英文摘要 |
This article focuses on the background of the San Francisco Peace Treaty and attempts to illustrate why the Allies insisted that Germany and Japan must surrender unconditionally. The acceptance of unconditional surrender by Germany and Japan and the occupation of all their territories by the Allies lead to conquest in traditional international law. The Allies of the Conquerors needed to apply the doctrine of debellatio to reform and monitor Germany and Japan in the long term, such as denazification or fundamental changes of Japan’s constitutional law and institutions, as these measures by the Allies exceeded the scope of belligerent occupation which the Hague Convention is allowed. The doctrine of debellatio justify the conclusion that the United States, as the sole conqueror of Japan, possessed the legal right alone to draft the Treaty of San Francisco, order Japan to relinquish its territorial sovereignty over Taiwan, refuse to transfer it to China and finally remain the power to determine the Taiwan's future. The ROC continued to be a government of China in exile after the Peace Treaty of San Francisco entered into force. The conclusion and abrogation of the Taipei Peace Treaty attests to the nature of ROC's government-in-exile. |