Treaty of Taipei

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The Treaty of Peace between Japan and China (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. Japan maintained relations with the ROC at the time and therefore concluded a peace treaty with the ROC.

Treaty of Taipei and Formosa

The Treaty of Taipei acknowledged the terms of the Treaty of San Francisco in which Japan renounced all the rights, nominal rights, and claims concerning Taiwan and Penghu. Like the Treaty of San Francisco, the Treaty did not explicitly grant sovereignty of Taiwan and Penghu to the ROC, a point made by advocates of Taiwan independence to justify self-determination. It also nullified all previous treaties made between China and Japan, implicitly repealing the Treaty of Shimonoseki.

At the time the treaty was signed, the ROC government was in dispute with PRC over the sovereignty of China. The Treaty suggested that all the inhabitants of Taiwan are viewed as of Republic of China nationality and Japan recognized that ROC sovereignty was limited to the islands of Taiwan and the Pescadores:

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 following the Treaty, the Japanese delegate Isao Kawada specifically defined the Chinese government which the Japan government was signing the Treaty with:

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.

Legacy

After signing the treaty, the ROC delegate, then ROC foreign minister George Yeh (葉公超), faced harsh questioning from legislators in a Legislative Yuan meeting regarding why the treaty between the ROC and Japan did not state unambiguously that Taiwan and Penghu were returned to the ROC.

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 Formosa (Taiwan) and the Pescadores (Penghu) to us. Nor could we accept such a transfer from Japan even if she wished to do so."[link]

In 1972 upon establishment of diplomatic relations with the People's Republic of China, Japanese Foreign Minister Ohira announced that the treaty had become obsolete and was therefore rescinded (as he had been requested by the PRC to do), though the legality of the move was subject to some debate. According to the Joint Communique of the Government of Japan and the Government of the People's Republic of China, Japan understood and respected the PRC position that Taiwan was part of the PRC.

Treaty of Taipei

Treaty of Taipei and Formosa

Legacy

See also