Remarks by President Ma Ying-jeou at the Opening Ceremony of the Special Exhibition on the 60th Anniversary of the Coming into Force of the Treaty of Peace between the Republic of China and Japan
August 5, 2012
President of the Judicial Yuan Rai Hau-min; Secretary-General to the President Tseng Yung-chuan; Secretary-General of the National Security Council Hu Wei-jen; Minister of Foreign Affairs Timothy Yang; President of Academia Historica Lu Fang-shang; Ministers of the Cabinet; Leaders of the Academic and Business Community; Senior Ambassadors; Dear colleagues; Distinguished Guests; Ladies and Gentlemen: Good morning!
Today marks the 60th anniversary of the coming into force of the Treaty of Peace between the Republic of China and Japan. The Ministry of Foreign Affairs and Academia Historica specifically chose the Taipei Guest House as the venue for this special exhibition and seminar, which commemorate an event of historic and modern significance, since this is where the treaty was signed. I am honored to have been invited to attend this opening ceremony.
I. From the Treaty of Shimonoseki to the Treaty of Peace between the Republic of China and Japan
The Qing Dynasty was forced to cede territory and pay an indemnity after suffering a crushing defeat in the First Sino-Japanese War in 1894. In accordance with the subsequent Treaty of Shimonoseki of 1895, the Qing ceded the Liaodong Peninsula, Taiwan and the Penghu islands to Japan. On December 9, 1941, four years into the Republic of China’s lone War of Resistance against Japan, the ROC government formally declared war on Japan and proclaimed all treaties, agreements and contracts between China and Japan, including the Treaty of Shimonoseki, null and void.
On December 1, 1943, the leaders of China, the United States and the United Kingdom jointly released the Cairo Declaration, demanding the following: “. . . all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa, and the Pescadores [Penghu], shall be restored to the Republic of China.” Article Eight of the Potsdam Proclamation of July 26, 1945, states: “The terms of the Cairo Declaration shall be carried out. . .” On August 14, the Japanese Emperor announced acceptance of the Potsdam Proclamation and Japan’s unconditional surrender. On September 2, Japan’s representatives boarded the USS Missouri (BB-63) to sign the Instrument of Surrender and explicitly accepted the Potsdam Proclamation. These three documents include specific promises made by leaders of countries involved in World War II, and are all legally binding treaties or agreements confirming that Japan was required to restore Manchuria, Taiwan and the Pescadores to the Republic of China. Moreover, the Cairo Declaration, the Potsdam Proclamation and the Instrument of Surrender are listed by the US in the Treaties and Other International Agreements of the United States, 1776-1949, while the Japanese Instrument of Surrender is also included in the United States Statutes at Large and the United Nations Treaty Series.
The Treaty of Peace between the Republic of China and Japan is, in effect, an extension of the Treaty of San Francisco. You see, while neither side of the Taiwan Strait was invited to the signing of the Treaty of San Francisco on September 8, 1951, Article 26 of that treaty stipulated that countries involved in the war should sign a separate treaty with Japan to resolve territorial issues. Seven and a half hours before the Treaty of San Francisco officially took effect, on April 28, 1952, Minister of Foreign Affairs of the Republic of China George K.C. Yeh and the Japanese Plenipotentiary Isao Kawada, former minister of finance, signed the Treaty of Peace between the Republic of China and Japan, as well as Exchange of Notes No.1, on behalf of their respective governments. The treaty entered into force on August 5, this same day 60 years ago.
II. The Treaty of Peace between the Republic of China and Japan reaffirmed the fact that Taiwan was to be returned to the Republic of China
After the Allied Powers accepted Japan’s surrender on September 2, 1945, the China Expeditionary Army of Japan surrendered to the government of the Republic of China in Nanjing on September 9. Later, on October 25, the Republic of China officially took over Taiwan and resumed sovereignty over the island. For example, the government restored Taiwan’s status as a province, decreed that the Chinese nationality of the residents on Taiwan and Penghu would be reinstated, established a provincial government, and subsequently held legislative elections. At that time, not a single objection was raised by any foreign government.
The four primary articles of the treaty were as follows: First, the state of war between the Republic of China and Japan was officially terminated (Article One); Second, Japan renounced all right, title and claim to Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratly Islands and the Paracel Islands (Article Two); Third, all treaties and agreements concluded before December 9, 1941 (including the Treaty of Shimonoseki), were null and void; and Fourth, all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) were accepted as nationals of the Republic of China (Article Ten). In addition, Exchange of Notes No.1 states that the terms of the treaty will be applicable to all territories, both current and future, under the control of the ROC government. As a matter of fact, the main stipulations of the treaty were put into practice following the retrocession of Taiwan in 1945, and the treaty has since then served as a legal document under international law. Moreover, in the 1950s and 1960s, Japanese courts ruled that Taiwan’s sovereignty belongs to the Republic of China based on the treaty.
