It’s Time to Fulfill Taiwan’s "Self-determination of People" after the War
It’s Time to Fulfill Taiwan’s "Self-determination of People" after the War
On one hand, the Chinese government on the other side of the strait, citing the reasons that "Taiwan and Penghu are already part of Chinese territory" and the "One China Principle," has been pressuring Taiwan day and night with fighter jets and warships; on the other hand, the Kuomintang, a Chinese political party that has taken refuge in Taiwan, is also cooperating with its motherland, using a variety of tricks to promote "peaceful reunification across the Taiwan Strait" to the Taiwanese people, who are required to receive education in the "Chinese historical perspective" textbooks of the "ROC" government in Taiwan, a major crisis foreseeable for Taiwan has emerged. However, the DPP government of the "ROC" in Taiwan still disregards the international legal fact that "Taiwan and Penghu did not 'de Jure' become Chinese territory after the Pacific War," continuing to maintain its position that "the ROC Taiwan is a sovereign and independent country," and using the maintenance of the "status quo in Taiwan" as its cross-strait strategy, demanding that the Taiwanese people united to confront China. The Taiwan Nation-Building Classroom of Nantou County respectfully presents the following advice regarding their understandings, perspectives and cross-strait strategies that differ from those of the DPP government of the "ROC" in Taiwan to the Taiwanese people. I. Different understandings of "facts of international law concerning Taiwan and Penghu after the Pacific War"
(1) On August 15, 1945, Japan announced its surrender in the Pacific War. On September 1, Nanjing the ROC government immediately airdropped leaflets to the people of Taiwan proclaiming that — the ROC immediately take over Taiwan and Penghu in accordance with the Potsdam Proclamation — which was invalid. This is because: 1. Due to before the Pacific War, there was no international legal doubt regarding the sovereignty over Taiwan and Penghu belonged to Japan, whether the sovereignty over Taiwan and Penghu changed after the war, according to international law, must be decided by the post-war treaty signed between the Allied Powers and Japan; 2. The Potsdam Proclamation was an instrument by which the Allied Powers demanded Japan to surrender, not a post-war treaty with Japan; 3. The Cairo Declaration mentioned in the Potsdam Proclamation was a press communiqué announcing the "post-war intentions" after the military conference held in Cairo in 1943 by the United States, Britain, and China, and was also not a post-war treaty with Japan.
(2) On October 17, 1945, the ROC Chen Yi troops landed Keelung under the transportation of U.S. warships. Their mission was on behalf of fighting Japan Allied powers to carry out "military occupation" and governance of Taiwan and Penghu before the signing of a post-war treaty, in accordance with General Order No. 1 on Occupation and Demobilization issued by Supreme Commander of the Allied Powers, MacArthur, and not "the ROC immediately take over Taiwan and Penghu in accordance with the Potsdam Declaration."
(3) Because in violation of international law that "armies conducting 'military occupation' may not transfer the sovereignty over the occupied territory." Before the signing of the post-war treaty with Japan, from October 1945 to December 1949, Nanjing the ROC, the Chinese sovereign government, took a series of acts in Taiwan, including: 1. On October 25, 1945, authorized Chen Yi immediately after the Ceremony that Accepting the Surrender of Japanese Troops in Taiwan on Behalf of the Allied Powers finished to broadcast to the Taiwanese people —Taiwan had once again become Chinese territory; 2. In January 1946, announced that Taiwanese people would regain the nationality of the ROC from October 25, 1945; 3. In April 1947, issued: The “Chief Executive's Office of Taiwan Province”— the “former” authorities on behalf of Allied Powers to conduct "military occupation" and governance over Taiwan and Penghu, which was established by Chiang Kai-shek based on the "Taiwan Occupation Plan" of the US military headquarters in China Theater of the Pacific War, to be replaced with the ROC “Taiwan Provincial Government;” 4. In December 1947, it was announced that the Constitution of the ROC would be implemented in Taiwan Province; 5. From December 1949, a full-scale conscription was launched in Taiwan. All of these were acts of "grabbing the sovereignty over Taiwan and Penghu."
