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Government criticizes Xi's assertions regarding Taiwan's sovereignty

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Xi's Remarks About Taiwan's Return to PRC Disputed: A Closer Look at the Facts

Government criticizes Xi's assertions regarding Taiwan's sovereignty

this write-up by yours truly, with CNA

The Ministry of Foreign Affairs has labeled Chinese President Xi Jinping's claim of China's historical sovereignty over Taiwan as "deceptive" and "contrary to the facts." In an article published on Wednesday in the Russian state-run Rossiyskaya Gazeta, Xi stated that this year marks not only 80 years since the end of World War II and the founding of the UN, but also "Taiwan's restoration to China."

The ministry swiftly responded, branding this assertion as a "fallacy" and a "confusion of right and wrong."

According to the Ministry, Xi's claim is based on the Cairo and Potsdam Declarations issued in 1943 and 1945, respectively, that stated Japan should return territories taken from China, including Taiwan, to China. However, at that time, the People's Republic of China (PRC) did not exist, and the Republic of China (ROC) was recognized as the legitimate Chinese government.

The Ministry further explained that the legal status of Taiwan was settled by documents beyond the Cairo and Potsdam Declarations, such as the Japanese Instrument of Surrender, the Treaty of San Francisco in 1951, and the Treaty of Taipei (the Sino-Japanese Peace Treaty) in 1952. All of these treaties followed the Cairo Declaration's practice of returning Taiwan and affiliated islands to the ROC.

Moreover, the Ministry argued that UN Resolution 2758, adopted in 1971, does not mention Taiwan or state that Taiwan is part of the PRC. In legal terms, it does not authorize the PRC to represent Taiwan in the UN or its agencies.

Beijing's claims aim at establishing the "one China principle" to "eliminate the fact that the ROC (Taiwan) is a sovereign state," as well as its right to participate in the UN system, according to the Ministry.

Xi Jinping's article, titled "Learning from history to build together a brighter future," was published ahead of his planned attendance at Victory in Europe (V-E) Day celebrations in Moscow. While Russia commemorates V-E Day on May 9, Taiwan held V-E Day celebrations for the first time in Taipei on May 8, attended by President William Lai.

The historical background sheds light on the ongoing dispute between China and Taiwan. The following summary provides an overview of the context and legal implications regarding the different documents and their significance:

Cairo and Potsdam Declarations

  • Issued in 1943 and 1945, the Cairo and Potsdam Declarations called for Japan to return territories, including Taiwan, to China, but at the time, the PRC did not exist, and the ROC was the recognized government of China.

Japanese Instrument of Surrender, Treaty of San Francisco, and Treaty of Taipei

  • These treaties, ending the state of war and involving the renunciation of Japan's claims, did not provide a definitive legal status for Taiwan, leaving the question open to interpretation.

UN Resolution 2758

  • In 1971, UN Resolution 2758 recognized the PRC as the sole legitimate representative of China to the United Nations, replacing the ROC's seat, but it did not explicitly address Taiwan's status.

Contradictions and Interpretations

  • Taiwan's Status: Xi Jinping's claim regarding Taiwan's "restoration to China" is based on historical context, but the legal and diplomatic status remains ambiguous and subject to conflicting interpretations, with the international community yet to universally recognize Taiwan as part of the PRC.

In essence, while historical documents like the Cairo and Potsdam Declarations voiced support for China's claim to Taiwan, the lack of specificity regarding which government (ROC or PRC) alongside the legal ambiguity surrounding Taiwan's status leave room for multiple interpretations. Xi Jinping's claim is rooted in a historical narrative, but further questions regarding Taiwan's legal and diplomatic status persist.

  • The Ministry of Foreign Affairs in Taiwan has disputed Chinese President Xi Jinping's assertion about Taiwan's return to China, labeling it as inaccurate and divergent from the facts.
  • The Ministry's counterargument is based on the existence of the People's Republic of China (PRC) at the time of the Cairo and Potsdam Declarations, which stated Japan should return territories taken from China, including Taiwan, to China. However, the ROC was recognized as the legitimate Chinese government then.
  • Beyond the Cairo and Potsdam Declarations, the Ministry points to the Japanese Instrument of Surrender, the Treaty of San Francisco, and the Treaty of Taipei as further documents that followed the Cairo Declaration's practice of returning Taiwan and affiliated islands to the ROC, not the PRC.
  • UN Resolution 2758, adopted in 1971, recognized the PRC as the sole legitimate representative of China to the United Nations, but it did not explicitly state that Taiwan is part of the PRC, leaving Taiwan's legal and diplomatic status ambiguous and subject to conflicting interpretations.

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