US Secretary of State Colin Powell is correct when he states that "Taiwan does not enjoy sovereignty as a nation." Let me review the historical facts, state the issues, analyze and conclude.
After Japan surrendered on Sept. 2, 1945, General MacArthur, in his capacity as Supreme Commander Allied Powers, issued Directive No. 1, where he required the Japanese commanders in Formosa to surrender to Generalissimo Chiang Kai-shek (
In the Treaty of Peace between Japan and the Allied Powers, which came into force in 1952, of which neither the Republic of China (ROC) nor the People's Republic of China (PRC) is a party, Japan gives up all claims to Taiwan. But it did not cede Taiwan because among legal experts, there is a consensus that cession requires the stipulation of both donor and recipient. The court case says "neither this agreement nor any other agreement thereafter has purported to transfer the sovereignty of Formosa to China."
The same case goes on to say that "The situation is, then, one where the Allied Powers still have to come to some agreement or treaty with respect to the status of Formosa."
In diplomacy, there is a long-standing tradition that occupation does not transfer sovereignty. If a renter occupies a house for many years, he still does not get title. The house still belongs to the owner. Transfers of title or sovereignty must be done through written paper or treaty. Therefore, we must determine the status of the ROC and determine whether it has sovereignty.
The ROC acted under the orders of Supreme Commander Allied Powers and were acting on behalf of the Allied Powers when it came to Taiwan to effect the surrender of Japanese forces. In the Taiwan Relations Act, the ROC ceased to exist, the US began to call Taiwan Taiwan and began using the term "governing authority on Taiwan." The ROC came to Taiwan as an occupation force, and remains an occupational force today, regardless of whether it is called the ROC or the governing authority on Taiwan. To those who say that there has been a regime change in Taiwan, I urge them to read the ROC Constitution, and take a walk to Chiang Kai-shek Memorial and look at the flag that flies over it.
Even though the ROC might have come to Taiwan to claim it for itself, this fact is not recognized in the international arena and, to this day, there is no document granting sovereignty to the ROC. It has been said that sovereignty rests in the people of Taiwan. However, I feel that the people of Taiwan are comparable to renters who occupy a house, and sovereignty was never granted to them by Japan or the Allied Powers.
I am confident that Taiwan does not enjoy sovereignty. But maybe it is not so bad. Taking into account that US courts consider foreign countries to be territory completely within the sovereignty of another state, maybe they will rule that for the purposes of import duties, Taiwan is not a foreign country and thus, imports to the US from Taiwan can enter duty free.
Alfred Tsai
Taipei
From the Iran war and nuclear weapons to tariffs and artificial intelligence, the agenda for this week’s Beijing summit between US President Donald Trump and Chinese President Xi Jinping (習近平) is packed. Xi would almost certainly bring up Taiwan, if only to demonstrate his inflexibility on the matter. However, no one needs to meet with Xi face-to-face to understand his stance. A visit to the National Museum of China in Beijing — in particular, the “Road to Rejuvenation” exhibition, which chronicles the rise and rule of the Chinese Communist Party — might be even more revealing. Xi took the members
The Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP) on Friday used their legislative majority to push their version of a special defense budget bill to fund the purchase of US military equipment, with the combined spending capped at NT$780 billion (US$24.78 billion). The bill, which fell short of the Executive Yuan’s NT$1.25 trillion request, was passed by a 59-0 margin with 48 abstentions in the 113-seat legislature. KMT Chairwoman Cheng Li-wun (鄭麗文), who reportedly met with TPP Chairman Huang Kuo-chang (黃國昌) for a private meeting before holding a joint post-vote news conference, was said to have mobilized her
The inter-Korean relationship, long defined by national division, offers the clearest mirror within East Asia for cross-strait relations. Yet even there, reunification language is breaking down. The South Korean government disclosed on Wednesday last week that North Korea’s constitutional revision in March had deleted references to reunification and added a territorial clause defining its border with South Korea. South Korea is also seriously debating whether national reunification with North Korea is still necessary. On April 27, South Korean President Lee Jae-myung marked the eighth anniversary of the Panmunjom Declaration, the 2018 inter-Korean agreement in which the two Koreas pledged to
I wrote this before US President Donald Trump embarked on his uneventful state visit to China on Thursday. So, I shall confine my observations to the joint US-Philippine military exercise of April 20 through May 8, known collectively as “Balikatan 2026.” This year’s Balikatan was notable for its “firsts.” First, it was conducted primarily with Taiwan in mind, not the Philippines or even the South China Sea. It also showed that in the Pacific, America’s alliance network is still robust. Allies are enthusiastic about America’s renewed leadership in the region. Nine decades ago, in 1936, America had neither military strength
RSS