A Study for Taiwan's Statehood under International Treaties

• Main Authors: Ting-Hsun Han, 韓廷勳
• Other Authors: 陳荔彤
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/27842677770297907165

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 92 === Abstract 　　 Since Taiwan's regime was transferred to the native Taiwanese people, the claim of “One China” from the Chinese Communist and the fight struggle between “Blue Group” and “Green Group” on unification-or-independence in the island, which result in the dispute with Taiwan's territorial sovereignty and belongings in and out of the people of the island. The issue also caused the Chinese people's suspicion, instability, economic decay and the deterioration of the relationships between two sides of the Taiwan Strait, which even create the use of force. Truly, we, people in Taiwan could even though recognize this land and this state. It is quite dangerous that international societies are unable to identify the difference. Therefore, I hereby specifically do this thesis, "A Study for Taiwan's Statehood under International Treaties", in order to define Taiwan's statehood and its future direction therein. The thesis primarily collect and compile each international treaties related to Taiwan territorial sovereignty from the Sino-Japan war to all related international documents therein after ragarding the legal status of Taiwan from all scholars’point of views on inside and outside of Taiwan. All materials has included some relevant periodicals, political and legal journals, law books, and also the current international status in Taiwan. It also covered the customary international law and the general principle of law, which are used for the analysis, summarization with the scientific way. All are from shallow to depth, from general to specialization in layers of thinking. All aspects are carefully included and studied with the analysis and comparison of the aforesaid documents in detail. Hence, from the existing international treaties which know the past and future of Taiwan, that is, it started from the occupation and cultivation by Ming Dynasty, then the turn over of Taiwan to Japan with signing of the Shimonoseki Treaty after the defeat of the Sino-Japanese war. There were the Cairo Declaration and Potsdam Proclamation Declaration in World War II, which stated that Taiwan’s territorial sovereignty would return to China. However the 1952 San Francisco Peace Treaty, which was under the manipulation of the United Kingdom and the United States, does not stipulate the ownership of Taiwan. In addition, the Treaty between the R.O.C. and Japan, which basically followed the legal wordings of the San Francisco Treaty which Japan would renounce all right, title, and claim to Formosa and Pescadores. Both treaties Simply stated that Japan gave up all right, title and claim, but did not specifically specify that China owned the above area. Thus, the ownership of Taiwan is still indefinite according to international law. The Japanese Government only renounce all rights of Taiwan and did not turn over it to any state. Therefore, the sovereignty over Taiwan should be undefined in accordince with international law or international treaties. Also, it follows the U.N. resolution # 2625: According to the puipose and principles of the UN Charter and the equal right and self-determination principles, the inhabitants in Taiwan have the right, without external interference, to freely determine their own status and pursuit economic, social and cultural developments. Thus, Taiwan’s sovereignty belongs to the people of Taiwan, and should be determined by the people in Taiwan. Hence, either the current “Republic of China in Taiwan,” or the future “Republic of Taiwan” through the referendum by the people of Taiwan, should be an independent state in international law foe good. Nevertheless, Power is justice. Now, under the domination of super powers, international law has lost the equality and righteousness. Taiwan intends to be a brand new state and join the international community, but the active space is gradually narrowing day by day. Does Taiwan want to stand for the “sovereignty in formality”; or, recognize the international reality with the conservative means, to assume that “Republic of China” is the state name for Taiwan? And keep the status quo. Without any change to counter variable changes,to develop economy and cultivate the national strength of this country and pursul our own goal; As what president Lee said: “Before walking out, one must stand up first”. This is the typical preictice of doing without talking. By doing so to promote the international status of Taiwan in silence, thus become a respected and full international legal personality in the internayional community.