Was There a "Taiwan Retrocession Day"?

ROC/Taiwan hopes to have its "sovereignty" recognized by more and more countries in the world, so that it can be a more active participant in the international community. However, as a precondition for that recognition, it would be desirable for the government officials in Taiwan to make a full explanation of how ROC/Taiwan fulfills the Montevideo Convention criteria for statehood.

DEFINED TERRITORY: Many armchair "legal experts" continually offer up the opinion that Taiwan/ROC includes the areas of "Formosa and the Pescadores" (aka "Taiwan"). However, they conveniently ignore the fact that after the close of the WWII period, "Formosa and the Pescadores" have never been legally incorporated into the national territory of the Republic of China.

The primary rationale which ROC government officials use to justify their claims of sovereignty over "Formosa and the Pescadores" is the "Taiwan Retrocession Day" argument. But such an argument finds no support in international law whatsoever.

For further details, please view the following videos.

(22) Retrocession Day (Oct. 25, 1945)

(23) Transfer of Sovereignty at Surrender Ceremonies

(65) Montevideo Convention

(66) Taiwan Retrocession Day? ROC Mass Naturalization?

(05) The Republic of China in Taiwan (Oct. 1945)



FACT #1: There was no transfer of Taiwan's Territorial Sovereignty in 1945
Important LINKs for Reference
Validity of Territorial Claims Based on the Cairo Declaration
Taiwan: No Agreement or Arrangement was Signed
Taiwan: Arguing over the Transfer of Title
Examination of the Sovereign Territory claimed by the ROC government
Sheng v. Rogers (D.C. Circuit, 1959)


FACT #2: The United States Has Never Agreed that Taiwan Belongs to China

For relevant details, please view the following videos.

(47) Three Joint Communiques

(48) USA Does Not Agree with China's Position

(49) The Meaning of "Acknowledge"

(50) Territorial Annexation

(51) Military Occupation v. Annexation







Who is Responsible for Taiwan's Defense?



A new video will be posted every day before the Jan. 14, 2024 elections.


This new series of Youtube videos examines the contention that Taiwan was never legally incorporated into the Republic of China's national territory after WWII, and therefore Taiwan does not belong to the ROC.

If indeed this is true, then it is hard to understand why the majority of people in Taiwan and overseas unquestioningly assume that the ROC is "responsible"" for Taiwan's defensive needs.

Interestingly, this line of inquiry appears to have been completely overlooked by the mainstream media, along with all the government officials in Taiwan, the USA, Europe, Japan, South East Asia, etc. Here in 2023 - 2025, it is certainly necessary to examine all relevant evidence regarding such allegations.





Films #1 to #20 present the initial overview of why Taiwan does not belong to the ROC, why the recognition of Taiwan people as "ROC citizens" is illegal, and why military conscription by the ROC in Taiwan violates international law. A summary is given in film #21.

For those persons who maintain that the above analysis is incorrect, further detailed explanations and rebuttals regarding the ROC's alleged independent sovereign status are given beginning in film #22.

Links to several informative webpages are available as well.





(01) Taiwan Governing Authorities

(02) Violations of Laws of the TW Governing Authorities?

(03) Taiwan's Incorporation into ROC's territory

(04) Taiwan Governing Authorities and the ROC

(05) The Republic of China in Taiwan (October 1945)

(06) Military Conscription in Occupied Territory

(07) National Boundaries

(08) ROC Constitution: Additional Articles & Three Joint Communiques

(09) China, Taiwan, and the TRA

(10) The Laws of War & The Laws of Occupation

(11) Military Occupation under the Laws of War

(12) Passports & Travel Documents

(13) ROC Nationality & ROC Passport Issuance

(14) Taiwan Relations Act & One China Policy

(15) ROC Armed Forces Introduction

(16) Nationality and Citizenship

(17) Territorial Cession & Nationality/Citizenship

(18) ROC ID Card & Passport

(19) ROC Nationality Law

(20) ROC Mass Naturalizations (Jan. 1946)




(21) ROC/Taiwan Sovereignty Determination




(22) Retrocession Day (October 25, 1945)

(23) Transfer of Sovereignty at Surrender Ceremonies

(24) Annulment of a Treaty

(25) Annulment of a Treaty, con't

(26) The Treaty of Shimonoseki and the ROC

(27) Prescription

(28) Prescription

(29) Successor Government Theory

(30) Successor Government Theory

(31) ROC Government Status?

(32) Popular Sovereignty

(33) Popular Sovereignty and Territorial Cession

(34) Territorial Cession Issues

(35) Territorial Cession and Terra Nullius

(36) Territorial Cession and Postliminium

(37) Understanding the SFPT

(38) State v. Federal Government

(39) Cessions of Florida and Taiwan

(40) Treaty of Taipei








BIOGRAPHICAL NOTES
Ms. Lu Hsiu-lien,
            English name: Annette Lu



Lu was born on June 7, 1944, in today's Taoyuan City, in northern Taiwan, during the era of Japanese sovereignty. After graduating from Taipei First Girls' High School, Lu studied law at the National Taiwan University. Graduating in 1967, she went on to gain a Master of Laws from both the University of Illinois at Urbana–Champaign (in comparative law, 1971) and Harvard University (1978).

As an announced feminist who was active in the tangwai movement (which began in the mid-1970s), Lu often questioned the legitimacy of the ROC's governance over Taiwan.

In 1979, Lu delivered a 20-minute speech criticizing the ROC government at an International Human Rights Day rally that later became known as the Kaohsiung Incident. Following this rally, virtually the entire leadership of Taiwan's democracy movement, including Lu, was arrested and imprisoned. She was tried, found guilty of violent sedition, and sentenced by a military court to 12 years in prison. Due to international pressure, she was released in 1985, after being incarcerated approximately six years.

Lu joined the Democratic Progressive Party in 1990, and was elected to the Legislative Yuan in 1992. Subsequently, she served as Taoyuan County Magistrate between 1997 and 2000, and was the Vice President of the Republic of China from 2000 to 2008, under President Chen Shui-bian.

Background: Tangwai Movement in Taiwan -- The Tangwai movement was a loosely knit political movement in Taiwan from the mid-1970s to mid 1980s. Although the ruling Kuomintang (KMT) had allowed contested elections for a small number of seats in the Legislative Yuan, opposition parties were still forbidden. As a result, many opponents of the KMT, officially classified as independents, ran and were elected as members "outside the party."

The Movement was at times tolerated and other times suppressed, the latter being the case particularly after the Kaohsiung Incident of 1979. Members of the movement eventually formed the Democratic Progressive Party in 1986, which after some time led to the legalization of opposition political parties. In the 2000 elections, teaming up with Chen Shui-bian (as candidate for President), Lu (as candidate for Vice President) won the election under the banner of the DPP, ending decades of single-party rule by the KMT in Taiwan.






webpage   https://taiwanadvice.com/fillrefertw.htm




Additional LINKs for Scholarly Research on Taiwan
(Jan. 1949)   Draft Report by the National Security Council
The San Francisco Peace Treaty, United States Military Government, and Taiwan
Montevideo Convention Criteria for Taiwan
International Law Doctrines
Historical Research shows that Taiwan is not Part of China