Alleged Chinese Cancellation of the 1895 Treaty of Shimonoseki, Founding of ROC in Nanjing, Jan. 1, 1912, China’s Declaration of War Against Japan, Dec. 9, 1941, the Cairo Declaration, Dec. 1, 1943, the Potsdam Proclamation, July 26, 1945, Japanese surrender documents of Sept, 2, 1945, General Order no. 1 of Sept, 2, 1945, ROC government establishes Taiwan Provincial Government in Sept. 1945, Japanese surrender documents of Oct. 25, 1945, ROC Constitution of 1947, Founding of PRC in Beijing, Oct. 1, 1949, ROC central government’s relocation to Taiwan in Dec. 1949, San Francisco Peace Treaty (SFPT), April 28, 1952, Treaty of Taipei, August 5, 1952, ROC - USA Mutual Defense Treaty, March 3, 1955, United Nations General Assembly Resolution #2758, Oct. 25, 1971, Joint PRC-USA Communique #1, Feb. 28, 1972, One China Policy, Taiwan Relations Act, Jan. 1, 1979. Joint PRC-USA Communique #2, Jan. 1, 1979. Joint PRC-USA Communique #3, Aug. 17, 1982, Six Assurances, July 1982, Treaty of Taipei annulled via decision of Japanese Court, 1980, the 1992 Consensus, Executive Orders issued by US Presidents.

1)   3)   14)   "Cancellation" of 1895 Treaty Even before the early 1940s, the Chinese had announced the cancellation, abrogation, nullification, etc. of the 1895 Treaty of Shimonoseki on several occasions. Similar statements were also included in the 1941 Declaration of War Against Japan, and the 1952 Treaty of Taipei. However, international law scholars have never recognized that such actions have resulted in a return of Taiwan to Chinese sovereignty.     Legal Analysis    Interpretation of Treaties     Legal Analysis     Nullification of Treaties

2)   Founding of the ROC in 1912 In the aftermath of the First Sino-Japanese War, Qing China ceded Formosa and the Pescadores (aka "Taiwan") to Japan. Following the 1895 Treaty of Shimonoseki, Japan exercised sovereignty over Taiwan and held title to its territory. The Republic of China was founded in 1912. Taiwan, however, having come under Japanese sovereignty in 1895, was not part of the ROC in the early years of the 20th century.     Qing China ceded Taiwan    Treaty of Shimonoseki 1895     Insular Territories of Japan     Washington Naval Treaty 1923

4)   5)   Cairo Declaration and Potsdam Proclamation The Allies in WWII did not agree that the issuance of the Cairo Declaration resulted in a transfer of Taiwan's territorial sovereignty to China. In fact, most western historians and researchers view Cairo Declaration and the Potsdam Proclamation as mere wartime "statements of intent" by the Allies, and consider their legal status to be similar to that of press releases.     US Dept. of State    Cairo Declaration     UK Parliament         Cairo Declaration

7)   General Order no. 1 In examining the content of this General Order, three important points become apparent. (1) It authorized the surrender and disposition of Japanese forces, not Japanese territories; (2) It was a military directive, establishing procedures for demobilizing Japanese forces; (3) It was not meant to settle political questions, and indeed General MacArthur had no authority to "adjudicate" any territorial cession issues. Clearly, the content of General Order no. 1 authorized the ROC regime under Chiang Kai-shek to establish a presence in Taiwan, including the administration of the island for some period of time. However, in recognition that the San Francisco Peace Treaty (SFPT) does not (a) mention or (b) confirm any relevant continuing authorization, and (c) the SFPT did not transfer the territorial sovereignty of Taiwan to the ROC regime under Chiang Kai-shek, therefore the arrangements for this ROC regime to be in Taiwan (as specified in General Order no. 1) must be considered to have been cancelled by the SFPT.     President Truman    Letter to Warren Austin   August 1950     US Cong. Hearing     MacArthur's Statement   May 1951

9)   Japanese Surrender in Taiwan The Allies in WWII did not agree that the completion of the Japanese Surrender ceremonies in Taiwan resulted in a transfer of Taiwan's territorial sovereignty to China.     US National Security Council    draft Report   Jan. 1949     US Cong. Hearing     MacArthur's Statement   May 1951

13)   14)   Post-war Peace Treaties In the post-WWII San Francisco Peace Treaty (SFPT), Japan renounced its sovereignty over Taiwan, but did not designate any "receiving country." Nevertheless, pro-China supporters have continually claimed that Article 10 of the Treaty of Taipei fully recognized the inhabitants of Taiwan as having ROC nationality and Taiwan as being part of ROC territory. However, examination of the Records of the Japanese Diet showed that this is not true.     US Dept. of State    Post-war Peace Treaties   Oct. 1954     Japanese Diet Hearing     Treaty of Taipei   May 1952

15)   Mutual Defense Treaty Many researchers point to the USA - ROC Mutual Defense Treaty (MDT) of 1955 and claim that this Treaty recognizes ROC sovereignty over Taiwan. However, in order to avoid any confusion in this regard, the US Senate's Committee on Foreign Relations issued a report on Feb. 8, 1955 which discussed the legal situation of Taiwan, and concluded that the content of the MDT did not serve to alter Taiwan's legal status in any way.     US Senate Hearing    Mutual Defense Treaty   Feb. 1955     Research & Analysis     Taiwan's Military History   beginning Dec. 1941

16)   UN General Assembly Resolution #2758 This Resolution addressed the subject of the PRC’s representation in the UN, while at the same time deciding to "expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it." However,there is no wording in this Resolution stating that Taiwan is part of the PRC, or authorizing the PRC to represent Taiwan.     CRS Report    Evolution of the "One China" Policy   Overviews of 2011 & 2007     SFPT     Treaties in Force

17)   20)   21)   Joint PRC-USA Communiques In the US Supreme Court case of Zivotofsky v. Kerry, 576 U.S. 1 (2015), in regard to the question of whether the United States regards Taiwan as a part of China, the Justices held: President Carter recognized the People’s Republic of China (PRC) as the government of China, and derecognized the Republic of China, located on Taiwan. As to the status of Taiwan, the President "acknowledge[d] the Chinese position" that "Taiwan is part of China," but he did not accept that claim. The Taiwan Relations Act (passed by the US Congress in 1979) treated Taiwan as if it were a legally distinct entity from China - an entity with which the United States intended to maintain strong ties. See -- Congressional Research Service, China/Taiwan: Evolution of the "One China" Policy - Key Statements from Washington, Beijing, and Taipei (Oct. 10, 2014) See -- text of U.S. - PRC Joint Communique on the Establishment of Diplomatic Relations (Jan. 1, 1979)

Comments: Careful examination of the above twenty-five items shows that none of them, whether singly or in combination, have resulted in a transfer of Taiwan's territorial sovereignty to China, either the ROC or the PRC. Some researchers have asserted that there are additional items which (arguably) may have resulted in this effect, however there is little support for their assertions in the academic literature. Based on the results of this study, we can be confident in declaring that Taiwan does not belong to China. People who insist on asserting that Taiwan is a part of China's national territory are clearly promulgating a false narrative.