英文摘要 |
Stein Tønnesson and other scholars deem that there was no target for Japan’s renunciation of the Spratly Islands and the Paracel Islands (S&P) in Article 2 of Chapter 2 of the San Francisco Peace Treaty (SFPT), which is the root cause of the current South China Sea (SCS) controversy. This article points out, however, that the Taipei Treaty (TPT), a sequel to the SFPT, refers to S&P that Japan renounced in the SFPT, while these islands constitute the main part of the SCS. This article discusses: 1) how the handling of S&P as stipulated in Article 2 of the TPT was formed; 2) why the scope of application of Article 2 is precisely the Republic of China in Taiwan; and 3) how S&P in the TPT denotes only the islands and rocks while the SCS remains a sea open for neighboring countries to maintain territorial sea and Exclusive Economic Zones from their coastal baselines, rather than from the islands or rocks of S&P, and for the international society to have a wider set of high seas rights in the SCS. |