Taiwan's Legal Status: An Overview of the San Francisco Peace Treaty


Article VI of the U.S. Constitution provides that:


This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land . . . . .

SFPT: Article 3 and Annotations


Article 3
Japan will concur in any proposal of the United States to the United Nations to place under its trusteeship system, with the United States as the sole administering authority, Nansei Shoto south of 29 deg. north latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano Islands) and Parece Vela and Marcus Island. Pending the making of such a proposal and affirmative action thereon, the United States will have the right to exercise all and any powers of administration, legislation and jurisdiction over the territory and inhabitants of these islands, including their territorial waters.

ANNOTATIONS to Article 3
According to Article 4(b), the Article 3 territory which we may collectively call the "Ryukyu island group" and the Article 2(b) territory of "Formosa and the Pescadores" (aka "Taiwan") are both under the jurisdiction of the United States Military Government (USMG).

Article 3 territory is to be administered as a United Nations trusteeship under the jurisdiction of USMG. However, under the terms of the treaty, with no formal trusteeship agreement in place by the UN, Taiwan is simply a quasi-trusteeship under USMG.

"Military government continues until legally supplanted."
“軍事政府一直持續到被合法的取代為止。”(意思是要被 “承認的民政府” 取代。)

After negotiations with Japan, the end of USMG in the Ryukyu island group” was announced by President Nixon to be May 15, 1972 – some twenty years after the coming into force of the SFPT itself.

Contrastingly, from 1952 to date, there has been no announcement of the end of USMG jurisdiction over Taiwan.

Return to SFPT

You may download a copy of this entire essay in Powerpoint for your own reference.
(English 英文) See -- http://www.twclarify.com/taiwan/pages/sfpt/SFPT-1952.pptx
請 下 載 全 文 的Powerpoint (簡 報 軟 體) 版 本 以 供 參 考
(Chinese 中文) 請查看 -- http://www.twclarify.com/taiwan99/pages/sfpt/SFPT-ch1952.pptx

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