NationMaster - Encyclopedia: Treaty of Taipei

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 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 because of disagreements by other countries of which government was the legitimate government of China with the cause of Chinese civil war. Given the pressure from the United States policy makers, Japan was not hesitate to sign a separate peace treaty with the Republic of China to officially end the war between the two states with the victory of ROC. Although in fact this treaty has no legal connection nor legal binding with the San Francisco Peace Treaty whatsoever, but given the condition that ROC itself was not a participant of San Francisco Peace Treaty due to the resumption of Chinese Civil War after 1945, therefore, objectively, this treaty largely correlates itself to the San Francisco Peace Treaty and in within, particularly, ROC waived service compensation to Japan in this treaty with respect to Article 14 (a) 1 of the San Francisco Treaty. This treaty was later unilaterally nullified by the Government of Japan by recognizing People's Republic of China. Government of Japan respects and understands that Taiwan belongs to People's Republic of China as stated in the Joint Communique between Japan and PRC of 1972. For other uses, see Taipei (disambiguation). ... A peace treaty is an agreement (a peace treaty) between two hostile parties, usually countries or governments, that formally ends a war or armed conflict. ... The Republic of China is commonly known as Taiwan or Chinese Taipei, and it is not to be confused with the Peoples Republic of China. ... April 28 is the 118th day of the year (119th in leap years) in the Gregorian calendar, with 247 days remaining. ... 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... Prime Minister Yoshida Shigeru gives a speech on reconciliation and rapport ) at the San Francisco Peace conference. ...

1 Treaty of Taipei
2 Argument on return of Taiwan to ROC
3 See also
4 Related link

Treaty of Taipei

Treaty of Taipei largely correlates itself to the terms of the Treaty of San Francisco in which Japan renounced all right, title, and claim concerning Taiwan, the Pescadores, the Spratlys and the Paracels. This treaty also nullifies all treaties made between China and Japan before 9 December 1941. The Pescadores (Traditional Chinese: æ¾Žæ¹–ç¾¤å³¶; Hanyu Pinyin: PÃ©nghÃº QÃºndÄƒo; Tongyong Pinyin: PÃ©nghÃº CyÃºndÄƒo; Wade-Giles: Peng-Hu Chun-Tao; Taiwanese POJ: PhÃªâ¿-Ã´Â·-kÅan, from Portuguese, fishermen, pron. ... The Spratly Islands (Chinese: 南沙群島, in pinyin: Nānshā Qúndāo “Southern sands” (also Nansha Islands); Vietnamese: Trường Sa “Long Sands”; Filipino: Kalayaan Independence) are a disputed group of approximately 100 reefs and islets in the... Paracel Islands Paracel Islands location relative to the claimants The Paracel Islands (Chinese: è¥¿æ²™ç¾¤å³¶/ in pinyin: XÄ«shÄ QÃºndÇŽo; Vietnamese: Quáº§n Äáº£o HoÃ ng Sa/ ç¾¤å³¶é»ƒæ²™) are a group of small islands and reefs in the South China Sea and part of the South China Sea Islands, about one...

By nullifing all treaties made between China and Japan before 9 December 1941, this 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) ".

In the Exchange of Notes made following the Treaty, the Japanese delegate Isao Kawada defined the Chinese government with which the Japanese government was signing the Treaty as:

" In regard to the Treaty of Peace between Japan and the Republic of China signed this day, I have the honor to refer, on behalf of my Government, to the understanding reached between us that the terms of the present Treaty shall, in respect of the Republic of China, be applicable to all the territories which are now, or which may hereafter be, under the control of its Government. "

Argument on return of Taiwan to ROC

Although it is clear enough to be stated in this treaty 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)." However, interestingly, after signing the treaty, the ROC delegate, then ROC foreign minister George Yeh (葉公超), faced harsh questioning from legislators in Legislative Yuan meeting regarding why the treaty between the ROC and Japan did not specifically word-by-word state that Taiwan and the Pescadores (Penghu) were returned to the ROC. ROC Foreign Minister Yeh replied that "No provision has been made either in the San Francisco Treaty or the Sino-Japanese Treaty as to the future of Taiwan and Penghu." Yeh further explained: "In fact, we control them now, and undoubtedly they constitute a part of our territories. The delicate international situation, however, means that they do not belong to us. In these circumstances, Japan has no right to transfer Taiwan and the Penghu to us. Nor could we accept such a transfer from Japan even if she wished to do so."[1] The Legislative Yuan building in Zhongzheng District, Taipei City (the view is partially obscured by the childrens hospital building of the National Taiwan University Hospital). ...

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Treaty of Taipei

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Argument on return of Taiwan to ROC

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Treaty of Taipei