When looking at the four criteria of the Montevideo Convention, many people like to compare Taiwan with Japan. In their view, even a quick overview of Japan’s history shows that Japan clearly meets the criteria for statehood, which are: a permanent population, defined territory, a government, and the capacity to interact with other states. They then point out that Taiwan is the same. Hence, in their view, Taiwan is an independent sovereign nation by definition.

This type of argument was discussed briefly in our four Montevideo Convention films. However, some additional comments can be made here with specific reference to Japan.

Japan

History Notes: While reliable records date only to about 400 A.D., legend has it that Japan was founded in 660 B.C. by Emperor Jimmu. From that time up to the present day, there is no record of Japan being ceded to any other country.

Population: It is reasonable to assume that the overall population of the four main Japanese islands in 660 B.C. would have been relatively modest, possibly in the range of tens of thousands or low hundreds of thousands. The current population exceeds 125 million.

Territory: Japan’s territory includes the four main Japanese islands, other nearby islands. etc., as well as the Ryukyus

Government: At present, the government of Japan operates within the framework established by the Constitution of Japan, adopted in 1947.

Foreign Relations: At present, Japan has diplomatic relations with over 190 nations and has been an active member of the United Nations since 1956.

Taiwan

History Notes: In the 17th century, Taiwan was a Dutch colony. It was later taken over by imperial (Qing) China. In Article 2 of the 1895 Treaty of Shimonoseki, Taiwan was ceded to Japan. Japan’s sovereignty over Taiwan ended on April 28, 1952.

Population: The current population of Taiwan exceeds 23.5 million.

Territory: Taiwan’s territory arguably includes Formosa island, the Pescadores, and numerous nearby islands.

Government: At present, the "government" of Taiwan operates within the framework established by the Constitution of the Republic of China, adopted in 1947.

Foreign Relations: The ROC on Taiwan was expelled from the United Nations in late October 1971. At present, it has full diplomatic relations with less than twenty nations.

Reviewing the history of Japan, many pro-Taiwan activists are quick to point out that Japan’s statehood status is essentially never questioned, and Japanese officials are not asked to produce any specific paperwork to prove the legitimacy of its "permanent population," "defined territory," "government," etc.

"Why should Taiwan be any different?" they question.

Overview and Analysis

JAPAN: In terms of satisfying the four criteria of the Montevideo Convention, Japan represents a very classical example, and fulfills the international law doctrine of "prescription." This is defined as --

(1) the process of acquiring title to property by reason of uninterrupted possession over a lengthy period of time, (with such duration of time not always precisely specified), (2) acquisition of ownership or other real rights in movables or immovables by continuous, uninterrupted, peaceable, public, and unequivocal possession for a long period of time. 

To put this in more plain language, the ownership of the large majority of Japan’s territory, under a governance structure established by the Japanese people, has essentially continued from antiquity up to the present day.

TAIWAN: Contrastingly, the "ownership" of Taiwan’s territory has changed many times. 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. In 1895, the Qing Dynasty ceded Taiwan to Japan. In the post-WWII San Francisco Peace Treaty (SFPT) Japan renounced its sovereignty over Taiwan, but no "receiving country" was designated.

Taiwan: Territory, Population, and Government

First, in regard to defined territory, the most frequently heard rationale is the Taiwan Retrocession Day argument. However, under the laws of war, the announcement of the annexation of Taiwan during a period of belligerent occupation is a war crime, and totally illegal.

Numerous other arguments regarding the alleged transfer of Taiwan’s territorial sovereignty to the ROC have also been examined in our series of films, however none has been found to have any legal validity.

It is hard to believe that the drafters of the Montevideo Convention would consider a "geographic area" where no proof of ownership can be produced to serve as legitimately fulfilling their announced criteria of "defined territory."

Second, the most commonly advanced rationale for why the native residents in Taiwan hold "ROC citizenship" is an ROC military order of January 12, 1946, which authorized the mass naturalization of Taiwan people as ROC citizens.

However, again, under the laws of war, the imposition of mass-naturalization procedures over the civilian population in Taiwan territory during a period of belligerent occupation is a war crime, and therefore illegal.

Third, it is often held that Taiwan has a fully operational government which calls itself "Republic of China."

However, it must not be forgotten: When the ROC moved its central government to Taiwan territory in December 1949, Taiwan still belonged to Japan. Therefore the ROC central government had effectively re-located itself outside of China’s national territory, and immediately became a government in exile.

It is hard to believe that the drafters of the Montevideo Convention would consider a "government in exile" to be a legitimately functioning government for a specific geographic area.

Summary and Conclusion

In summary, the historical and legal bases for Japan’s claims of national sovereignty are completely different from those which can be advanced for Taiwan.

To put this more plainly, under the Montevideo Convention, there are simply no valid comparisons which can be made between Taiwan and Japan.