On the occasion of the 75th anniversary of the signing of the "San Francisco Peace Treaty", Presidential Counselor Yao Jiawen said today (5th) that when the "San Francisco Peace Treaty" was signed, Japan gave up Taiwan's sovereignty and did not transfer it to any country, resulting in Taiwan's status being uncertain. Many people are not familiar with this period of history. If the legal basis of Taiwan's sovereignty is not clear, how can we strive for status in the world? Faced with China's use of the "Cairo Declaration" and UN Resolution 2758 to promote "One China", Yao Jiawen also bluntly said that these claims are untenable.
The Taiwan Alliance held a "Symposium on the Defense of Taiwan's Sovereignty under International Law" this morning, inviting representatives from academia and politics to discuss how Taiwan can defend its sovereignty and future on the basis of international law from the perspectives of international law, history and generational inheritance.
Yao Jiawen pointed out that the 1895 "Shimonoseki Treaty" clearly stipulated that the territorial rights of Taiwan and Penghu were ceded to Japan. The 1951 "San Francisco Peace Treaty" stated that Japan gave up all rights over Taiwan and Penghu, but did not name who the sovereignty belonged to. This led to different interpretations by various countries and even caused disputes in international law. Some people would say that the 1943 "Cairo Declaration" mentioned that Taiwan would be returned to the Republic of China, but the "Cairo Declaration" was a legal letter of intent or a communiqué, and the "San Francisco Peace Treaty" was a formal international treaty.
Yao Jiawen mentioned that when the San Francisco Peace Treaty was signed in 1951, China had two governments at the time, and there was an international dispute over who could represent China, so in the end both were not invited to participate in the treaty, leaving Taiwan's sovereignty legally in limbo. In addition, when the Korean War broke out in 1950, U.S. President Truman stated that "Taiwan's status must be determined in the future by the United Nations or a peace treaty with Japan." This is the legal basis for "Taiwan's status is undecided."
However, in recent years, China has often emphasized the "one-China principle" through UN Resolution 2758. Yao Jiawen bluntly said, "The CCP is untenable in legal logic." In 1971, the United Nations passed Resolution 2758, which mainly decided to expel the representative power of Chiang Kai-shek's regime and replace it with the Chinese people inheriting the seat in the United Nations. It did not mention that Taiwan was part of the People's Republic of China. He emphasized that the resolution dealt with the issue of "China's representation" and not the issue of "Taiwan's sovereignty."
"If we could have stayed in the United Nations in the name of Taiwan, the situation now would be completely different." Yao Jiawen added that in fact, Yang Xikun, the deputy foreign minister at that time, had suggested that if he wanted to protect the future of the Republic of China and the Taiwanese people, Taiwan should be completely separated from the Chinese government, and even changed the country's name to "Taiwan Democratic Republic of China" and considered one China, one Taiwan. However, Chiang Kai-shek insisted that he represented all of China and did not recognize the Beijing government, which led to Taiwan's withdrawal from the United Nations, which Yang Xikun called "political suicide."
Yao Jiawen also said that many people who are currently admitted to Taiwan's diplomats do not know the importance of the "San Francisco Peace Treaty" to Taiwan, and their understanding of this period of history and legal provisions is very vague. How can our foreign policy be promoted smoothly? This is why discussions are necessary every year. He believes that the Ministry of Education and schools should explain the "San Francisco Peace Treaty" clearly, because it, like the "Treaty of Shimonoseki", is the key to Taiwan's future.
