they therefore propose that the powers which are still legally at war with Japan should immediately concern themselves withthe threatened turmoil in this part of the Japanese Empire which is still awaiting final disposition at a peace settlement; under Article 107
of the United Nations Charter,88 this question is reserved for action by the powers which are at war with Japan.
-1 The United States, as a principal victor of the war in the Pacific and as the sole occupying power of Japan has great responsibility in the disposition of Formosa;
they therefore propose that the powers which are still legally at war with Japan should immediately concern themselves with the threatened turmoil in this part of the Japanese Empire which is still awaiting final disposition at a peace settlement; under Article 107
of the United Nations Charter,88 this question is reserved for action
by the powers which are at war with Japan.美國建議戰勝國家開國際會議，探討日本帝國尚未於和約得到最終處理處份領土，該議題屬聯合國憲章107條所保留，為聯合國以外之戰勝國，得以片面決議事項。
In this connection, you will of course recall that the U.S. has a juridical position in that these islands have never been ceded by Japan to China. Japan has renounced its own right and title to the islands, but their future status was deliberately left undetermined,
and the U.S. as a principal victor over Japan has an interest in their ultimate future. 美國尚擁有改該領土之相關權利，因美屬唯一日本戰勝者，乃日本唯有棄權主張，因此美具有法理權利，因日本尚未轉移該群島自日本到中國。
In this connection it may be noted that Japan never ceded sovereignty over Formosa and the Pescadores to China. Japan re-nounced its own sovereignty but left the future title undefined. Thus the United States as principal victor of Japan has an unsatis-
fied interest in these former Japanese islands.日本從未轉移該群島（台灣島）給中國。日本棄權了自己主張主權，但把未來歸屬未定。因此，美身為日本戰勝者，有該領土尚未處理完畢之利益在。
被同盟佔領(同盟最高指揮權在美國，參照﹕JAPANESE GOVERNMENT v. COMMERCIAL CAS. INS. CO.101 F.Supp. 243 (1951) http://www.leagle.com/decision/1951344101FSupp243_1284
“Since the cessation of actual hostilities in September, 1945, between
the Allied Powers and the Japanese, Japan has been occupied by the Allied
Powers and the Supreme Commander for the Allied Powers has had complete
supervision and direction of the Japanese Government. The United States
was one of the Allied Powers participating in the appointment of the Supreme
Commander and agreeing to his authority.
We take judicial notice also that the armed forces of the United States
did not enter Japan as conquerors to levy and exact tribute or to ravish
and lay waste the homeland of a defeated people. It has been declared policy
of the United States to rehabilitate and re-establish Japan as one of the
nations of the world to the end that it should ultimately take its place
among the family of democratic nations, where the natural rights and dignity
of man are protected and preserved. Japan was and has continued to be occupied,
not for purposes of subjugation, annexation or destruction. The occupation
has been, essentially, provisional and temporary; Japan has continued as
a sovereign with its rights and powers of sovereignty limited only by the
directives of the Supreme Commander. For the purposes of this motion, we accept the facts pertaining to the contract in suit and to this litigation, set forth in the complaint as well as in the letter of the Department of State, dated October 4, 1951, (copy of which
is annexed hereto, 101 F.Supp. 250).”
“DEPARTMENT OF STATE WASHINGTON”In reply refer to L/FE October 4, 1951
My dear Mr. Schuster:
Reference is made to your letter of September 12, 1951 relating to the case
entitled "The Japanese Government, plaintiff, against Commercial Casualty
Insurance Company and Andrew G. W. Frederick, doing business as Frederick
Mahogany Company, defendants". You request certification for presentation
to the Court of certain facts.
In reply, you are informed that at the time of the commencement of this action, the Japanese Government was a sovereign government recognized as such by the Government of the United States;
that the Supreme Commander for the Allied Powers (SCAP) was appointed, authorized
and directed by the Allied Powers concerned with the occupation of Japan
to direct and control the acts and conduct of the Japanese Government and
of Japanese nationals; that the United States Government was one of the Allied Powers and participated in the appointment of, direction and authorization to SCAP as above set
forth; that all hostilities between the Government of Japan and the Allied Powers
including the Government of the United States ceased in September, 1945.”)
