It’s interesting to note down the records of the transferring of the title of Taiwan.
Prehistory. The concept and the practice of the property ownership of the aborigines in Taiwan is a controversial issue.
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Dutch East India Company acquired title of the land surrounding Fort Zeelandia (that area was called ‘dawon’ by the local aborigines) via ‘the right of conquest’.
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Lord Koxinga acquired Dutch’s title of the land via ‘the right of conquest’. Koxinga’s family acquired more land in the west coast from the aborigines later on via ‘the right of conquest’.
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Emperor Kangxi acquired the title of land from Konxinga’s grandson, who had inherited the ownership from Konxinga, via ‘the right of conquest’.
1683 - 1885. The legal descendants of Emperor Kangxi retained the title and acquired most of the west coast via ‘the right conquest’. However the east coast and the central mountain area were still owned by various aboriginal tribes.
- Emperor Meiji acquired that title from Emperor Guangxu via ‘the right of conquest’. Later Japan Empire acquired the rest of Taiwan via ‘the right of conquest’.
Up to this point, the title of ownership of Taiwan has always been transferred between private hands. Notice that the concept and the reality of nation state never existed in east Asia up to this point. That implied that the concept and the reality of China as a nation state did not exist in 1885. Before 1911, all land under heaven belonged to whichever Emperor that controled China. China before 1911 was only a geographical term used by the westerners.
- USA as a nation state acquired the title of the 13 states from King George III via ‘the right of independence’. The emperors of Spain and France acquired other small piece of lands.
From WIKI “After the attempted conquests of Napoleon and up to the attempted conquests of Hitler, the disposition of territory acquired under the principle of conquest had to, according to international law, be conducted according to the existing laws of war. This meant that there had to be military occupation followed by a peace settlement. If there was a territorial cession, then there had to be a formal peace treaty.”
1948. USA as a nation state acquired the right to setttle the title of Taiwan from Emperor Hirohito via ‘the right of conquest’.
- Treaty of San Fancisco was signed but the recipient of the title of Taiwan was not determined in the treaty.
1948 - present. USA has determined neither the recipient of the title nor the way to settle it.