Cairo Communique, Potsdam Communique, San Francisco Treaty and Taipei Treaty

Self-determination to determine Taiwan's future is the right of 23 million Taiwanese; this right does not need other 'legal argument' to justify her legitimacy of self-determination. Nevertheless, an understanding of some relevant historical documents during and after the war is helpful in case that 'pro-unification' folks try to misinterpreted the document to legitimatize their claim of Chinese annexation of Taiwan.

The 'pro-unification' folks like to mention the Cairo Press Communique (開羅宣言) published on November 27, 1943 which stated 'returning Taiwan to Republic of China' . Later, the Allies published another press on July 26, 1945, called the Potsdam Communique 「波茨坦宣言」, stating that the essential points of the Cairo Press Communique must be carried through. A month later, Japan surrendered to the Allies saying that Japan accepted Potsdam Communique.

'Pro-unification' folks usually use both the Cairo Press Communique and the Potsdam Communique to legitimize Chinese claim on Taiwan. However, both Communiques are presses only, not legal treaties; they do not have binding power on the nations affected in the Communique.

The real treaty that affects Taiwan's fate is the San Francisco treaty signed on September 8, 1951 which stated that Japan to give up the sovereignty of Taiwan. The article did not mention which country should inherit Taiwan from Japan. San Francisco Treaty went to effect on April 28, 1952.

The Republic of China, however, enacted a separate Treaty of Taipei with Japan on April 28,1952 just hours before the Treaty of San Francisco went into effect, which acknowledged the terms of the San Francisco Treaty but added that all residents of Taiwan were nationals of the Republic of China. Treaty of Taipei went to effect on August 5, 1952 almost 3 months after the San Francisco Treaty went to effect.

Here is the point. Since both the Republic of China and Japan recognized the term of the San Fracisco Treaty, Japan no longer owned Taiwan when signing the treaty with ROC. If Japan did not owned Taiwan to begin with, how can she have the right to transfer the sovereignty of Taiwan? The legality of the Taipei Treaty to claim ROC sovereignty over Taiwan is invalid.

Overall, Taiwan's future must be determined by the 23 million of Taiwanese.