Treaty of Taipei

Sino-Japanese Peace Treaty (Japanese: 日華平和条約, Chinese: 中日和平條約), commonly known as the Treaty of Taipei ( _zh. 台北和約) as it was signed in Taipei, was a peace treaty between Japan and the Republic of China (ROC) concluded on April 28, 1952. This treaty was necessary because neither the Republic of China nor the People's Republic of China were invited to sign the Treaty of San Francisco because of disagreements by other countries of which government was the legitimate government of China with the cause of Chinese civil war. Under pressure from the United States policy makers, Japan signed a separate peace treaty with the Republic of China to officially end the war between the two states with the victory of ROC. Although ROC itself was not a participant of San Francisco Peace Treaty due to the resumption of Chinese Civil War after 1945, this treaty largely correlates itself to the San Francisco Peace Treaty. In particularly, ROC waived service compensation to Japan in this treaty with respect to Article 14 (a) 1 of the San Francisco Treaty. The provisions of which effectively nullified all treaties between China and Japan prior to including the Treaty of Shimonoseki.

Treaty of Taipei

Treaty of Taipei largely correlates itself to the terms of the Treaty of San Francisco, recognizing that in the Treaty of San Francisco (which entered into force April 28, 1952) Japan renounced all right, title, and claim concerning Taiwan, the Pescadores, the Spratlys and the Paracels. The Treaty of Taipei also nullifies all treaties made between China and Japan before 9 December 1941.

By nullifing all treaties made between China and Japan before 9 December 1941, this treaty states that " for the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendants who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores) "."

In the Exchange of Notes made following the Treaty, the Japanese delegate Isao Kawada defined the Chinese government with which the Japanese government was signing the Treaty as:

" In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the understanding reached between us that the terms of the present Treaty shall, in respect of the Republic of China, be applicable to all the territories which are now, or which may hereafter be, under the control of its Government. "

Political status of Taiwan with respect to the ROC

Supporters of ROC sovereignty over Taiwan argue that the treaty clearly states that " for the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendants who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores)."

However, overviewing Article 10 of the treaty, other analysts point out that the ROC Nationality Law was originally promulgated in February 1929, when Taiwan was a part of Japan. It was revised in February 2000, however there were no Articles addressing the mass naturalization of Taiwanese persons as ROC citizens. Hence, the conditions of Article 10 of the Sino-Japanese Peace Treaty in regard to "in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan...." have yet to be fulfilled.

Notes

In March 2008 the United States District Court for the District of Columbia in Washington, D.C. issued a ruling in the case of Dr. Roger Lin "et. al." v. United States of America holding that Taiwanese people are stateless.

ee also

*Treaty of Peace and Friendship between Japan and the People's Republic of China
*Sino-Japanese War (1937-1945)
*Sino-Japanese relations
*Legal status of Taiwan
*Political status of Taiwan

Related link

1. http://en.wikipedia.org/wiki/San_Francisco_Peace_Treaty

2. http://en.wikipedia.org/wiki/Japan-Taiwan_Relations

3. http://www.mofa.go.jp/region/asia-paci/china/joint72.html

4. [http://www.taiwandocuments.org/taipei01.htm Text of the Treaty of Taipei]