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One-China Policy and Taiwan

Abstract

In April 2003, the severe acute respiratory syndrome ( SARS ) disease spread to the island of Taiwan. These statements, made by the general who assigned the R.O.C. government to assume the task of the post-surrender administration of Formosa, and those of the high governmental officials of the leading Allied Powers not only demonstrate that the R.O.C. government has not acquired title to the island of Taiwan by occupation for the State of China, but also attest to the existence of a rule in international law that if title to a territory of the defeated State is to be changed after a war, then it must be achieved by a territorial treaty. ... Because the modern State is based on territory, China\u27s claim of sovereignty over Taiwan is necessarily predicated on its claim of title to the island of Taiwan. As analyzed herein, China never reacquired title to the island of Taiwan by any recognized means in international law: it did not acquire it under the Cairo Declaration; it did not acquire it by the Peace Treaty of San Francisco or any other treaty

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This paper was published in Fordham University School of Law.

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