1952年『中日和約』的性格再議

Abstract

The year 2011 marks 60 years of the San Francisco Peace Treaty. Issues as broad as the intertwining relations between Taiwan and the Republic of China in the post-Second World War era, the dynamics between Taiwan and the People's Republic of China, or various political propositions regarding Taiwan's status quo or de facto independence, all became points of political debate or even objects of academic studies. Given that the controversies all concern the legal basis of Taiwan's sovereign status in the post-War era, which relates specifically to the San Francisco Peace Treaty and the Sino-Japan Peace Treaty that the former authorized, the question of Taiwan's status has become a factor that prompts a sharp antagonism in Taiwan's academia and society. For this reason, through reviewing and analyzing the ”treaty relationship” between the San Francisco Peace Treaty and the Sino-Japan Peace Treaty, this article attempts to re-examine the nature of the Sino-Japan Peace Treaty, as well as the ambiguity it generates regarding the question of Taiwan's international status.