left the future title undefined. Thus the United States as principal victor of Japan has an unsatisfied interest in these former Japanese islands.
The legal position is different, as I think I pointed out in my last press conference, by virtue of the fact that technical sovereignty over Formosa and the Pescadores has never been settled. That is because the Japanese peace treaty merely involves a renunciation by Japan of its right and title to these island. But the future title is not determined by the Japanese peace treaty, nor is it determined by the peace treaty which was concluded between the Republic of China and Japan. Therefore, the juridical status of these islands, Formosa and the Pescadores, is different from the juridical status of the offshore islands which have always been Chinese territory.
In this area of tension and danger a distinction, I think, can validly be made between the position of Formosa and Pescadores, and the islands off the China coast now in Nationalist hands; the latter are indisputably part of the territory of China; the former, Formosa and the Pescadores, which were Japanese colonies for fifty years prior to 1945 and had had a checkered history before that are not...... Negotiations for a cease fire need not involve any question of the final disposition of the territory in dispute.
......Secretary of State Dulles prepared to go before the Senate Foreign Relations Committee tomorrow to urge Senate ratification of the mutual assistance treaty with the Republic of China.
The Administration clarified its position on the legal status of Formosa, and was prepared to make clear to the Senate that ratification of the treaty with President Chiang Kai-shek would not give him legal sovereignty over Formosa and Pescadores......
......Some prominent Democrats have suggested that the signing of a mutual defense agreement with President Chiang will change the legal status of these territories and give the Nationalists sovereignty over them.
Mr. Dulles will reject this argument when he testifies on the treaty this week. He will assert that the Administration does not regard the sovereignty of Formosa and the Pescadores as having been settled. His view is that the treaty will not give General Chiang sovereignty over these islands.
Ths position of the Administration is that these territories were handed over to the Allied and associated powers of World War II by Japan, which had held them since 1895, and that General Chiang was merely asked to administer them for the Allied and associated powers pending a final decision as to their ownership......
As to the juridical status of Formosa, this was something yet to be determined, and would no doubt some day be determined by the United Nations or under United Nations machinery.
In 1945 our long-time ally, the Republic of China, was entrusted with authority over these islands.
......Even the juridical position of Taiwan is in doubt. The United States also has an interest in Taiwan which we got away from Japan. Japan has merely renounced sovereignty over Taiwan which has not been disposed of by the peace treaty and not ceded to anyone. Consequently the United States could assert a legal claim until Taiwan is disposed of by some means. We cannot, therefore, admit that the disposition of Taiwan is merely an internal problem.
He recalled that the legal status of the island of Formosa was not determined at the San Francisco Peace Conference, at which Japan merely renounced her sovereignty. He repeated a suggestion he had made to Ambassador Stevenson, that a conference of those nations which attended the San Francisco Conference be called to determine the legal status of Formosa.
The United States does not recognize the "Republic of China" as a state or government.
The official British position was set out in a 1972 agreement with China, under which the United Kingdom “acknowledged the position of the government of the PRC that Taiwan was a province of the PRC and recognised the PRC Government as the sole legal Government of China.”
At the conclusion of World War II, the Supreme Commander of the Allied Command in the Pacific, General Douglas MacArthur, authorized the Nationalist Chinese authorities to accept the surrender of Formosa from the Japanese and to undertake temporarily military occupation of the island as a trustee on behalf of the Allied Powers.
After occupying Taiwan in 1945 as a result of Japan's surrender, the Nationalists were defeated on the mainland in 1949, abandoning it to retreat to Taiwan.
In August 1945, when U.S. General MacArthur (as the Supreme Commander for the Allied Powers) assigned the R.O.C government to receive the surrender of the Japanese commanders in Taiwan, the R.O.C. government was still in control of a large part of China's territory. But, by 1949, that government had lost control over most of China's territory to the Chinese Communists in a civil war and taken refuge in Formosa, outside of China's territory.....It was the United States that assigned Chiang Kai-shek's R.O.C. government to occupy and administer the island of Taiwan on its behalf. So, fifty years later, the R.O.C. government still acts as an agent of the United States. The passage of time will not change, and has not changed, the legal relationship of agent and principal.
The Japanese peace treaty of 1951 ended Japanese sovereignty over the islands but did not formally cede them to "China," either Communist or Nationalist.
In particular, it is considered that exemption from Japanese jurisdiction was not intended to be accorded the estimated 20,000 persons in Japan claiming to be Taiwanese; these persons throughout the war were enemy nationals and according to Japanese law still retain Japanese nationality, excepting only those who have individually divested themselves thereof in accordance with established procedure......It should, however, be pointed out that from the legal standpoint the transfer of Taiwan's Sovereignty remains to be formalized; assumably a treaty of cession will in due course be negotiated which will effect such transfer and which may contain provisions in regard to appropriate change in the national status of Taiwan's residents.
Formosans stress American responsibility through Cairo decision and have published intent to appeal for American help in seeking UN intervention pending final transfer sovereignty to China. Responsible island-wide group preparing formal petition and has so advised Consulate. One such petition received addressed to General Marshall. Possibilities of interim administration under SCAP openly discussed. ...... American prestige high and intervention profoundly desired by Formosans who believe representations at Nanking and direct intervention here justifiable for UN under present Japanese de jure sovereignty status.
Dept's position re status Taiwan made clear in statement by Dept spokesman that final determination must await conclusion peace settlement for Japan.
......should a refugee Chinese government or a Chinese government in exile be set up in Taiwan, which is not yet legally Chinese territory, it is probable that the British Government would simply appoint a British Consulate in Tamsui as an office of the British Embassy in China.
