San Francisco Peace Treaty did not decide Taiwan's sovereignty

Sep 05, 2026

Taiwanese scholars are marking 75 years since the San Francisco Peace Treaty by arguing that Taiwan's status was never handed to China — a direct challenge to Beijing's claim.

  • The 1951 treaty said only that Japan gave up Taiwan and Penghu, and never named who received them.
  • The 1943 Cairo Declaration was a political statement, not a signed treaty, so it carried no legal force to transfer Taiwan to China.
  • Britain told the Republic of China at the time that Cairo alone could not move sovereignty, and that a formal peace treaty was needed.
  • The 1950 US declaration that the Taiwan Strait was neutral formally treated Taiwan's status as undecided, which gave Washington room to get involved.
  • The core argument: Taiwan's future should be decided by the people who live there, and the issue must stay international rather than become China's internal affair.

Outlook: Expect Beijing to push back hard as Taipei uses the treaty anniversary to build a legal case for self-determination.

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