Article VI of the U.S. Constitution provides that:
|(a) Subject to the provisions of paragraph (b) of this Article, the disposition of property of Japan and of its nationals in the areas referred to in Article 2, and their claims, including debts, against the authorities presently administering such areas and the residents (including juridical persons) thereof, and the disposition in Japan of property of such authorities and residents, and of claims, including debts, of such authorities and residents against Japan and its nationals, shall be the subject of special arrangements between Japan and such authorities. The property of any of the Allied Powers or its nationals in the areas referred to in Article 2 shall, insofar as this has not already been done, be returned by the administering authority in the condition in which it now exists. (The term nationals whenever used in the present Treaty includes juridical persons.)
(b) Japan recognizes the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the United States Military Government in any of the areas referred to in Articles 2 and 3.
(c) Japanese owned submarine cables connection Japan with territory removed from Japanese control pursuant to the present Treaty shall be equally divided, Japan retaining the Japanese terminal and adjoining half of the cable, and the detached territory the remainder of the cable and connecting terminal facilities.
|ANNOTATIONS to Article 4|
|Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory. In other words, military government is the government of occupied territory, and therefore it can be quickly seen that the Article 2(b) territory of Taiwan is occupied territory.
According to international law, Oct. 25, 1945 is the beginning of the military occupation of Taiwan, and certainly not "Taiwan Retrocession Day." A firm tenet of international law states that "Military occupation does not transfer sovereignty."
Due to an unfamiliarity with the laws of war, many researchers who read the SFPT completely fail to recognize an important point: After war, for territory separated from the "mother country" via the specifications of a peace treaty, the military government of the (principal) occupying power does not end with the coming into force of the peace treaty, but continues until legally supplanted (by a recognized civil government).
許多閱讀舊金山和約的研究員由於不熟悉戰爭法，完全無法認知舊金山和約的一個重點，亦即戰後，根據和平條約規定從「母國」脫離的地區，其（主要）佔領國之軍事政府並不會因為和平條約生效而結束，而一直持續到被合法取代為止（即被 “承認的民事政府” 取代。）
The territories as specified in Articles 2 and 3 of the treaty have been separated from the "motherland" of Japan, therefore the military governments exercising jurisdiction over these areas do not end with the coming into force of the peace treaty. Most civilian scholars, being unfamiliar with the subject of “military jurisdiction under international law,” have little understanding of such a concept. However such a “legal framework” has been verified by numerous rulings of the U.S. Supreme Court, and can be easily confirmed by examination of the precedent established in dealing with the territories acquired by the USA in the Mexican - American War and the Spanish - American War.
For a detailed chart which explains this principle, along with authoritative commentary, please see Areas Conquered by U.S. military forces and therefore under USMG jurisdiction, with later "new disposition" by peace treaty.
Article 4(b) should be read in conjunction with Article 23(a).
Article 23(a) confirms that the United States of America in the principal occupying power of all territories under the geographic scope of the treaty. In consideration of this along with the specifications of Article 4(b), it is clear that the United States Military Government (USMG) has jurisdiction over all the territories in Articles 2 and 3.
For reference, also see definition of property.
The question may be asked: What does USMG's jurisdiction include? To answer this question, we can refer to the United States' administration of the Ryukyu island group beginning in 1945, and thereby gain a full understanding. Of course, one important aspect of this jurisdiction was that the U.S. military authorities issued "Certificates of Identity" as travel documents for the native people of the Ryukyu islands.
Therefore it is fully reasonable under the terms of the SFPT to demand that the United States military authorities issue travel documents (aka “passports”) for the native people of Taiwan.
Contrastingly, there is no authorization in the Taiwan Relations Act, the Three Joint USA-PRC Communiques, any Executive Orders issued by the U.S. Commander in Chief, or the SFPT itself for an entity calling itself the “Republic of China” to issue passports to native Taiwanese people.
property: (1) something, as land and assets, legally possessed, (2) a piece of real estate, (3) something tangible or intangible to which its owner has legal title, (4) the right of ownership; title.
財產 ：(1) 合法擁有之東西， 如土地和資產 , (2) 一件房地產, (3) 擁有者持有合法產權的一些有形或無形的東西 , (4) 擁有權，即所有權。
Note: When speaking of territorial cession(s) between states, land area is certainly considered to be "property."
|Name of Cession|
|Originally the property of|
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