[quote=“BigJohn”][quote=“Muzha Man”]It was not an occupation. Taiwan was legal Japanese territory. No one disputed that. Japan didn’t have sovereignty over a little bit of China, it held sovereignty over Taiwan.
Territory acceded under military threat may be likened to a contract signed with a gun to your head. “I made him an offer he don’t refuse.”
It’s not the same as a contract signed in good faith. Imperial Japan was a brutal invading force in the entire Western Pacific. Nobody has to acknowledge their sovereign claims past or present if they were based on treaties or other legal instruments arising from military coercion.
Except that lawyers still have to deal with the legal mess.[/quote]
Actually there is no legal mess.
Prior to 1945 when the UN was formed, there was no international laws that even if you want to have an ICJ hearing, was that possible?
Even if Qing dynasty granted the entire China to Japan and went back to 关外, China will still not be Japan’s. Especially when Chinese Sun Yat Sun had ‘occupied’ China by replacing Qing dynasty. The Republic cannot (even now) recognize that 1895 treaty because in the current context based on UN Charters, Taiwan is a sovereign concern, you cannot occupy or snatch and interfere by military or papers. Supposedly if Xi Jin Ping were to sign a treaty to surrender China to Japan to get very rich, can he? While the UN Charters allows treaties to be signed and recognized, such a treaty surrendering China to Japan will be against the state interest and will never be acceptable. The premier merely represents China but China is owned by all the mainland Chinese.
Treason is against state constitution via any way, and applicable to the top most leadership.
Similarly, in today’s context, when Iraq ‘owned’ Kuwait, it’s legally unacceptable. The state Kuwait belongs to the people of Kuwait. Therefore, whether the Taiwan of Kuwait or the entire Kuwait was taken by any method, in today’s context, Iraq had no rights to form a government.
There is no need to recognize the 1895 treaty, because it was illegal. Taiwan back then was already a province of China with Chinese citizens on it. It was another form of ‘invasion’ hence the treaty should never be recognized. And neither will the Father of Republic China, Mr Sun, recognize that piece of crap. It was precisely due to Qing dynasty’s weaknesses and refusal to see this happen that KMT’s Sun started a revolution. Anyone in China may blur blur recognize the treaty, but not KMT Taiwan.
In short, given today’s context, Taiwan and Diaoyu Islands are part of China… the problem is, China has two governments… One is KMT and one is Communist Party.
Let put it in extreme case, IF Communist Party leadership suddenly all die, the government representing China in UN will be KMT now base in Taiwan.
Which is, Communist Party has to find a way to make KMT surrenders, or to occupy Taiwan and totally wipe out ‘the other government’.
If before the UN, Communist Party and KMT can still be considered as 南北朝 type of situation, but in today’s context, there is only ONE seat for China in the UN.
That’s just how funny things are…