III.

Backroom Deals Between the United States and Japan Concerning Diaoyu Dao are Illegal and Invalid

Diaoyu Dao was returned to China after the Second World War. However, the United States arbitrarily included Diaoyu Dao under its trusteeship in the 1950s and "returned" the "power of administration" over Diaoyu Dao to Japan in the 1970s. The backroom deals between the United States and Japan concerning Diaoyu Dao are acts of grave violation of China's territorial sovereignty. They are illegal and invalid. They have not and cannot change the fact that Diaoyu Dao belongs to China.

1. Diaoyu Dao was returned to China after the Second World War

In December 1941, the Chinese government officially declared war against Japan together with the abrogation of all treaties between China and Japan. In December 1943, the Cairo Declaration stated in explicit terms that "all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa [Taiwan] 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." In July 1945, the Potsdam Proclamation stated in Article 8: "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." On September 2, 1945, the Japanese government accepted the Potsdam Proclamation in explicit terms with the Japanese Instrument of Surrender and pledged to faithfully fulfill the obligations enshrined in the provisions of the Potsdam Proclamation. On January 29, 1946, the Supreme Commander for the Allied Powers Instruction (SCAPIN) No.677 clearly defined Japan's power of administration to "include the four main islands of Japan (Hokkaido, Honshu, Kyushu and Shikoku) and the approximately 1,000 smaller adjacent islands, including the Tsushima Islands and the Ryukyu Islands north of the 30th parallel of North Latitude". On October 25, 1945, the ceremony for accepting Japan's surrender in Taiwan Province of the China War Theater was held in Taipei, and the Chinese government officially recovered Taiwan. On September 29, 1972, the Japanese government committed with all seriousness in the China-Japan Joint Statement that "the Government of Japan fully understands and respects this stand of the Government of the People's Republic of China [Taiwan is an inalienable part of the territory of the People's Republic of China], and it firmly maintains its stand under Article 8 of the Potsdam Proclamation."

These facts show that in accordance with the Cairo Declaration, the Potsdam Proclamation and the Japanese Instrument of Surrender, Diaoyu Dao, as affiliated islands of Taiwan, should be returned, together with Taiwan, to China.