(4) The ROC and the People's Republic of China are the former and latter names of the government of "China." However, a nation cannot be in exile, but its government can, in December 1949, which sought refuge in Taiwan — Chiang Kai-shek knew perfectly well that these places were merely his places of trusteeship — was Nanjing the ROC government, not a country called "ROC."
(5) Based on: 1. Japan had renounced its sovereignty over Taiwan and Penghu in Article 2 of the San Francisco Peace Treaty with Japan; 2. According to Article 26 of the San Francisco Peace Treaty with Japan, neither the “ROC” government in Taiwan nor the People's Republic of China government in Beijing "received" the sovereignty over Taiwan and Penghu after the war. The ownership of the sovereignty of Taiwan and Penghu after the war can only be determined by the Taiwanese people resorting to the "right to self-determination" of "former colonies" people under the UN Charter to establish a their own sovereign State.
(6) UN Resolution 2758 affirmed that: The series of acts in Taiwan from October 1945 to December 1949 of Nanjing the ROC, the Chinese sovereign government, were all acts of "grabbing the sovereignty over Taiwan and Penghu." Because if these acts were valid under international law, the “ROC” government in Taiwan could have been listed as a "member state" of the United Nations alongside the People's Republic of China in Beijing, and it would not have been expelled from the United Nations.
(7) Because the sovereignty of Taiwan and Penghu remained undetermined after the Pacific War, the United States was still the principle occupying power of Taiwan and Penghu after Japan's surrender; the "ROC" government in Taiwan was still the "authorities" that on behalf of fighting Japan Allied Powers to conduct "military occupation" and governance over Taiwan and Penghu.
(1) After Nanjing the ROC had exiled to Taiwan in December 1949 for over 30 years (i.e., after 1980), based on the following situations of the "ROC" government in Taiwan: 1. The UN had rejected its "right to represent China" in 1971; 2. Exiled to Taiwan legacy of the “former Chinese government” — “former Chinese” Presidents, national assembly representatives, and legislators—had almost withered; 3. The US and other mainstream countries in the international community had ceased to recognize the "governing authorities on Taiwan" as the “former Chinese government” — the ROC. Because its international recognition as a "Chinese government-in-exile" was no longer sustainable, in reality, it had become merely: a Kuomintang “party-state" government in Taiwan and Penghu, where the Kuomintang, the Chinese political party, sought refuge, shouting "counter-attack and restoration of the nation" and “continued to manipulate” the Constitution of the ROC, which lacked legitimacy for “ruling Taiwan.”
(2) After Nanjing the ROC had exiled to Taiwan in December 1949 for over 45 years (i.e., after 1996), based on the following situations of the "ROC" government in Taiwan: 1. After the lifting of its 38-year martial law and "white terror" rule in 1987, the Democratic Progressive Party (DPP), a local political party which pursued "direct election of the President of the ROC," rose; 2. Since 1992, the people of Taiwan were able to regularly re-elect all members of its Legislative Yuan, and since 1996, they were able to regularly directly elect its President; 3. After Nanjing the ROC army began a full-scale conscription in Taiwan in December 1949 for over 45 years, the "ROC army" has actually become "Taiwanese army." Because its Kuomintang "party-state" authority and "foreign military occupation" have also weakened, it had essentially become: a government with "historical remnants," and an absurd "status quo in Taiwan” — the Taiwanese people, who are already "in charge of their own affairs," still absurdly "continue to manipulate" the Constitution of the ROC, which lacked legitimacy for "ruling Taiwan” — left behind by a series of acts of “grabbing the sovereignty over Taiwan and Penghu” of Nanjing the ROC government from October 1945 to December 1949 in Taiwan.