美負責 MAJOR L. A. LEGER, F.D., U.S. ARMY:
THERE HAS BEEN RECEIVED BY INDORSEMENT OF MARCH 22, 1949, YOUR REQUEST OF FEBRUARY 7, 1949, FOR DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF BOEKI CHO (BOARD OF TRADE, JAPANESE GOVERNMENT). THE SAID VOUCHER IS STATED IN THE AMOUNT OF $1,880,082.88,
CHARGEABLE TO THE APPROPRIATION "GOVERNMENT AND RELIEF IN OCCUPIED AREAS, WAR DEPARTMENT, 1947."
“ON THE BASIS OF THE INFORMATION NOW FURNISHED IT APPEARS THAT THE ORIGINAL FIRM OFFER FOR SOYA BEANS WAS MADE IN THE FORM OF A LETTER FROM ESS/FT DIVISION, SCAP, DATED MARCH 7, 1947, TO MR. E. A. BAYNE, SPECIAL ADVISER TO THE CHINESE GOVERNMENT, WHICH STATED:
"REFERENCE IS MADE TO OUR CONVERSATIONS CONCERNING THE SHIPMENT OF SUGAR AND SOYA BEANS FROM FORMOSA AND CHINA TO JAPAN. ”)
Generalissimo recalled that he took over Formosa as Allied Commander of Chinese theater pending peace -treaty while General MacArthur took over Japan and other areas ,as SCAP; now Chinese government was here, but he hoped despite this fact Struble would not feel he coming to foreign territory in visiting Formosa. 蔣委員長聲稱其來美麗島，係基於同盟中國戰區總司令身份，以便等待和約簽屬，如同美將領佔領了日本其他地區，因屬同盟中國戰區總司令，雖然中國政府現在流亡到台灣島無誤，總司令希望美國海軍將領，不會覺得他來了外國領土，當他來台灣島之時。
“In a recent case, the Supreme Court of the United States, in referring to the military government of Porto Rico, said that the limitations upon the powers of the military governor must be looked for in the instructions given to the governor by his superiors, which were founded on the ‥general rules of international law, and from fundamental principles known wherever the American flag flies.〃 (Ochoa vs. Hernandez y Morales, 230 U.S., 139, 57 L. ed., 1427.) The Hague Conference Code of 1899 contains much that robs martial law and military government of their terrors. Assuming that the
President of the United States is bound by this international treaty, 。。。
The British Prime Jlinister (Attlee) to PresideWt Trumaqn No.6 [LONDON,] August 18, 1945.
Thank you for your personal and Top Secret telegram number 4 21 containing general order number one 22 to General of the Army Mac-Arthur, which you have approved with the understanding that it is subject to change both by further instructions issued through The Joint Chi efs of Staff and in matters of detail by The Supreme Com-mander for the Allied Forces in the light of the operational situation as known by him.
For text of General Order No. 1, see directive by President Truman to the Supreme Commander for the Allied Powers (MacArthur), August 15, p. 530.
Immediate contact will be made with the indicated commanders, or their desig-nated representatives, subject to any changes in detail prescribed by the Supreme Commander for the Allied Powers, and their instructions will be completely and immediately carried out.
(a) The senior Japanese commanders and all ground, sea, air and auxiliary forces within China, (excluding Manchuria), Formosa and French Indo-China North of 16 degrees North latitude, shall surren-der to Generalissimo Chiang Kai-shek.
Commander-in-Chief in that area,) (http://digicoll.library.wisc.edu/cgi-bin/FRUS/FRUS-idx?type=turn&am...)﹕ Japanese forces in the theater of Generalissimo Chiang Kai-shek's command shall surrender to Generalissimo Chiangy Kai-shek, as Allied Commander-in-Chief in that area, or to his designated representatives.
