Territorial Disputes in the South China Sea under the San Francisco Peace Treaty

Abstract

Japan occupied the Paracel and Spratly Islands in 1939 and annexed both islands into the administrative jurisdiction of Taiwan. After World War IJ, the troops of the Republic of China were responsible for receiving both of the islands upon the surrender of the Japanese army. On April 28, 1952, the San Francisco Peace Treaty came into force and the Sino-Japanese Peace Treaty was signed, with both treaties stipulating that Japan renounce the right, title and claim to the Paracel and Spratly Islands. According to the principle of uti possidetis and occupation, the Republic of China has had the priority right of occupation to hold the right of sovereignty to both islands since that critical date.