The Cairo Declaration, Potsdam Proclamation, Japanese Instrument of Surrender, the Treaty of San Francisco, the Treaty of Peace between the Republic of China and Japan and its Exchange of Notes No.1 have all confirmed that Taiwan has been returned to the Republic of China. As such, the Diaoyutai Islands, an island group part of Taiwan prior to World War II, naturally should have been returned to the Republic of China along with Taiwan after the war. After Japan established diplomatic ties with mainland China in September 1972, the Japanese government unilaterally announced that the Treaty of Peace between the Republic of China and Japan was null and void. However, this action should not affect the treaty whatsoever. This is due to the fact that, according to Article 70 of the Vienna Convention of the Law of Treaties of 1969, the termination of a treaty under its provisions or in accordance with the present Convention, does not affect any right, obligation or legal status of the parties created through the execution of the treaty prior to its termination. The Republic of China resumed its sovereignty over Taiwan and Penghu in 1945, and the legal status of Taiwan and Penghu as an integral part of the Republic of China has never been altered since then.
III. Treaty of Peace between the Republic of China and Japan: Historical and Modern Significance
The coming into force of the Treaty of Peace between the Republic of China and Japan confirmed that Taiwan belongs to the Republic of China and enhanced the Republic of China’s status in the international arena. This is the treaty’s historical significance. Its modern significance lies in the fact that the Republic of China was able to resume normal diplomatic relations with Japan.
When I took office in 2008, I defined the relationship between the Republic of China and Japan as a special partnership, and 2009 was designated as the year to foster this special partnership. Over the past four years, we have achieved significant progress in our bilateral relations. Examples include the increase in youth exchanges, the establishment of an ROC office in Sapporo, and the signing of investment and aviation agreements. In addition, the Japanese Diet has amended and promulgated laws that have benefited Taiwanese overseas compatriots residing in Japan and removed hurdles for the exhibition in Japan of art works from our National Palace Museum. After a devastating earthquake struck northeastern Japan in 2011, Taiwan generously supported relief efforts, donating more than any other country in the world. Our two countries also announced the Taiwan-Japan Friendship Initiative. In fact, relations between Taiwan and Japan are now at their highest point in the past 40 years. Japan already is Taiwan’s second largest trading partner; if our two countries can sign an economic cooperation agreement, our trade and investment relations will be further enhanced.
IV. East China Sea Peace Initiative
Since the end of the Second World War, sovereignty disputes over a number of territories have continued to simmer among countries in Northeast Asia, which have the potential to affect stability in the region. In addition to the Diaoyutai Islands, disputes exist over the South Kuril Islands – also known as Minami Chishima – between Russia and Japan, as well as over Takeshima – also known as Tokto – between Japan and South Korea. Among these, the rising tensions over the Diaoyutai Islands are particularly worrying.
Ladies and gentlemen, whether looked at from the perspective of history, geography, geology, practical use or international law, the Diaoyutais are an island group of Taiwan under the administrative jurisdiction of Daxi Village in Toucheng Township, Yilan County, Taiwan, and are therefore an inherent part of the sovereign territory of the Republic of China. In line with the UN Charter regarding settlement of international disputes by peaceful means, the Republic of China has consistently stated that the Diaoyutai issue should be addressed in accordance with the principles of “safeguarding sovereignty, shelving disputes, pursuing peace and reciprocity, and promoting joint exploration and development.” Considering the potential for conflict in the East China Sea, I solemnly propose the East China Sea Peace Initiative, calling on all concerned parties to:
1. Refrain from taking any antagonistic actions.
2. Shelve controversies and not abandon dialogue.
3. Observe international law and resolve disputes through peaceful means.
4. Seek consensus on a code of conduct in the East China Sea.
5. Establish a mechanism for cooperation on exploring and developing resources in the East China Sea.
Ladies and gentlemen, I first became interested in the issue of sovereignty over the Diaoyutais as an undergraduate student, when I actively participated in the movement to defend the islands. My position has remained unchanged ever since. Sixty years ago today, at this very place, the Republic of China and Japan officially brought to a close an extremely vicious war that had lasted for eight years and had resulted in the death or serious injury of 25 million people, most of whom were soldiers and citizens of the Republic of China. Over the last sixty years, countries in Northeast Asia have enjoyed rapid economic development and have become a model for other countries around the world. We honestly never want to see another catastrophe like this happen again in the region. By proposing the East China Sea Peace Initiative, we hope that all parties concerned will be compelled to carefully consider the gravity of the potential consequences of territorial disputes in Northeast Asia. We hope that all parties concerned will promise to settle these disputes through peaceful means, so that peace in the East China Sea can be maintained.
Ladies and gentlemen, national sovereignty cannot be divided. Natural resources, however, can be shared. We sincerely hope that, through this initiative, all parties concerned can shelve their disputes and come together to cooperate on exploring and developing resources in the East China Sea. This cooperation can also extend to a range of other areas, such as protecting the marine environment, conducting search and rescue operations, combating crime, and so forth. We also hope that this initiative will give weight to the issue, both at a national and international level, so that all parties concerned can work towards making the East China Sea into a sea of “peace and cooperation.”
I hope that, by understanding both the historic and modern significance of the peace treaty with Japan, our people will come to see even more clearly how Taiwan and the Republic of China are inextricably linked, will cherish this land and its people even more, and will realize how important it is to resolve the Diaoyutai dispute in a peaceful manner. Lastly, I would like to wish the exhibition and seminar every success. Thank you.