Mutual Defense Treaty between the United States of America and the Republic of China 中華民國與美利堅合眾國間共同防禦條約 | |
---|---|
Type | Defense Treaty |
Signed | 2 December 1954 |
Location | Washington, D.C. |
Effective | 3 March 1955 |
Expiry | 31 December 1979 |
Parties | |
Citations | 6 U.S.T. 433; T.I.A.S. No. 3178 |
Languages |
Sino-American Mutual Defense Treaty | |||||||
---|---|---|---|---|---|---|---|
Traditional Chinese | 中美共同防禦條約 | ||||||
Simplified Chinese | 中美共同防御条约 | ||||||
|
The Sino-American Mutual Defense Treaty (SAMDT),formally Mutual Defense Treaty between the United States of America and the Republic of China,was a defense pact signed between the United States and the Republic of China (Taiwan) effective from 1955 to 1980. It was intended to defend the island of Taiwan from invasion by the People's Republic of China. Some of its content was carried over to the Taiwan Relations Act of 1979 after the failure of the Goldwater v. Carter lawsuit.
In the context of Cold War confrontation between capitalist countries and communist countries worldwide,the SAMDT between the United States of America and the Republic of China was intended to secure the island of Taiwan from potential invasion by the People's Republic of China in the aftermath of the Chinese Civil War on mainland China.
Rather than taking a multilateral approach to alliances and treaties in East Asia,as had been done in Europe with NATO,the U.S. decided on a bilateral approach with its Asian allies (Philippines,China (Republic of),Japan and South Korea),known as the San Francisco System or hubs-and-spokes system. Because the politics in Asia ranged from democratic to authoritarian,it would be difficult to find a base for multilateral relations stemming from shared values. Furthermore,the countries in Asia were not perceived to face a single threat,unlike western Europe from the Soviet Union. It was therefore considered more beneficial to pursue bilateral relations. [1]
The treaty was signed on December 2,1954,in Washington,D.C., [2] and came into force on March 3,1955. [3]
The treaty supported the Republic of China in asserting legitimacy as the sole government of the whole of mainland China until the early 1970s. During the Cold War,the treaty also helped US policymakers to shape the policy of containment in East Asia together with South Korea and Japan against the potential spread of communism.
The treaty consisted of ten main articles. The content of the treaty included the provision that if one country came under attack,the other would aid and provide military support.
The treaty was limited in application to the defense of the island of Taiwan and the Pescadores only. Kinmen and Matsu were not protected by this treaty. Therefore,the US stood aside during the Second Taiwan Strait Crisis. The treaty also discouraged the Republic of China from initiating any military action against mainland China,since only Taiwan and Pescadores were included and unilateral military actions not supported.
From the viewpoint of US Senate,in conjunction with the ratification of the MDT,a report issued Feb. 8,1955,by the US Senate Committee on Foreign Relations specified:"It is the view of the committee that the coming into force of the present treaty will not modify or affect the existing legal status of Formosa and the Pescadores."
To avoid any possibility of misunderstanding on this aspect of the treaty,the committee decided it would be useful to include in this report the following statement:
It is the understanding of the Senate that nothing in the treaty shall be construed as affecting or modifying the legal status or sovereignty of the territories to which it applies. [4]
The relationship between the US and the Soviet Union had eased,and the US did not support a "counterattack on the mainland." The Republic of China Armed Forces continued to counterattack on a small scale,with more defeats and fewer victories. As a result,the national army missed three major opportunities (the Great Leap Forward in 1958,the Sino-Indian border conflict in 1962,and the Cultural Revolution in 1966),which completely stifled the hope of the Republic of China's government to counterattack the mainland.
The benefits of this treaty were not limited to Taiwan and the United States but extended to the entire Western Pacific,which is slightly different from the US-Japan Cooperation and Security Treaty and the US–Philippines Mutual Defense Treaty. The treaty stipulated that,in addition to self-defense,military actions taken by the Republic of China on Taiwan against mainland China should also comply with restrictions agreed by the United States. Truman restored the policy of neutrality across the Taiwan Strait to a certain extent.
The treaty prevented the CCP from attacking Taiwan and established the situation of long-term division of both sides of the Taiwan Strait. U.S. troops were stationed in Taiwan to establish military security to ensure Taiwan’s development and turn Taiwan’s crisis into peace.
