Status of Taiwan

End of Japanese rule

The position of the US stated in the Department of State Bulletin in 1958 is that any seizure of Taiwan by the PRC "constitutes an attempt to seize by force territory which does not belong to it" because the Allied Powers had yet to come to a decision on the status of Taiwan. According to Vincent Wei-Cheng Wang, a minority of scholars and politicians have argued that the international status of Taiwan is still undecided, and that this has been used as an argument against the People's Republic of China's claim over Taiwan. They point to President Truman's statement on the pending status of Taiwan in 1950, the lack of specificity on whom the title of Taiwan was transferred to in the 1951 San Francisco peace treaty, and the absence of explicit provisions on the return of Taiwan to China in the 1952 Treaty of Taipei. However Wang notes that this is a weak argument, citing 2 Lassa Oppenheimer, International Law, under the principle of effective occupation and control, if nothing is stipulated on conquered territory in the peace treaty, the possessor may annex it. Still, the notion that a possessor may annex a conquered territory despite the peace treaty not stipulating so, was a means of territorial transfer recognized by classical international law, and its legality in recent years is either not recognized or disputed. According to Jian-De Shen, a Taiwanese independence activist, applying such a notion on the Republic of China's territorial claim for Taiwan is invalid because the conqueror of World War II is the whole body of the Allied Powers rather than the Republic of China alone. The Theory of the Undetermined Status of Taiwan is supported by some politicians and jurists to this day, such as the Government of the United States and the Japanese diplomatic circle.