从法理和惯例看“台湾地位未定论”之荒谬

A View on the Absurd Theory of "The Uncertainty of Taiwan's Status"From Legal and Fact Perspectives

"台湾地位未定"是美国为使中国分裂合法化而炮制的谬论,此后成为国际上特别是岛内台独分子进行分裂活动的主要理论依据,民进党执政后吕秀莲公开发表"台湾地位未定"的言论,为台独张目。按照"未定论"的推理逻辑:日本取得台湾是基于《马关条约》,而此后再无条约说明日本把台湾归还中国;《开罗宣言》和《波茨坦公告》只是意向性声明而不是条约,在国际法上无法律约束力,台湾问题在国际法上尚未解决。然而,事实上,《马关条约》完全属不平等条约,违反国际法的一般准则,《开罗宣言》和《波茨坦公告》均为国际法意义上的有效条约,因此,"未定论"的逻辑前提和法理依据均经不起推敲。

'The Uncertainty of Taiwan's Status' is one of the paralogism of some American politicians,whose main purpose is to break up China and make it a legal fact. Some Taiwan Residents who want to make Taiwan a independent country has been making full use of the choplogic above, especially the leaders of Democratic Progressive Party like Lü Xiulian, who drums up 'the Uncertainty of Taiwan's Status ' openly after Democratic Progressive Party came to power. According to their logic, the Japanese occupation of Taiwan is based on 'Sino-Japanese Treaty of Shimonoseki', but after that no treaty was made to prove the return of Taiwan to China. By Lü's words,'Cairo Declaration' and 'Potsdam Declaration' are only declarations but not international treaties and have no legal binding force, hence the problem of Taiwan has no international law resolves yet. This article is to prove from international laws and customs that'Cairo Declaration' and 'Potsdam Declaration' are legal treaty by the means of international law. On the contrary, 'Sino-Japanese Treaty of Shimonoseki' is thoroughly an unfair treaty and is illegal. In conclusion, ' the Uncertainty of Taiwan's Status ' is incorrect both in the logic and in the principle of international laws.