[3] In Protocol 1b of the Treaty of Taipei, the ROC waived the benefit of Article 14a1 of the SFPT, namely the services of the Japanese people in production, salvaging and other work for repairing the damage done during the war.
[nb 1][nb 2][8] Article 10 of the Treaty states that "for the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendants who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores)."
[9] Independence supporters claim that the Nationality Law of the Republic of China was originally promulgated in February 1929, when Taiwan was argued to be a de jure part of Japan.
[citation needed] The Nationality Law was revised in February 2000;[10] however, there were no articles addressing the mass naturalization of Taiwanese persons as ROC citizens.
[11] Y. Frank Chiang, writing in the Fordham International Law Journal in 2004, expanded upon this argument and claimed that there are no international law principles which can serve to validate a unilateral proclamation to abrogate (or revoke) a territorial treaty, whether based on a charge of being "unequal," or due to a subsequent "aggression" of the other party to the treaty, or any other reason.
1, in 1964, Japanese Minister for Foreign Affairs Masayoshi Ōhira explained in the House of Councillors: "This note of exchange has nothing to do with the Republic of China's territorial sovereignty...
In 1980, while adjudicating a case concerning nationality, the Tokyo High Court wrote in its opinion that the treaty should lose its significance and should end as a result of the joint Communiqué.
It may face increased pressure to back private reparations demands as a stand against perceived Japanese nationalism, historical revisionism, and challenge of Chinese sovereignty over Taiwan.