Historical Research shows that Taiwan is not Part of China




The following will analyze the Chinese claims regarding Taiwan's international legal status, especially their claim that "Taiwan is an inalienable part of China." Below are offered seven specific rebuttals:





First, the Chinese often say that Taiwan has belonged to China since ancient times. In fact, the history of Taiwan covers thousands of years from the aborigines to the Han people. During this period, Taiwan has experienced the rule of the Dutch and Spanish colonial empires, the Koxinga Dynasty, and the Qing Dynasty. Moreover, as we know, the Qing Dynasty ceded Taiwan to Japan.

After more than 50 years of Japanese colonial rule, at the end of the fighting in World War II, a military occupation began, with the United States as the principal occupying power and the Republic of China serving as the proxy occupying forces. Then as a result of the post-war treaty, Taiwan became an entity with an "undetermined legal status." In consideration of this historical narrative, it is obvious that Taiwan has not been "a part of China since ancient times," let alone "an inalienable part of China."





Second, although the Constitution of the Republic of China was formulated in 1946, its predecessor was the draft Constitution of the Republic of China (also known as the "May Fifth Draft Constitution") completed in 1936. Article 4 of the May Fifth Draft Constitution lists the scope of national territory, providing a full list of all provinces. However, there is no Taiwan. Without a doubt, this is a clear verification that Chinese officials at that time did not believe that Taiwan was an inherent territory of China.





Third, the Chinese government likes to use the "Cairo Declaration" and "Potsdam Proclamation" to try to prove that Japan returned Taiwan and Penghu to China at the surrender ceremonies on October 25, 1945. As far as Taiwan's territorial ownership is concerned, the "Cairo Declaration" and the "Potsdam Proclamation" are only "wartime declarations of intent" and have no stand-alone legal effect. In fact, as a result of the Japanese surrender ceremony, Taiwan became occupied territory, but there was no transfer of sovereignty.





Fourth, the People's Republic of China was established on October 1, 1949, inheriting the "Republic of China." The "Republic of China," which played the role of proxy occupying troops in Taiwan, did not have a valid claim to sovereignty over Taiwan. What the Republic of China did not have, of course, the People's Republic of China cannot inherit.





Fifth, in international law, the "Cairo Declaration" and the "Potsdam Proclamation" were superseded by the "San Francisco Peace Treaty" which came into effect on April 28, 1952. In the treaty, Taiwan was not granted (transferred, ceded, assigned) to China.





Sixth, United Nations General Assembly Resolution 2758, expelled Chiang Kai-shek's representatives and recognized the government of the People's Republic of China as the only legitimate representative of China to the United Nations. The resolution makes no mention of Taiwan at all and clearly does not recognize Taiwan as being part of the People's Republic of China.





Seventh, the people who support China adhere to the "One China Principle" and loudly advocate the claim that "Taiwan is part of China." Looking at the Communiques issued regarding the establishment of diplomatic relations between countries around the world and China, although they all accept the "One China principle," most countries use vague terms such as "acknowledge," "know," "take note of," or "understand and respect" regarding Taiwan's legal status. Such vaguely worded, technically evasive language is a clear strategy for avoiding giving any formal "recognition" of Taiwan as being part of China. Only a few countries are exceptions to this general practice.





The Republic of China came to Taiwan in October 1945 to exercise a military occupation. Moreover, since its founding in October 1949, the People's Republic of China has never held the territorial sovereignty of Taiwan. After making a thorough examination of past history up to the present, the facts are clear, Taiwan is not part of China. Therefore, the Chinese claim to Taiwan territory cannot be regarded as a matter of China's internal affairs, rather it is a matter of deep concern to all leading countries in the international community.









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