Treaty of Peace Between the Republic of China and Japan (Treaty of Taipei)
中華紀實

Treaty of Peace Between the Republic of China and Japan (Treaty of Taipei)

A comprehensive record of the Treaty of Taipei (1952), including excerpts of key articles and diplomatic exchanges. This document clarifies the legal termination of the state of war between the Republic of China (R.O.C.) and Japan, confirming Japan's renunciation of rights over Taiwan and Penghu, and the historical context of its unilateral termination by Japan in 1972.

#Republic of China #Treaty of Taipei #Sino-Japanese Peace Treaty #Japan #San Francisco Peace Treaty #Taiwan Sovereignty #Termination of War #George Yeh #International Law #Taipei Guest House
中文 English 日本語

Key Historical Data & Milestones

Signed Date
1952-04-28
Signed on the same day the Treaty of San Francisco came into effect
Effective Date
1952-08-05
Exchange of instruments of ratification in Taipei
Articles
14 Articles
Accompanied by a Protocol, Exchange of Notes, and Agreed Minutes
Location
Taipei Guest House
Taipei, Taiwan Province, Republic of China

Excerpts from the Treaty of Peace between the Republic of China and Japan (Treaty of Taipei)

The Treaty of Peace between the Republic of China and Japan, commonly known as the Sino-Japanese Peace Treaty or the Treaty of Taipei, serves as the definitive legal instrument terminating the state of war between the Republic of China (R.O.C.) and Japan following World War II.

Signed at the Taipei Guest House on April 28, 1952—the same day the San Francisco Peace Treaty came into effect—it officially ended the hostilities and laid the foundation for post-war diplomatic relations. Under this treaty, Japan recognized that it had renounced all rights, title, and claim to Taiwan and the Pescadores (Penghu), as well as the Spratly and Paracel Islands, in accordance with the San Francisco Peace Treaty.

Signing Ceremony of the Treaty of Taipei The formal document of the Treaty of Peace between the Republic of China and Japan.

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深度紀實與歷史焦點問答

QWhat is the international legal significance of the Treaty of Taipei signed between the ROC and Japan?
A

The Treaty of Taipei officially terminated the state of war between the Republic of China (ROC) and Japan following World War II. It explicitly recognized that Japan, under the San Francisco Peace Treaty, renounced all right, title, and claim to Taiwan and Penghu, confirming the legal return of sovereignty over Taiwan and Penghu to the Republic of China.

QHow does the Treaty of Taipei regulate the nationality of the residents of Taiwan and Penghu?
A

Under Article 10 of the Treaty, nationals of the Republic of China are deemed to include all inhabitants of Taiwan and Penghu and former inhabitants thereof and their descendants who are of Chinese nationality in accordance with the laws and regulations applied by the Republic of China. This legally confirmed their recovery of ROC nationality.

QDoes Japan's unilateral termination of the Treaty of Taipei in 1972 affect ROC sovereignty over Taiwan?
A

No. In 1972, Japan recognized the People's Republic of China (PRC) and severed diplomatic relations with the Republic of China (ROC), declaring the Treaty of Taipei terminated. However, in international law, provisions of a treaty that have already been executed (such as the renunciation of sovereignty over Taiwan and Penghu and their transfer to the ROC) are classified as 'executed treaty provisions.' These create permanent objective legal status that is unaffected by subsequent termination of the treaty or severance of relations. The ROC's sovereignty over Taiwan remains legally solid.

權威引用與參考文獻

  1. 1. （發行：Ministry of Foreign Affairs, ROC）
  2. 2. （發行：United Nations）
  3. 3. （發行：United Nations）

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