Taiwan, issues under the jurisdiction of internatioal law by HoonTing (2010.10.22) The status of Taiwan and the freedom of navigation over Taiwan Strait are under the jurisdiction of international law by HoonTing (2010.10.22) The conclusion of the Treaty of Shimonoseki(馬關條約)by which Qing ceded southern portion of Feng-tian(奉天南邊地方) as well as Taiwan and the Pescadores to Japan in 1895, resulted an unbalance impact on related n 租房子ations that time. It took the associated nations months to get it done. First, the Triple Intervention; the balance of power and the security of northern China would be a mess if Japan held the southern portion of Feng-tian. Russia, Germany and France intervened and insisted Japan to restore the southern portion of Feng-tian back to Qing. Japan conc 酒店工作luded a new treaty with Qing. Qing gave Japan 30 million kuping taels of silver (equivalent to 450 million yen then) in exchange of the southern portion of Feng-tian she has ceded to Japan. At the same time, a diplomat of the British Diplomatic Mission on Tokyo submitted a note to Japanese Foreign Minister Mutsu, Munemitsu (陸?宗光). It wrote that the Britain denied having 室內設計 any intention to occupy Taiwan. That behavior showed the sensitivity of Taiwan and the importance of her strategic position. Third, Japan, under international pressure, declared that Japan would never ceded Taiwan and the Pescadores to other country on 19th July. (台?澎湖島???決??他???与??????保証?得置度??意味?含蓄?居?旨彼??開陳??)[1] This declaration has been notified to envoys of nine relat 節能燈具ed countries of Russia, Britain, Germany, France, America, Italy, Austria, Dutch and Korea. Meanwhile, Japan also guaranteed to nine related countries that she promised to keep free navigation over the channel of Taiwan Strait. (三?政府?台?清?間海??航海自由????????付日本政府??保証?得??)[2] The two guarantees were integrated and finalized as one. The texts could be translated as “Third. The Empire Government examined 酒店經紀 the requests of the three governments and considered the interests of international commerce hereby declare as follows: the Empire Government recognizes that all portion of Taiwan Strait to be a public channel, which is not pertain to Japan nor under the jurisdiction of Japan, and the Japanese Empire Government agrees that she will not re-cede Taiwan and the Pescadores to other country.” (第三、帝?政府?三?政府?請求??量?且?一般??際通商?利害?慮 辦公室出租?左?如?宣言? 帝?政府?台?海??以?全?各?公共航路?認?隨?該海??獨?日本???有又?管轄???????非??宣言?且?帝?政府?台?及澎湖??他???与??????約?) The text can be found in the note to Russian Envoy Hitrovo as well as his replying note on 18th October on p.175 in Vol. 28 of “the Diplomatic Documents of Japan” (外務省編纂《外交文書》). Japan would not re-cede Taiwan, free navigation over Taiwan Strait and the Britain would not occupy Taiwan have become a commitment of Jap ARMANIan Empire under the witness of international community. The diplomatic commitment keeps itself effective unless otherwise revised by legal document and consent by associated states under international law. No governmental change could claim it void. It would be interesting for us to note that Japan did respect the commitment of 1895, obscurely, even she defeated and “renounces all right, title and claim to Formosa and the Pescadores” in the Treaty of Peace with Japan of 1951. M 租屋網r. Ng, Yuzin Chiautong has indicated the above Japanese commitments in his book “the Governor-Generals of Taiwan”(Taiwan Sotokufu) in 1981. He implies that the so-called Taiwan Question is not only a sovereignty issue of territory. It also related to the nationality change of the people who living on it and, most of all, the freedom of navigation for marine vessels sailing through the channel etc. The freedom of navigation on high sea is a principle founded in 17th century by Hugo Grotius. It is now a basic 租辦公室element of the United Nations Convention on the Law of the Sea (UNCLOS) . Taiwan question is then cannot become a bargaining chip in the secret talks only by so-called “the two sides across the Strait”. Any proposal needs the consent of international society as well as the consent of people on Taiwan. [1] 外務省編纂,《外交文書:第28卷第2冊》,(社團法人日本國際聯合協會發行:東京,明治28年,1895),p.175 http://www.mofa.go.jp/mofaj/annai/honsho/shiryo/archives/DM0003/0001/0028/0603/0195/index.djvu accessed on 2010/10/21 保濕面膜  .


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