In this annotation, I
trace back to the history of Taiwan. Taiwan was given to Japan in 1895
according to the Treaty of Shimonoseki(馬關條約) as a result of losing The First
Sino-Japanese War(甲午戰爭) which happened
because of the sovereign rights over Korean Peninsula, so Taiwan was under
Japanese governance during the period of WWI and WWII. As WWI was coming to an
end, a wave of self-determination swept the world. “President Wilson presented
his “14 points” as a blueprint of the handling of the war’s aftermath. Included
in his “14 points” was the principle of self-determination for all people. In
handling the aftermath of this war, the views of all people should be
respected.”(15) At the same time, Korea was also under Japanese governance, and
the Korean launched independence movement. Taiwanese intellectuals at that time
were inspired by the movement and the concept of self-determination, so they were
determined to strive for more freedom and equality in Taiwan. “We Taiwanese
must seriously consider our future under Japanese rule.”(26) Taiwan’s leading
intellectuals at that time were Cai Peihou(蔡培火) and Jiang Wieshuei(蔣渭水). These people along with
Lin Siantang(林獻堂), considering that
independence was impossible at the time, started the campaign to establish a
representative assembly of Taiwan as the first step. This could be seen as the
first sign of Taiwanese caring about the politics and Taiwan’s future.
In November 1943, “World War II was
drawing to a close and the Japanese were on the brink of defeat. The leaders of
the allied powers, China, the United States and Great Britain, met at Cairo and
the issue of Taiwan’s future was addressed. The U.S. backed Chiang Kai-shek in
his request that Japan return Manchuria, Formosa and Penghu to the Republic of
China.”(14) However, in the formal treaty, Treaty of Peace with Japan, which
was signed at San Francisco in 1951, the request was not recorded. The original
text of the treaty wrote, “Japan renounces all right, title and claim to
Formosa and the Pescadores.” It simply states that Japan “renounces” all right,
but it doesn’t specify that Japan will give its right to the Republic of China.
The popular dispute now in Taiwan is that
which one is effective, Cairo Declaration in which Chiang Kai-shek requests
that Japan return Manchuria, Formosa and Penghu to the Republic of China or
Treaty of Peace with Japan? According to Vienna Convention on the law of
treaties, Article 28, Non-retroactivity of Treaties, the latter should be more
effective. If the Chinese National Party didn’t come to Taiwan after WWII,
Taiwan would probably apply the principle of self-determination. Taiwan has the
chance to become an independent country, and for this reason, some Taiwanese
don’t recognize the name “Republic of China.” ROC is also refused in United
Nation, and the reason could be that both People’s Republic of China and the
Republic of China claim that they are the only and legitimate representative of
China. This idea should be abandoned since one side one country has become the
truth. To strive for a position in UN, using the name “Taiwan” is more
practical.
Reference:
鄭丞鈞, 劉素珍, 劉昭淵and Peter Hillman, A History of Taiwan in Comics: The Japanese
Era (II) : The Age of Awakening, Taipei, Green Futures Publishers Co., Ltd.
鄭丞鈞, 劉素珍, 劉昭淵and Peter Hillman, A History of Taiwan in Comics: The
Post-World War II Era (I) : In the Realm of the Strongmen, Taipei, Green
Futures Publishers Co., Ltd.
https://treaties.un.org/doc/Publication/UNTS/Volume%201155/volume-1155-I-18232-English.pdf
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