The international legal status of (a) Taiwan territory and the (b) Republic of China on Taiwan are enigmas that have puzzled legal researchers for many decades. In fact, a firm grasp of certain little-known legal fundamentals is necessary in order to delve into the solutions to such matters. This website provides comprehensive analysis and commentary which fully illustrate the complexities involved.
Category | 1895 Treaty |
Sub-Category | Validity |
Question | Was the 1895 Treaty of Shimonoseki ever recognized as valid by the western powers? |
Answer | The 1895 Treaty of Shimonoseki specified the cession of "Formosa and the Pescadores" (aka “Taiwan”) to Japan. In regard to a formal recognition of the validity of this cession, most people look to the 1922 Washington Naval Treaty. |
Analysis
The Washington Naval Treaty, also known as the Five-Power Treaty, and the Nine-Power Treaty, was a treaty signed during 1922 among the major nations that had won World War I, which agreed to prevent an arms race by limiting naval construction. It was negotiated at the Washington Naval Conference, held in Washington, D.C., from November 1921 to February 1922.
In the 1922 Washington Naval Treaty, the United States and other signatories fully recognized Taiwan as being an insular area of Japan.
Article 19 of the treaty specified –
Further References and Links
Taiwan's Legal Status: Taiwan's Legal Status: An Overview of the San Francisco Peace Treaty
Areas Conquered by U.S. Military Forces and therefore under USMG Jurisdiction -- with later "new disposition" by peace treaty