Treaty of Taipei

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The 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. There was no such uncertainty on the part of Japan, which recognized the ROC as the legitimate government of China.

[edit] Treaty of Taipei and Taiwan

The Treaty of Taipei acknowledged 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. Like the Treaty of San Francisco, the Treaty did not grant sovereignty of those territories to any state, a fact that has been used by advocates of Taiwan independence to argue for self-determination. It also nullified all treaties made between China and Japan before 9 December 1941, implicitly abrogating the Treaty of Shimonoseki but preserving treaties made with the National Government of the ROC (中華民國國民政府) led by Wang Ching-wei (汪精衛).

Recognizing the impracticality of enforcing the Treaty's provisions in areas where ROC sovereignty was acknowledged but not exercised, the Treaty limited application of its provisions to those areas and populations over which the ROC then had jurisdiction (this application was later extended by an Exchange of Notes):

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.

[edit] 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 that Taiwan and the Pescadores (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 Taiwan and the Penghu to us. Nor could we accept such a transfer from Japan even if she wished to do so."[1]

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.