(3) Even though the “ROC” government in Taiwan has had "Taiwanese Presidents" multiple times since 1996, however, due to: 1. The Taiwanese people have never "de jure" been citizens of Nanjing the ROC; 2. Taiwan, Penghu have never "de jure" been territories of Nanjing the ROC; 3. The “ROC” government in Taiwan is not a sovereign government established by the Taiwanese people themselves; d. The “ROC” in Taiwan cannot formally establish diplomatic relations with mainstream countries, that according to the Montevideo Convention on the Rights and Duties of States, the “ROC” in Taiwan is still not a sovereign State that can become a member State of UN.
(4) The United States has never supported that Taiwan, Penghu, Kinmen, and Matsu is a "legally independent" country, nor has it ever asked the Taiwanese people to maintain the "status quo in Taiwan."
(5) The US's so-called "opposition to unilaterally change the status quo in the Taiwan Strait" is directed at the “ROC” government in Taiwan and the Chinese government on the other side of the strait, both of them did not “acquired" the sovereignty over Taiwan and Penghu after the Pacific War. The US has never opposed "the Taiwanese people unilaterally change the status quo in the Taiwan Strait."
(6) Since 1992, after the people of Taiwan held ten elections for all members of the Legislative Yuan of the “ROC” in Taiwan, the Legislative Yuan of the “ROC” in Taiwan has actually become the "Taiwanese Parliament." And the principle that " without any restriction members of parliament can initiate the justice of the changing of national system" is a fundamental principle of democracy.
III. Different Cross-Strait Strategies
(1) Although it is true that "the ROC and the People's Republic of China are not subordinate to each other," however, it is an international consensus that "the People's Republic of China is the successor government of the 'former Chinese sovereign government — Nanjing the ROC."
(2) For China, maintaining the "status quo in Taiwan" is also considered "Taiwan seeking independence from China" — the so-called "Taiwan independence." The cross-strait strategy of maintaining the "status quo in Taiwan" does nothing to defuse the looming tensions across the Taiwan Strait.
(3) The DPP's 1999 "Resolution on Taiwan's Future" party platform: Taiwan is a sovereign and independent country. Its sovereign territory extends only to Taiwan, Penghu, Kinmen, Matsu, and their affiliated islands, as well as the territorial sea and contiguous waters as defined by international law. While Taiwan is currently called the Republic of China according to its constitution, it is not subordinate to the People's Republic of China, as if the DPP had deviated from the international law fact that "Taiwan and Penghu had not 'de Jure' become Chinese territory after the Pacific War," and had "agreed" to accept a series of acts taken by Nanjing the ROC from October 1945 to December 1949 that "had grabbed the sovereignty over Taiwan and Penghu."
(4) Although, in terms of the "authorities" that still on behalf of fighting Japan Allied Powers to conduct "military occupation" and governance over Taiwan and Penghu, the policy of "enhancing Taiwan's defense capabilities" of the DPP government of the “ROC” in Taiwan is correct. However, because Taiwan was actually draw into territorial disputes with the Chinese government on the other side of the strait by Nanjing the ROC, which when it was still the 'Chinese sovereign government' from October 1945 to December 1949 had grabbed the sovereignty over Taiwan and Penghu first, and then sought refuge in Taiwan and Penghu in December 1949. Therefore, facing the looming threat of war across the strait, The most urgent task for the people of Taiwan is to hold a referendum on Taiwan’s "self-determination of people” after Japan had renounced its sovereignty over Taiwan and Penghu in the San Francisco Peace Treaty with Japan to clear away a government with "historical remnants" and an absurd "status quo in Taiwan," all of them were left behind by a series of acts from Nanjing the ROC from October 1945 to December 1949 of “grabbing the sovereignty over Taiwan and Penghu.” This would prevent the Chinese government on the other side from launching a war to annex Taiwan on the grounds that "since Taiwan has accepted the acts in Taiwan from October 1945 to December 1949 of Nanjing the ROC, which was a Chinese sovereign government, that Taiwan and Penghu are now Chinese territory, and unification between the two sides is necessary."
