San Francisco Peace Treaty at 75: Taiwan's status is for Taiwanese people to decide

Sep 05, 2026

Taiwan's legal experts are pushing back hard on China's claim to the island, arguing the island's status was never handed to anyone — a boost for Taipei's international case and a problem for Beijing.

  • The 1951 San Francisco Peace Treaty had Japan give up Taiwan, but never named a new owner, leaving the island's status unsettled to this day.
  • Beijing leans on UN Resolution 2758 to say Taiwan is part of China, but that vote only decided who represents China at the UN, not who owns Taiwan.
  • The 1943 Cairo Declaration, often cited by China, was a political statement, not a signed treaty, so it carries no legal weight.
  • Keeping Taiwan's status an international question is what gives Washington room to get involved; treat it as China's internal affair and that room disappears.
  • Many of Taiwan's own diplomats are hazy on this history, which weakens the country's case abroad.

Outlook: Expect Taipei to keep pressing the argument that only Taiwanese people can decide the island's future, with President Lai urging lawyers and officials to make that case at home and overseas.

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