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AuthorMorello, Frank P. author
TitleThe International Legal Status of Formosa [electronic resource] / by Frank P. Morello
ImprintDordrecht : Springer Netherlands, 1966
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Descript 107 p. online resource


Can two-Chinas co-exist in the present world order? In a sense they co-exist now-Free China in Taiwan (Formosa) and Communist China on the mainland. Barring a military showdown, this situation could remain for years to come. However, if we seek to put Free China and Communist China on some permanent basis and give them internaยญ tional juridical status as abiding and separate entities, then we are faced with serious difficulties. Free China and Communist China coยญ exist at present simply because neither can effectively alter the situaยญ tion. Each is backed by a power bloc that recognizes the legal existence of only one of these political regimes. The United States does not reยญ cognize Peiping, even though it has conducted meetings on the ambasยญ sadorial level with the Regime for several years. In a corresponding way, the Soviet bloc of nations refuses to recognize Nationalist China. The situation is very similar to that of two-Germanys, two-Koreas and two-Vietnams. To seek a solution to this political impasse, it is suggested that a "Sino-Formosan State" or some kind of "self-determination" by the Formosans be instituted. This was first expressed by Chester Bowles in his article "The China Problem Reconsidered" (Foreign Affairs, April 1960), and supported by John Carter Vincent in his letter to the editor of the New York Times (December 7,1961). The Conlon Report of 1959 held the same posi. tion. Also, Arnold J


I. Introduction -- II. Early History of Formosa -- Original Inhabitants of Formosa -- Early Settlers -- Kingdom of Koxinga -- Legality of Chinaโ{128}{153}s Acquisition of Formosa -- Formosa Under Chinese Rule -- Japanese Acquisition of Formosa -- III. Conferences and Declarations: Their Effect on the Status of Formosa -- Cairo Conference -- Potsdam Conference -- Instrument of Surrender -- The Effect of the Cairo, Potsdam Declarations and the Instrument of Surrender on the Status of Formosa -- IV. Claims of the Formosan Nationalists -- Chinese Law on Nationality -- Republic of Formosa -- Formosa as A Province of China -- The Right of the Nationalist Government to Establish Its Seat on Formosa -- The Right of Self-Determination -- Validity of Formosan Claims -- V. International Opinions on the Status of Formosa -- The British Position -- The Russian Position -- The American Position -- The Japanese Position -- The Indian Position -- The Irish Position -- The Two-China Theory -- The Conlon Report -- VI. Claims of the Chinese Communists -- Russia and Its Relations with the Chinese Communists Before the End of World War II -- Russiaโ{128}{153}s Interference in the Domestic Affairs of China After World War II -- The Legitimacy of the Chinese Communist Government -- China Representation Question and Legal Status of Formosa are Separate but Closely Related Issues -- Chinese Communist Position on the Status of Formosa and the Representation Question -- Validity of Communist Chinaโ{128}{153}s Claims -- VII. Claims of the Republic of China -- Nationalist Government is the Legitimate Government of China -- Succession of Governments -- Succession of States -- The Republic of China Has Never Extended Recognition to the Chinese Communists in any Form -- State of Hostilities Still Exists -- San Francisco Treaty of Peace -- Sino-Japanese Treaty of April 28, 1952 -- Nationalist Governmentโ{128}{153}s Views on Status of Formosa -- Legitimacy of Nationalist Chinaโ{128}{153}s Claims -- Transfer of Title Through A Treaty of Cession -- Title Through Prescription -- VIII. Present Status of Formosa

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