Article VI of the U.S. Constitution provides that:
|(a) The present Treaty shall be ratified by the States which sign it, including Japan, and will come into force for all the States which have then ratified it, when instruments of ratification have been deposited by Japan and by a majority, including the United States of America as the principal occupying Power, of the following States, namely Australia, Canada, Ceylon, France, Indonesia, the Kingdom of the Netherlands, New Zealand, Pakistan, the Republic of the Philippines, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. The present Treaty shall come into force of each State which subsequently ratifies it, on the date of the deposit of its instrument of ratification.
(b) If the Treaty has not come into force within nine months after the date of the deposit of Japan's ratification, any State which has ratified it may bring the Treaty into force between itself and Japan by a notification to that effect given to the Governments of Japan and the United States of America not later than three years after the date of deposit of Japan's ratification.
|ANNOTATIONS to Article 23|
|The territories as specified in Articles 2 and 3 of the treaty have been separated from the "motherland" of Japan, therefore as explained in the ANNOTATIONS to Article 4(b) above, the military governments exercising jurisdiction over these areas do not end with the coming into force of the peace treaty.
More detailed explanations regarding this principle can be found in specific U.S. Supreme Court cases, beginning with Cross v. Harrison, 57 U.S. 164 (1853), and with reaffirmation in Dooley v. U.S., 182 U.S. 222 (1901), Santaigo v. Nogueras, 214 U.S. 260 (1909) , etc.
關於這個原則的更多詳細解釋可以參見特定的美國最高法院案例，從Cross v. Harrison, 57 U.S. 164 (1853) 開始，在Dooley v. U.S., 182 U.S. 222 (1901) 及Santaigo v. Nogueras, 214 U.S. 260 (1909) 等等案例中得到確認 。
The above concepts regarding "conquest," "military government," "military occupation," etc. form an important part of the laws of occupation, which are included in the internationally recognized laws of war.
Anyone familiar with these legal concepts will recognize that the SFPT must designate "the (principal) occupying power" in order to ascertain which country bears the final responsibility for the military occupation of the areas specified in Articles 2 and 3.
Moreover, this Article’s designation of the United States of America as the “principal occupying power” indicates that all States which ratify the treaty are agreeing to the United States fulfilling this role.
The term "the principal occupying power" signifies that the military troops of other countries may be directed to undertake the military occupation of particular areas, thus forming a "principal - agent relationship." This is exactly what happened in the situation of Taiwan.
“主要佔領國”這個術語表示其它國家的軍事部隊可以被指派去承擔特定地區之軍事佔領，因此形成了“主要 -- 代理關係”。這正是發生在台灣的情況。
We must not forget that with the coming into force of the SFPT on April 28, 1952, the Allies have, for all effective purposes, disbanded. However, the jurisdiction of USMG continues. Such an interpretation flows naturally from Article 23(a) read in conjunction with Article 4(b).
我們不可以忘記，隨著舊金山和約於1952年4月28日生效 ， 盟軍為所有有效的目的，已經解散了，然而，美國軍事政府（USMG）的管轄權仍然繼續。 從條款23(a)及條款4(b)一併閱讀可以得到如此的理解。
At the most basic level, Taiwan is conquered territory of the United States of America, and in General Order No. 1 of Sept. 2, 1945, (Supreme Commander) General Douglas MacArthur directed the military troops of Chiang Kai-shek to come to Taiwan to handle the surrender ceremonies and subsequent administration.
Under international law, this “administration” of Taiwan beginning Oct. 25, 1945, can only be viewed as military occupation. A comparison may be made by saying that in the military occupation of Taiwan, the USA is the "Chairman of the Board," and the ROC (originally led by Chiang Kai-shek) is the "Executive Assistant."
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