Although the treaty had no time limit,Article 10 of the treaty stipulated that either party can terminate the treaty one year after notifying the other party. Accordingly,the treaty came to an end on January 1,1980,one year after the United States established diplomatic relations with the People's Republic of China on January 1,1979.
The authority for President Jimmy Carter to unilaterally annul a treaty,in this case the SAMDT,was the topic of the Supreme Court case Goldwater v. Carter in which the court declined to rule on the legality of this action on jurisdictional grounds,thereby allowing it to proceed.
Shortly after the United States' recognition of the People's Republic of China, the U.S. Congress passed the Taiwan Relations Act. Some of the SAMDT's content survives in the Act; for example, the definition of "Taiwan". However, it falls short of promising Taiwan direct military assistance in case of an invasion. [5]
The Taiwan independence movement is a political movement which advocates the formal declaration of an independent and sovereign Taiwanese state, as opposed to Chinese unification or the status quo in Cross-Strait relations.
The Taiwan Relations Act is an act of the United States Congress. Since the formal recognition of the People's Republic of China, the Act has defined the officially substantial but non-diplomatic relations between the US and Taiwan.
The political status of Taiwan or the Taiwan issue is a long-running dispute on the status of Taiwan, currently controlled by the Republic of China (ROC). Originally based in Mainland China, the ROC government retreated to Taiwan in 1949 after the Chinese Communist Party (CCP) won the Chinese Civil War and established the People's Republic of China (PRC) in Mainland China. Since then, the effective jurisdiction of the ROC has since been limited to Taiwan, Penghu, Kinmen, Matsu, and smaller islands.
The term One China may refer, in alphabetical order, to one of the following:
The Taiwan Strait is a 180-kilometer -wide strait separating the island of Taiwan and continental Asia. The strait is part of the South China Sea and connects to the East China Sea to the north. The narrowest part is 130 km wide.
The Treaty of San Francisco, also called the Treaty of Peace with Japan, re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It was signed by 49 nations on 8 September 1951, in San Francisco, California, at the War Memorial Opera House. Italy and China were not invited, the latter due to disagreements on whether the Republic of China or the People's Republic of China represented the Chinese people. Korea was also not invited due to a similar disagreement on whether South Korea or North Korea represented the Korean people.
The Joint Communiqué of the United States of America and the People's Republic of China, also known as the Shanghai Communiqué (1972), was a diplomatic document issued by the United States of America and the People's Republic of China on February 27, 1972, on the last evening of President Richard Nixon's visit to China.
The Sino-Japanese Peace Treaty, formally the Treaty of Peace between the Republic of China and Japan and commonly known as the Treaty of Taipei, was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan on 28 April 1952, and took effect on August 5 the same year, marking the formal end of the Second Sino-Japanese War (1937–1945).
The Taiwan Security Enhancement Act was a US Congressional bill which never became law. It was passed by one of the Houses of the U.S. Congress, the House of Representatives, on February 1, 2000, by a vote of 341 to 70. It envisaged greater United States military support of the Republic of China/Taiwan, including training and equipment. It also contemplated establishing direct military communication lines between the United States and Taiwan. It was never approved by the U.S. Senate or signed into law by the U.S. president.
The First Taiwan Strait Crisis was a brief armed conflict between the Communist People's Republic of China (PRC) and the Nationalist Republic of China (ROC) in Taiwan. The conflict focused on several groups of islands in the Taiwan Strait that were held by the ROC but were located only a few miles from mainland China.
The Formosa Resolution of 1955 was a joint resolution passed by the U.S. Senate and signed by U.S. President Dwight D. Eisenhower on January 29, 1955, to counteract the threat of an invasion of Taiwan by the People's Republic of China (PRC). The resolution gave the U.S. president the authority “to employ the Armed Forces of the United States as he deems necessary for the specific purpose of securing and protecting Formosa and the Pescadores against armed attack [by the Communists]”.
Retrocession Day is the name given to the annual observance and a former public holiday in Taiwan to commemorate the end of Japanese rule of Taiwan and Penghu, and the claimed retrocession ("return") of Taiwan to the Republic of China on 25 October 1945. However, the idea of "Taiwan retrocession" is in dispute.
