Treaty of Taipei

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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 (Chinese: 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 due to disagreements by other countries as to 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 by the ROC. Although the 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 particular, ROC waived service compensation to Japan in this treaty with respect to Article 14 (a) 1 of the San Francisco Treaty.


Contents

[edit] Summary of Treaty

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.[1]

[edit] Key Articles

Article 2
Reiterates the provision of the San Francisco Peace Treaty whereby Japan surrendered its claim to sovereignty over Taiwan and other associated islands.
Article 4
All treaties, conventions and agreements concluded prior to August 9, 1941 were nullified.
Article 10
Chinese residents of the islands of Taiwan and Penghu and their descendants were regarded as having Chinese nationality.

[edit] Relationship with the San Francisco Treaty

[edit] Direct references

In two articles, the Treaty of Taipei makes direct references to the San Francisco Peace Treaty, which was the treaty signed and ratified by most Allies with the government of Japan in 1951 and 1952.

Article 2 is a confirmation of the renunciation of Japan's claims to Taiwan and the Pescadores as well as to the South China Sea island chains of the Paracels and Spratleys.

[edit] Dates

The San Francisco Peace Treaty was signed on September 8, 1951 and ratified on April 28, 1952. The date of the ratification of the San Francisco treaty is the same date that the Treaty of Taipei was signed, that being April 28, 1952. However, the treaty did not enter into force until August 5, 1952 with the exchange of instruments of ratification between the two governments in Taipei. [2] While there is no explicit provision for the transfer of sovereignty over Taiwan from Japan to the Republic of China, Article 10 is taken as an implicit transfer. However, Japan formally surrendered its claim to sovereignty over Taiwan on April 28, 1952, calling into question the authority of Japan to formally make such an assignment regarding the status of Taiwan on August 5, 1952.

[edit] Political status of Taiwan with respect to the ROC

Article 10 of the 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)."

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Pro-independence supporters point out that the Nationality Law of the Republic of China was originally promulgated in February 1929, when Taiwan was argued to be a de jure 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...." was argued to have yet to be fulfilled.

Furthermore, it must also be noted that independence supporters point out that neither the San Francisco Treaty nor the Treaty of Taipei specifically provide for a transfer of sovereignty over Taiwan from Japan to China. Both have provisions for the renunciation of Japan's claims of sovereignty, yet neither provides for a mechanism of transfer to China. [3]

However, as the ROC never recognised the validity of the Treaty of Shimonoseki, supporters of ROC sovereignty would argue that China never disposed of the sovereignty over Taiwan, and Japan and the ROC by the Treaty of Taipei further "recognised that all treaties, conventions and agreements concluded before December 9, 1941, between Japan and China have become null and void as a consequence of the war". It was therefore argued that the ROC Nationality Law which was promulgated in February 1929 would have applied to the residents on Taiwan, and it was unnecessary to address any nationality issues in the February 2000 revision.

[edit] Application of the Treaty

Japanese lawyers have made the argument that the provisions of the Treaty of Taipei and the subsequent Sino-Japan joint communique waives the right of Chinese nationals to seek compensation from the Japanese government or corporations based in Japan. [4]

[edit] References

  1. ^ Text of the Treaty of Taipei
  2. ^ [1]
  3. ^ http://www.taipeitimes.com/News/editorials/archives/2003/09/13/2003067689/print Taiwan's status left unresolved by treaties
  4. ^ http://japanfocus.org/products/details/2369 Japan’s Top Court Poised to Kill Lawsuits by Chinese War Victims

[edit] See also

[edit] External links

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