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Excerpts from en.wikipedia.org/wiki/Political_status_of_Taiwan
Therefore, only a military occupation of Taiwan began on 25 October 1945, and both the Treaty of San Francisco and Treaty of Taipei hold legal supremacy over the surrender instrument. These treaties did not transfer the title of Taiwan from Japan to China.
Some argue that Taiwan was returned to the people of Taiwan when Japan renounced sovereignty of Taiwan based on the policy of self-determination which has been applied to "territories which detached from enemy states as a result of the Second World War" as defined by article 76b and 77b of the United Nations Charter and also by the protocol of the Yalta Conference.[citation needed] The United Nations General Assembly has not been particularly receptive to this argument, and the ROC's applications for admission to the United Nations have been rejected 15 times.[4][better source needed]
Arguments against Taiwan being legally part of China
https://en.wikipedia.org/wiki/Political ... _of_Taiwan
The popular sovereignty theory, which the pan-green coalition emphasizes, suggests that Taiwan could make fundamental constitutional changes by means of a popular referendum. The ROC legal theory, which is supported by the pan-blue coalition, suggests that any fundamental constitutional changes would require that the amendment procedure of the ROC constitution be followed.
1950–1953 – Korean War and U.S. intervention
At the start of 1950, U.S. President Harry S. Truman appeared to accept the idea that sovereignty over Taiwan was already settled when the United States Department of State stated that "In keeping with these [Cairo and Potsdam] declarations, Formosa was surrendered to Generalissimo Chiang-Kai Shek, and for the past four years, the United States and Other Allied Powers have accepted the exercise of Chinese authority over the Island."[7] However, after the outbreak of the Korean War, Truman decided to "neutralize" Taiwan, claiming that it could otherwise trigger another world war. In June 1950, President Truman, who had previously given only passive support to Chiang Kai-shek and was prepared to see Taiwan fall into the hands of the Chinese Communists, vowed to stop the spread of communism and sent the U.S. Seventh Fleet into the Taiwan Strait to prevent the PRC from attacking Taiwan, but also to prevent the ROC from attacking mainland China. He then declared that "the determination of the future status of Formosa must await the restoration of security in the Pacific, a peace settlement with Japan, or consideration by the United Nations."
In July 1971, the U.S. State Department's position was, and remains: "As Taiwan and the Pescadores are not covered by any existing international disposition, sovereignty over the area is an unsettled question subject to future international resolution."[11]
Question of sovereignty over Taiwan
Position of the People's Republic of China (PRC)
A PRC Mainland Travel Permit for Taiwan Residents. Permits allow ROC residents of Taiwan to enter mainland China. The PRC refuses to accept ROC passports.
The position of the PRC is that the ROC ceased to be a legitimate government upon the founding of the former on 1 October 1949 and that the PRC is the successor of the ROC as the sole legitimate government of China, with the right to rule Taiwan under the succession of states theory.[12]
Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th-century diplomacy.[1] A successor state often acquires a new international legal personality, which is distinct from a continuing state, also known as a continuator or historical heir, which despite change to its borders retains the same legal personality and possess all its existing rights and obligations (such as a rump state).[2]
The ISO 3166 directory of names of countries and territories registers Taiwan (TW) separately from and in addition to the People's Republic of China (CN), but lists Taiwan as "Taiwan, Province of China" based on the name used by the UN under PRC pressure. In ISO 3166-2:CN, Taiwan is also coded CN-71 under China, thus making Taiwan part of China in ISO 3166-1 and ISO 3166-2 categories.
After the San Francisco Peace Treaty came into effect, the sovereignty of Taiwan naturally belonged to the Taiwanese people.
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