我個人的看法是台澎的主權已定
尊循的是一個:(開羅宣言→波茨坦宣言→日本降書)→舊金山和約(→中日臺北和約)的邏輯鍊
當然首先必須聲明，國際關係很多時候是以現實主義為主，這意味著這些條約內容雖然固定，但一些內涵卻是隨各國的意願解釋，在國際關係上，沒有實力為後盾，所有條約都可能成為廢紙，國際法體系也是幾個有實力的國家先有共識才能存在的
再來討論這個邏輯鍊，首先是開羅宣言(1943 Cairo Declaration)中提及了臺澎在戰後的計畫
The Three Great Allies are fighting this war to restrain and punish the aggression of Japan. They covet no gain for themselves and have no thought of territorial expansion. It is their purpose that Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of the first World War in 1914, and that all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa, and The Pescadores, shall be restored to the Republic of China. Japan will also be expelled from all other territories which she has taken by violence and greed. The aforesaid three great powers, mindful of the enslavement of the people of Korea, are determined that in due course Korea shall become free and independent.
波茨坦宣言(Potsdam Declaration)第八款則明確提及「開羅宣言的內容將會實施」
The terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine.
後來，當日本投降時的降書(Japanese Instrument of Surrender)則引用了波茨坦宣言
We hereby undertake for the Emperor, the Japanese Government and their successors to carry out the provisions of the Potsdam Declaration in good faith, and to issue whatever orders and take whatever actions may be required by the Supreme Commander for the Allied Powers or by any other designated representative of the Allied Powers for the purpose of giving effect to that Declaration.
下名ハ茲ニ「ポツダム」宣言ノ條項ヲ誠實ニ履行スルコト竝ニ右宣言ヲ實施スル爲聯合國最高司令官又ハ其ノ他特定ノ聯合國代表者ガ要求スルコトアルベキ一切ノ命令ヲ發シ且斯ル一切ノ措置ヲ執ルコトヲ天皇、日本國政府及其ノ後繼者ノ爲ニ約ス
而在最有爭議的舊金山和約中，很多人專注在第二條的放棄權利，雖然不得不說只提放棄權利而不提轉移主權確實在和約中是相當奇怪的事，但我們仍然能從第八條中找到承認之前與之後同盟國各決策的條文
Article 2
(a) Japan recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.
(b) Japan renounces all right, title and claim to Formosa and the Pescadores.
(c) Japan renounces all right, title and claim to the Kurile Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a consequence of the Treaty of Portsmouth of September 5, 1905.
(d) Japan renounces all right, title and claim in connection with the League of Nations Mandate System, and accepts the action of the United Nations Security Council of April 2, 1947, extending the trusteeship system to the Pacific Islands formerly under mandate to Japan.
(e) Japan renounces all claim to any right or title to or interest in connection with any part of the Antarctic area, whether deriving from the activities of Japanese nationals or otherwise.
(f) Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.
Article 8
(a) Japan will recognize the full force of all treaties now or hereafter concluded by the Allied Powers for terminating the state of war initiated on September 1, 1939, as well as any other arrangements by the Allied Powers for or in connection with the restoration of peace. Japan also accepts the arrangements made for terminating the former League of Nations and Permanent Court of International Justice.
第八條的中文機翻
第八條
(a)日本將承認盟國現在或以後為終止於 1939 年 9 月 1 日開始的戰爭狀態而締結的所有條約，以及盟國為恢復和平或與恢復和平有關的任何其他安排的全部效力。
最後，中日臺北和約(主要根據舊金山和約，但這個就比較找不到決定性的支持條文)
ARTICLE II
It is recognized that under Article 2 of the Treaty of Peace with Japan signed at the city of San Francisco in the United States of America on September 8, 1951 (hereinafter referred to as the San Francisco Treaty), Japan has renounced all right, title and claim to Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratly Islands and the Paracel Islands.
ARTICLE V
It is recognized that under the provisions of Article 10 of the San Francisco Treaty, Japan has renounced all special rights and interests in China, including all benefits and privileges resulting from the provisions of the final Protocol signed at Peking on September 7, 1901, and all annexes, notes and documents supplementary thereto, and has agreed to the abrogation in respect to Japan of the said protocol, annexes, notes and documents.
ARTICLE XI
Unless otherwise provided for in the present Treaty and the documents supplementary thereto, any problem arising between Japan and the Republic of China as a result of the existence of a state of war shall be settled in accordance with the relevant provisions of the San Francisco Treaty.