Goldwater v. Carter, 444 U.S. 996 (1979), was a United States Supreme Court case in which the Court dismissed a lawsuit filed by Senator Barry Goldwater and other members of the United States Congress challenging the right of President Jimmy Carter to unilaterally nullify the Sino-American Mutual Defense Treaty, which the United States had signed with the Republic of China, so that relations could instead be established with the People's Republic of China. Goldwater and his co-filers claimed that the President required Senate approval to take such an action, under Article II, Section II of the U.S. Constitution, and that, by not doing so, President Carter had acted beyond the powers of his office. While dismissing the case the Court left open the question of the constitutionality of President Carter's actions.
The Joint Communiqué on the Establishment of Diplomatic Relations of January 1, 1979, established official relations between the United States and the People's Republic of China.
The United States foreign policy toward the People's Republic of China originated during the Cold War. At that time, the U.S. had a containment policy against communist states. The leaked Pentagon Papers indicated the efforts by the U.S. to contain China through military actions undertaken in the Vietnam War. The containment policy centered around an island chain strategy. President Richard Nixon's China rapprochement signaled a shift in focus to gain leverage in containing the Soviet Union. Formal diplomatic ties between the U.S. and China were established in 1979, and with normalized trade relations since 2000, the U.S. and China have been linked by closer economic ties and more cordial relations.
The complex relationship between Japan and Taiwan dates back to 1592 during the Sengoku period of Japan when the Japanese ruler Toyotomi Hideyoshi sent an envoy named Harada Magoshichirou to the Takasago Koku 高砂国 (Taiwan). The bilateral trading relations continued through the Dutch colonial rule and the Tungning Kingdom of Taiwan in 17th century before the completion of Japan's Sakoku policy. After the Meiji restoration of Japanese Imperialism in latter half of the 19th century, Japan assumed its territorial desires upon Korean Peninsula, Ryukyu Kingdom, a Chinese Tribute Protectorate, and on Taiwan Province of China from Qing Dynasty after Treaty of Shimonoseki and successive military aggressions on the China Proper and Southeast Asia and the Pacific from 1895 to 1945, until the surrender of Japan after World War II. With other occupied territories, Taiwan was also renounced by Japan in the San Francisco Peace Treaty and shall returned to Republic of China in the Cairo Declaration and governed by the Republic of China Government since 25th October 1945 by General Order No. 1.
The United States Taiwan Defense Command was a sub-unified command of the United States Armed Forces operating in Taiwan from December 1954 to April 1979.
The bilateral relationship between Taiwan and the United States of America is the subject of the Japan-U.S. relations during Japanese colonial rule and China-U.S. relations before the government of the Republic of China (ROC) led by the Kuomintang retreated to Taiwan and its neighboring islands as a result of the Chinese Civil War and until the U.S. ceased recognizing the ROC in 1979 as "China" as a result of the One China policy following the Joint Communiqué on the Establishment of Diplomatic Relations under the Carter administration. Prior to relations with the ROC, the United States had diplomatic relations with the Qing dynasty beginning on June 16, 1844 until 1912.
With the establishment of the People's Republic of China in 1949, American immigration policy towards Chinese emigrants and the highly controversial subject of foreign policy with regard to the PRC became invariably connected. The United States government was presented with the dilemma of what to do with two separate "Chinas". Both the People's Republic of China and the Republic of China wanted be seen as the legitimate government and both parties believed that immigration would assist them in doing so.
The retreat of the government of the Republic of China to Taiwan, also known as the Kuomintang's retreat to Taiwan or the Great Retreat in Taiwan, refers to the exodus of the remnants of the internationally recognized Kuomintang-ruled government of the Republic of China (ROC) to the island of Taiwan (Formosa) on December 7, 1949, after losing the Chinese Civil War in the mainland. The Kuomintang, its officers, and approximately 2 million ROC troops took part in the retreat, in addition to many civilians and refugees, fleeing the advance of the People's Liberation Army of the Chinese Communist Party (CCP).
DONE in duplicate, in the English and Chinese languages, at Washington on this second day of December of the Year One Thousand Nine Hundred and Fifty-four, corresponding to the second day of the twelfth month of the Forty-third year of the Republic of China.