Published on Taipei Times
http://www.taipeitimes.com/News/editorials/archives/2005/09/12/2003271367

Sovereignty explored online

By Richard Hartzell

Monday, Sep 12, 2005, Page 8

I have seen some recent comments in the local newspapers about a new argument between Chinese Nationalist Party (KMT) Chairman Ma Ying-jeou (°¨­^¤E) and Vice President Annette Lu (§f¨q½¬) regarding the international legal status of Taiwan.

Under international law, the territorial sovereignty of Taiwan was owned by Japan from 1895 until late April 1952. Ma's statement that the territorial sovereignty of Taiwan was transferred to the Republic of China (ROC) via the Cairo Declaration, the Potsdam Proclamation, and/or the Japanese surrender documents is totally incorrect.

In the post-Napoleonic period, the sovereignty of territory is transferred by treaty.

I have produced a chart which explores this topic in detail. It is entitled "Examination of Taiwan's Territorial Sovereignty and the ROC's International Legal Position," and is available for download in MS Word format at www.taiwanbasic.com/notes/download.htm

Richard Hartzell
Taipei