Instructions in that sense have been given to General MacArthur, the Allied Supreme Commander, and Generalissimo Chiang Kai-shek has been informed.
The difference about Taiwan is that because of China's defeat in 1894, China was forced to cede Taiwan to Japan.
PM Chou: The question of the UN I will discuss at some point later. Our central question of concern is Taiwan. The question of Taiwan is a question that was already solved after the Second World War, but then became a question outstanding.
The difference about Taiwan is that because of China's defeat in 1894, China was forced to cede Taiwan to Japan. That is similar to Sakhalin Island that was conceded to Japan after the war of 1905. And it was also like the question after the Prussian War of 1870 when Alsace-Lorraine was conceded to Germany. The First World War was concluded in 1918, and the Germans lost, and Alsace-Lorraine was restored to France,
”Plaintiffs have essentially been persons without a state for almost 60 years.“
”The last completely clear statement of authority over Taiwan came from General MacArthur in 1945. One can understand and sympathize with Plaintiffs﹀ desire to regularize their position in the world.
That Plaintiffs remain in an international limbo is not, however, because they have been ignored by the United States or the rest of the world.“
In 1949, China's civil war-a battle between Chinese nationalists and communists-ended; ?mainland China fell to the communists and became the People's Republic of China (‥P.R.C.〃), forcing Chiang Kai-shek to flee to Taiwan and re-establish the Republic of China (‥R.O.C.〃) in exile. ?Id.
word "terrs" shld not be employed in way to imply Formosa is for
purposes of Treaty already legal Dept China. Such action wld make
difficult any possible future UN action; also it is not believed to be
matter to be determined only by bilat Sino-Jap arrangement.5
一、美認知到，對於日本北方四島的現狀概念，也積極鼓勵日本國內愛國積極分子訴求美國歸還台灣島於日本天皇， 畢竟台灣島於舊金山和約內是屬於尚未轉移的領域無誤。http://digicoll.library.wisc.edu/cgi-bin/FRUS/FRUS-idx?type=turn&id=FRUS.FRUS195557v23p1&entity=FRUS.FRUS195557v23p1.p0094&q1=kurile&q2=formosa&q3=encourage any United States action supporting Japan's claim to the Kuriles might appear to reflect on our position under the San Francisco Treaty in the Ryukyus and might affect the status of Formosa, which Japan also renounced under the treaty; encouragement of Japanese irreden- tism in the north might also encourage it in the south;
and the People’s Republic of China authorities asked the US to publicly declare that the islands of Formosa and the Pescadores were not yet legally Chinese territories: http://digicoll.library.wisc.edu/cgi-bin/FRUS/FRUS-idx?type=turn&entity=FRUS.FRUS1949v09.p0361&id=FRUS.FRUS1949v09&isize=M&q1=formosa&q2=restore&q3=plebiscite ”
Fugh drew inference from Huang's subsequent remarks that latter
hoped that I could be persuaded to recommend to Department that
public statement be made about legal aspects of island and thus dis-
courage Generalissimo from establishing base there. I do not recall any
such implication in our conversation and find suggestion paradoxical
coming from Commies.“
Prime Minister of Japan request in 1961 for international conference to determine ultimate final future status of Formosa: The Prime Minister suggested that the Republic of China must somehow be brought to view this matter in proper perspective. He recalled that the legal status of the island of Formosa was not determined at the San Francisco Peace Conference, at which Japan merely renounced her sovereignty. He repeated a suggestion he had made to Ambassador Stevenson, that a conference of those nations which attended the San Francisco Conference be called to determine the legal status of Formosa.
” Ambassador Sebald: 3 As matters stand now, the Japanese have
residual sovereignty over the Nansei Islands. There are many unre-
solved questions as to what this means. For example, who issues
travel documents, etc?“
The place he is sitting in now, the status of that island, remains undetermined. From this point of view it can be said his government is hanging in mid-air.”
“What I ask now is that you affirm that you don't want Japanese armed forces to go into Taiwan and this must be affirmed only while your armed forces are in Taiwan.”