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 6 and Annotations


Article 6
(a) All occupation forces of the Allied Powers shall be withdrawn from Japan as soon as possible after the coming into force of the present Treaty, and in any case not later than 90 days thereafter. Nothing in this provision shall, however, prevent the stationing or retention of foreign armed forces in Japanese territory under or in consequence of any bilateral or multilateral agreements which have been or may be made between one or more of the Allied Powers, on the one hand, and Japan on the other.

(b) The provisions of Article 9 of the Potsdam Proclamation of 26 July 1945, dealing with the return of Japanese military forces to their homes, to the extent not already completed, will be carried out.

(c) All Japanese property for which compensation has not already been paid, which was supplied for the use of the occupation forces and which remains in the possession of those forces at the time of the coming into force of the present Treaty, shall be returned to the Japanese Government within the same 90 days unless other arrangements are made by mutual agreement.

ANNOTATIONS to Article 6
In order to deny that Taiwan is under military occupation, many people make reference to Article 6(a) of the treaty.

However, with the coming into force of the SFPT on April 28, 1952, Taiwan immediately became separated from Japan. Hence, Article 6(a) has no relationship to Taiwan territory whatsoever.

Additional supporting analysis for this interpretation may be found by researching the historical record. Notably, with the end of USMG jurisdiction in California, Puerto Rico, Philippines, Guam, Cuba, the Ryukyus islands, etc. each has become either (a) a sovereign nation, or (b) "part" of another sovereign nation. Significantly, each area has a fully functioning and fully recognized "civil government," which of course has supplanted  USMG jurisdiction, and thus ended the military occupation.
對此解讀有更多的佐證分析可以從歷史記錄中研究出來。特別是,隨著美國軍事政府(USMG)結束對加利福尼亞 、波多黎各、菲律賓、關島、古巴、琉球群島等的管轄權之後 ,各個都成為(a)主權獨立國家,或者 (b) 另一主權獨立國家的一部分。很顯然,每一個地區,都有一個充分發揮作用以及完全被承認的“民事政府”。當然,此民事政府也取代了美國軍事政府的管轄,因此結束了軍事佔領。

Taiwan is clearly the exception, and is often described as having an “undetermined political status.” Indeed, since the end of the WWII, it has been the official policy of the United States government that the status of Taiwan is "an unsettled question . . . . " In light of these facts, the only possible conclusion is that in the present day, under the Law of Nations, Taiwan remains as occupied territory after peace treaty cession.

Return to SFPT

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