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Stating the case

October 27, 2012
(CNA photos)

New ROC Minister of Foreign Affairs David Y.L. Lin knows how to state a case well. His op-ed piece run last week by respected U.S. publication Foreign Policy crisply reiterated that the Diaoyutai Archipelago is an inherent part of the ROC and Japanese claims over the island group do not hold up to scrutiny.

Lin’s message is important as it sets out Taiwan’s case on the basis of geography, geology, history and international law—indisputable facts largely overlooked by the world media in coverage of the archipelago.

When the Diaoyutais were annexed by Japan in January 1895, this was not done as “occupation of terra nullius.” The islands were part of China’s defense system during the Ming dynasty (1368-1644), and later placed under the jurisdiction of Taiwan by the Qing dynasty (1644-1911). Irrefutable evidence of these actions exists in records produced by Qing officials and Fujian and Taiwan prefecture gazetteers.

The reality is that centuries of Chinese occupation and use of the Diaoyutais cannot be erased by Japan’s decision to seize the archipelago during the first Sino-Japanese War of 1894-1895. This act, which was ordered by the Japanese government in a cabinet meeting, was hidden from the world until the declassification of Japanese diplomatic records in 1953.

Such a move violates international law on the acquisition of territory and makes Tokyo’s claims of sovereignty over the Diaoyutais invalid, null and void. Furthermore, the archipelago was returned to the ROC, along with Taiwan, based on the Cairo and Postdam declarations, the Instrument of Surrender of Japan, the San Francisco Treaty and the Treaty of Peace between the ROC and Japan.

These critical points were again highlighted during the week at a Ministry of Foreign Affairs international seminar on the Diaoyutais. Attracting a host of local and overseas academics, in addition to senior ROC government officials, the event brought attendees up to speed on the latest developments in the archipelago and examined how they might impact peace and stability in the East China Sea.

Participants also learned of the ROC government’s response to these challenges, with particular focus on the East China Sea peace initiative and its implementation guidelines.

The five-point plan calls on all parties to refrain from antagonistic actions; shelve controversies and not abandon dialogue; observe international law and resolve disputes through peaceful means; seek consensus on a code of conduct in the region; and establish a mechanism for cooperation on exploring and developing resources.

Equally important is the initiative’s two-stage implementation: dialogue and talks, then cooperation on exploring and sharing natural resources. Under this framework, Taipei, Tokyo and Beijing can conduct bilateral discussions before progressing to trilateral negotiation.

If Japan is serious about realizing peace and cooperation in the region, it must not waste any more time disputing the ROC’s watertight case on the Diaoyutais. Embracing the initiative and joining in forging a path of coexistence and mutual prosperity is the best way of advancing Taipei-Tokyo relations and ensuring peace and stability throughout the East China Sea.

Write to Taiwan Today at ttonline@mofa.gov.tw

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