by Roger Lin

Created on: October 13, 2008

In order to understand the relations between Taiwan and China, we first have to understand the international legal position of Taiwan. President Truman's statement on June 27, 1950, pointed out that the status of Taiwan was undetermined. This reflects the fact that there was no transfer of territorial sovereignty to the ROC on the Oct. 25, 1945, date of the surrender of Japanese troops on the island.

In order to understand the significance of the events on this October date, some background information is necessary.

(1) In the pre-Napoleonic period, conquest and annexation were commonly viewed as an accepted method of territorial acquisition. However, after the Napoleonic Wars, international law underwent a transformation, and "annexation" was no longer permitted. In the modern era, conquest must be followed by military occupation. The Hague Regulations (1907) specify that "Territory is considered occupied when it is actually placed under the authority of the hostile army."

(2) Legal relationships over conquered territory do not arise from a consideration of which army accepted the surrender of what other army, or which military troops were victorious in what particular battle, or what the composition of the Allies was at any particular point in time, or what intentions were stated in the surrender documents or other pre-surrender proclamations about the future disposition of territory, etc. Legal relationships arise from a consideration of "Who is the occupying power?" In the post-Napoleonic era, this goes back to a determination of "Who is the conqueror?"

(3) When the administrative authority for the military occupation of particular areas is delegated to other troops, the terminology of "the principal occupying power" is most commonly seen, and a "principal agent" relationship is in effect.

(4) Occupied territory has not yet reached a final political status, hence it may be described as being of "undetermined status." More specifically, the territory can be stated as being "in interim status under the law of occupation."

(5) After Pearl Harbor, the US Congress declared war against Japan on Dec. 8, 1941. All military attacks against the four main Japanese islands and Japanese Taiwan were conducted by United States military forces, so it is easily seen that the United States is the "conqueror" of Japan and her overseas territories. In other words, the United States has "acquired" these areas under the principle of conquest, and the disposition thereof must be conducted

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