Cairo Declaration

This article is about the Allied declaration of 1943. For the Muslim human rights declaration, see Cairo Declaration on Human Rights in Islam. For the 1997 agreement on Somalia, see Attempts at reconciliation in Somalia (1991–2004).

Generalissimo Chiang Kai-shek, President Franklin D. Roosevelt, and Prime Minister Winston Churchill met at the Cairo Conference in Cairo, November 25, 1943.

The Cairo Declaration was the outcome of the Cairo Conference in Cairo, Egypt, on November 27, 1943. President Franklin Roosevelt of the United States, Prime Minister Winston Churchill of the United Kingdom, and Generalissimo Chiang Kai-shek of the Republic of China were present. The Cairo Communiqué was broadcast through radio on December 1, 1943. The Cairo Declaration is cited in Clause Eight (8) of the Potsdam Declaration, which is referred by the Japanese Instrument of Surrender.

Summary

The main points of the document were:

• The Allies resolved to bring unrelenting military pressure against Japan until it agrees to unconditional surrender.
• All territories Japan had won from China, such as Manchuria (Dongbei), Formosa (Taiwan), and the Pescadores (Penghu), shall be restored to the Republic of China.
• Korea shall be free and independent.
• Japan will also be expelled from all other territories which she has taken by violence and greed.

The Declaration and Taiwanese independence

During and for many years after World War II, it was generally agreed that China acquired sovereignty over Taiwan when Japan surrendered. Thus Taiwan was sovereign territory of either the Republic of China, which actually ruled it, or of the People's Republic of China, which claimed to be the sole legitimate government of China.

More recently, advocates of Taiwan independence claimed that no valid transfer of sovereignty ever took place. The Declaration states "that ... Formosa [Taiwan]... shall be restored to the Republic of China...", but these advocates pointed out that the Declaration is only a statement of intent, and a non-binding "press release". It is not in the official treaty archives of either the United States or Japan, so it is not deemed to be a treaty by the involved parties. Writing in the Yale Law Journal, March 1972, Lung-chu Chen and W. M. Reisman argued that the Cairo Declaration was not a legal document, and that neither it nor the Potsdam Declaration could make disposition of the legal title of Taiwan, or effect a transfer of that legal title to the Republic of China. Therefore, neither Japan nor the government of China have sovereignty over Taiwan, and it is a separate sovereign state.

Many scholars have traditionally rejected this claim. The standard counter-argument was that while the Cairo Declaration itself was a non-binding declaration, it was given legal effect by the Japanese Instrument of Surrender. Even though the Instrument stated that Japan would implement the Potsdam Declaration, which in turn referenced the Cairo Declaration, its content only authorized the surrender of Japanese forces, not Japanese territories.

Significantly, in a 1959 court case in the United States, the US State Dept. was specifically quoted as maintaining that: " . . . that the sovereignty of Formosa has not been transferred to China . . . " and that "Formosa is not a part of China as a country, at least not as yet, and not until and unless appropriate treaties are hereafter entered into. Formosa may be said to be a territory or an area occupied and administered by the Government of the Republic of China, but is not officially recognized as being a part of the Republic of China." However, the findings of the District court were overruled by the Court of Appeals for the District of Columbia. as well as numerous other court cases which rejected this argument

However, Taiwan province of China was ceded to Japan because of stronger arms forces of Japan as many other western imperial powers did during 19th century and 20th century to the comparatively weak and inward China and the strongest might would have the power to determine International Law especially of the international situation before World War Two. Therefore, Taiwan is the territory that was sacrificed by the international norm as an undisputed Chinese territory before Japan invaded the island. Likewise, as the Republic of China as one of the leaders of Allies Powers that defeated Japan as the outcome of World War Two that Chinese sovereignty on Taiwan was restored but it lacked a legal transfer of power in paper form between all parties concerned but Republic of China defeated Japan by arms force and the collective effort of Allies Powers that legally Republic of China can unilaterally claim that Taiwan is restored to China as the ruling government had returned to Republic of China (which is the successor state of Qing Empire of China) after World War Two as stated in the Cairo Communique on 1943. The question of the status of Taiwan would imply that Japan's national status and Japanese national strength had risen to the pre-war status over all of China and Japan was willing to challenge China once again on the island of Taiwan by arms forces but it was not true, because Japan abandoned any means of war actions to overseas after the Japanese Peace Constitution (Article 9) went into effect after United States occupation ended in Japan as the Korean War erupted and Japan stringently gave up its rights of use of force to United States military bases in Japan since the Cold War.

See also

• Cairo Conference
• Second Sino-Japanese War (1937–1945)
• Potsdam Declaration (July 1945)
• General Order No. 1 (Aug. 1945)
• Japanese Instrument of Surrender (Sep. 1945)
• Treaty of San Francisco (1951)
• Treaty of Taipei (1952)

External links

• Text of the Constitution and Other Important Documents in the Japanese National Diet Library
• The Cairo Conference, 1943