(5) China has no grounds to oppose that the Taiwanese people based on the history of Taiwan: 1. Taiwan was the territory of 20 Taiwanese indigenous peoples, including the plains and mountainous areas, and not the territory of southern Fujian Han people; 2. Although after the Qing Empire occupied the southwestern plains of Taiwan in 1683, because southern Fujian Han people came to Taiwan "tricked" and "plundered" the land of the Taiwanese indigenous peoples to cultivate their homes that Taiwan had been a "colonial territory" of the Qing Empire for 212 years, however, the Qing Empire had ceded Taiwan and Penghu to Japan through the Treaty of Shimonoseki in 1895, resorting to the UN Charter's "right to self-determination" for "former colonies" to clear away a government with "historical remnants," and an absurd "status quo in Taiwan“ themselves.
Furthermore it calls for: In order to resolve the territorial disputes between Taiwan and China after the end of the Pacific War; In order to enable Taiwan to stand on equal footing with other countries in the international arena. It’s time for 23.5 million people of Taiwan to demand that the legislators, who possess "Taiwanese consciousness" and constitute a majority in actually been "Taiwanese Parliament," in accordance with the San Francisco Peace Treaty with Japan propose a referendum case of the Resolution on Taiwan's “Self-Determination of People” After Japan's Renunciation the Sovereignty over Taiwan and Penghu. This would allow the people of Taiwan to finally, under the witness of the United Nations, invoke the "right to self-determination" of "former colonies" as stipulated in the UN Charter to clear away a government with "historical remnant," and an absurd "status quo in Taiwan” first, and then establish a sovereign State Taiwan.
The Resolution on Taiwan's "Self-Determination of People" after Japan's Renunciation the Sovereignty over Taiwan and Penghu Draft
(1) Except for legal provisions for maintaining Taiwan's national defense and security, protecting the lives and property of the Taiwanese people, maintaining the continued operation of the current central and local administrative organs, and maintaining the welfare of the Republic of China government's military, public servants, and teachers (including retired personnel), the Constitution of the Republic of China shall cease to function, and the Republic of China government shall become the caretaker government of Taiwan. During their terms, the President and Vice President of the Republic of China government shall become the head of state and vice head of state of the caretaker government of Taiwan. (2) The head of state of the caretaker government of Taiwan may declare: the withdrawal of the Republic of China military from the Chinese territories of Kinmen and Matsu, and that for two years, the residents of Kinmen and Matsu shall retain the status of "Taiwanese citizens." (3) The head of state of the caretaker government of Taiwan may submit the sovereignty of Dongsha Island and Taiping Island, which are not Taiwanese territories but are garrisoned by the Republic of China military, to the United Nations for adjudication. (4) The head of state of the caretaker government of Taiwan may convene representatives of various ethnic groups in Taiwan and constitutional scholars to establish a Taiwan Constitution Drafting Committee. Within three months, the committee may submit a draft of the "Taiwan Constitution." (V) The current legislators of Taiwan and Penghu may establish a Constitutional Convention for Taiwan. Within three months, the Constitutional Convention shall finalize the draft Constitution of Taiwan. (5) Within three months of the finalization of the Constitution of Taiwan, the people of Taiwan may conduct a referendum on the Constitution of Taiwan. (6) Within six months of the majority vote in the referendum on the Constitution of Taiwan, the Legislative Yuan of Taiwan and the Head of State may be elected in accordance with the Constitution of Taiwan.
Taiwan Nation-Building Classroom, Nantou County Executive Director: Wang Yan-bin June 30, 2026 No. 180, Zhongxing Rd., Caotun Township, Nantou County 049-2322174 E-mail: yenbin1948@gmail.com https://www.twself-determination.tw
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