Even though declarations in regard to the intention of the US and UK toward the return of Formosa to China had been made at Cairo and even though these declarations of intentions had been confirmed by the Potsdam pronouncements with which the USSR was associated, the fact was that the title to Formosa had not passed to China. I myself seriously doubted the legal authority of two or three powers to convey title for Formosa to China and that actually China could not be vested with the title to Formosa except by the terms of an international agreement or peace settlement with Japan or alternatively in accordance with and pursuant to a lawfully made decision of the UN.
There come to mind number of factors, generally unenvisaged at time Cairo Declaration, which lead us not to accept that Declaration as necessarily last word on subj Formosa.
(a) Commitments by USSR in connection with Cairo and Potsdam (e.g. independence of Korea and support of Natl Govt of Chi) have been grossly flouted;
(b) Record of Chi Natl Govt in Formosa, which assumed responsibility fol VJ-Day, has not been satis;
(c) It appears to us to be one thing to turn Formosa over to Rep of Chi as constituted at time Cairo Declaration; quite another to turn it over to Peiping regime which is acting in support of Moscow conspiracy against free nations;
(d) In view drastic change in situation in Chi and hostile totalitarian regime now established Peiping, are democratic countries not entitled to question the turning of Formosa over to such regime without consulting Formosans or applying principles of UN Charter applicable to dependent peoples?......
On the question of Formosa, we have noted that both Chinese claimants have insisted upon the validity of the Cairo Declaration and have expressed reluctance to have the matter considered by the United Nations. We agreed that the issues should be settled by peaceful means and in such a way as to safeguard the interests of the people of Formosa and the maintenance of peace and security in the Pacific, and that consideration of this question by the United Nations will contribute to these ends.
The conversation then turned to territorial and security problems and President Quirino emphasized the deep interest of his country in the future of Formosa and expressed disagreement with what he understood would be the United States' position that the future of Formosa should be determined in the first instance by only Big Four. President Quirino intended that the Philippiones should be a party to any determinination of the future of Formosa and that in his opinion some form of United Nations trusteeship might be the most satisfactory solution. Mr. Dulles stated that the original position of the United States had been tentative only; that the United States would certainly wish to consider carefully the views of the Philippine Government on this matter and that he too had long been of the personal opinion that a United Nations trusteeship might be the best solution. However, the Chinese Nationalist Government was completely opposed to any such solution and it would therefore be useful to seek some other formula and in this regard the suggestions of the Philippine Government would be most welcome
Mr. Spender's second point was with regard to Formosa. He said that if the intention was to confirm the National Government's title to the island Australia would have serious reservations. The Australian Government has no desire to recognize the Chinese Communist regime but is very unhappy over continued recognition of the National Government, and would be reluctant to strengthen that Government by giving it Formosa. Ambassador Dulles said that Formosa presented a difficult problem. It was not our intention to confirm the National Government's title to Formosa. Mr. Spender suggested that the best solution might be to require Japan to renounce title without indicating to whom title had been transferred.
It is the view of His Majesty's Government in the United Kingdom that the Central People's Government of China should be invited to participate in any negotiations for the conclusion of a peace treaty with Japan......With respect to the second point, that is the renunciation by Japan of claims to Formosa in favor of China without specifying what China. Sir Oliver said that he thought our language, which provided for the renunciation of Formosa by Japan, but without specifying who should have it was a little bit vague......Ambassador Dulles said that this, too, presented us with many problems but that we would consider the British views carefully.
As the Government of the United States does not recognize the Central People's Government of China it would not find it possible to invite that regime to participate in negotiations with it for the conclusion of a Peace Treaty with Japan......With respect to Formosa, Mr. Dulles emphasized the view of the United States that a Treaty with Japan should do nothing which would of itself and suddenly eliminate all international concern over the disposition of Formosa; nor did it appear wise to the United States Government that Japan by a Treaty should be compelled to take action which might in fact result in Japan itself becoming embroiled in a controversy or being given an opportunity to claim that the “China” to which Formosa had been turned over was not the “China” to which the Japanese had intended, by the Treaty, Formosa should be turned over. Mr. Dulles then reviewed at some length the United States general position with regard to Formosa and the undesirability of turning over to a Communist regime the island and people of Formosa without some attempt being made to determine the desires of the people of that island......
FYI word “terrs” shld not be employed in way to imply Formosa is for purposes of Treaty already legal Dept China. Such action wld make difficult any possible future UN action; also it is not believed to be matter to be determined only by bilat Sino-Jap arrangement.
......Formosa and the Pescadores had a distinctive juridical status under the Japanese Peace Treaty. They were not technically under Chinese sovereignty since Japan had made no cession in favor of China......once we mad a security treaty with Nationalist China covering Formosa and the Pescadores, it would be necessary for them to refrain from offensive operations from their “privileged sanctuary”.
......Japan never ceded sovereignty over Formosa and the Pescadores to China. Japan renounced its own sovereignty but left the future title undefined. Thus the United States as principal victor of Japan has an unsatisfied interest in these former Japanese islands.
......Even the juridical position of Taiwan is in doubt. The United States also has an interest in Taiwan which we got away from Japan. Japan has merely renounced sovereignty over Taiwan which has not been disposed of by the peace treaty and not ceded to anyone. Consequently the United States could assert a legal claim until Taiwan is disposed of by some means. We cannot, therefore, admit that the disposition of Taiwan is merely an internal problem.
At the conclusion of World War II, the Supreme Commander of the Allied Command in the Pacific, General Douglas MacArthur, authorized the Nationalist Chinese authorities to accept the surrender of Formosa from the Japanese and to undertake temporarily military occupation of the island as a trustee on behalf of the Allied Powers.