The complexity of the Taiwan issue today is not at the legal level, and it is still at the political level.This politics includes both the international politics of China and the United States, China and Japan, and the political pulse of the Taiwan Strait's cross -strait politics, and even the internal political pulse of the two sides of the strait.
December 1 this year is the 80th anniversary of the Cairo Declaration.Many ordinary readers who do not engage in international issues are not clear about the background and historical significance of the document.In the academic circle of studying Taiwan and cross -strait relations, whether in mainland China or in Taiwan, they all know the significant meaning of this document.Of course, from the perspective of supporting Taiwan's independent scholars, this document is undoubtedly "evil" or insignificant.But from the disgusting attitude they held, the significance of this file is by no means insignificant.
1943 was the year of the fundamental turn of the Second World War.Anti -fascist alliances, mainly in the United States, Britain,,, China and the Soviet Union, have achieved a number of major victories on the European and Pacific battlefields, including the victory of the Battle of Stalingrad and the collapse of the Italian fascist regime.In late November of that year, the leaders of the United States, Britain, and China gathered in Cairo to discuss the two major issues of Japan's combat plans and how to deal with Japan after the war.In the joint statement issued on December 1 of that year, the Three Kingdoms stated: "The purpose of the Three Kingdoms is to deprive all of the islands won or occupied in the Pacific Ocean since the beginning of the World War I started in 1914;The territory in China, such as Manchuria, Taiwan, and the Penghu Islands, returned to China.
Under the condition that Japan was not defeated at that time, the Cairo Declaration was only a unilateral claim of the United States, Britain, and China, and it did not have legal effect on Japan.By July 1945, the German fascist had surrendered two months ago, the European war was flat, and only Japan was still stubborn in the axis group, but it has also become the end of the crossbow.In order to study a series of political issues in Europe after the war, the leaders of the United States, Britain, and the Soviet Union gathered in the small town of Berlin's town in Berlin on July 17 to discuss related issues.Although fighting in Japan is not the focus of this meeting, under the U.S. initiative, it was still published on July 26, which was drafted by the United States and agreed with the United Kingdom and invited China to participate in the Persam of Persam, which promoted Japan to surrender, and mentioned:"The conditions of the Cairo Declaration will be implemented, and Japan's sovereignty will be limited to the other islands determined by the state, Kyushu, the Four Kingdoms, and ours."
Needless to say, Potsdam's announcement is also unilaterally proposed by the allies under the conditions of Japan's failure to defeat, and it has no legal effect on Japan at that time.However, on August 14 of that year, the Emperor of Japan announced in the Battle of the Anti -Japanese War.In the Japan surrender signed by Nine Kingdoms, including the United States, China, and the Soviet Union on September 2, Japan also promised to accept the Potsdam announcement.Whether it is the suspension of war released by the emperor himself, or the Japanese surrender book signed by Japan and the nine victors, it is undoubtedly the most legal document with the most legal effect and obtaining immediately executed.Therefore, the Cairo Declaration and the Potsdan announcement were established from the allies' unilateral claims to be upgraded to contracts accepted by the war by the allies because of the Japanese stop war.Such a logical relationship is not difficult to understand.
On October 25, 1945, the Japanese surrender ceremony in the 16th surrender area of the Chinese theater was held at the Taipei Public Church (now Zhongshan Hall).Under the witness of the Allied representatives, Chen Yi, the Chief Executive and Police Commander of the Taiwan Provincial Government, appointed by the Chinese government, announced to the Japanese side as a representative of the Chinese side: "Following the highest commander of the Chinese theater and chairman of the National Government of the Republic of China(Ying Qin) Commander's order, and General He Zhangang Village Ningci of the General President He Ji Gang Village Ningci, designated the troops and administrative staff designated by the officials and the officials, accepted the Japanese, sea and air forces in Taiwan, Penghu Islands, and its auxiliary assistanceThe surrender of the army and received the territory, people, governance, military and political facilities and assets of Taiwan and Penghu Islands.A copy of the first order of the Department, when the execution is followed, and immediately conveyed the officials of the officials of the politics, military organs and the army at all levels.Taiwan and Penghu Islands have officially re -entered the territory of China. All land, people, and political affairs have been placed under the sovereignty of the National Government of the Republic of China.Zhou Zhi.
The complexity of Taiwan's issue is not legal in politics
From the above historical facts, it can be seen that the return of Taiwan and Peng region has a series of international law basis that takes the Cairo declaration as the origin, but also the physical procedures for implementing these international law.The Japanese surrender ceremony in Taipei occurred on October 25, 1945. In fact, it also had the function of the transfer ceremony of territorial sovereignty in the Taiwan Peng area.Japan accepted the Potsdam announcement and Cairo Declaration due to the defeat, and implemented the clauses that returned the Manchuria and Taipin area to China in the Cairo Declaration.Just like a pair of men and women, which not only legally received a marriage certificate and a wedding, can they question the legitimacy of their marriage?At that time, the Chinese National Government set October 25 as the "Taiwan Light Rehabilitation Festival". Just as a couple had a notes on weddings as a wedding anniversary, it was reasonable.
As for the United States convened some allies (excluding China, the Soviet Union) in 1951, signed San Francisco and Testament with Japan.The "repentance" of the series of international law documents is that its big background is that the Cold War of the United States and the Soviet Union is now, the mainland China is easy, and the mainland government has alliance with the Soviet Union.control.Therefore, the US policy of Taiwan has changed from acknowledging Taiwan to China to "Taiwan's status unreasonable."The root cause behind it is that non -international jurisprudence is also international politics.
Therefore, the complexity of the Taiwan issue today is not at the legal level, and it is still political.This politics includes both the international politics of China and the United States, China and Japan, and the political pulse of the Taiwan Strait's cross -strait politics, and even the internal political pulse of the two sides of the strait.If you are in a big deal, you can clarify non -special articles.
Finally, by the way, the Cairo Declaration said that "deprives Japan's islands won or occupied in the Pacific Ocean since the beginning of the First World War in 1914." Of course, it also includes the Nanyang islands, such as Singapore.
The author is executive deputy director of the Taiwan Research Center of Shanghai Jiaotong University
