That’s nice, but under “Uti Possidetis” and “Possession is nine-tenths of the law”, the argument presented by author is null and irrelevant.
Uti possidetis (Latin for “as you possess”) is a principle in international law that territory and other property remains with its possessor at the end of a conflict, unless otherwise provided for by treaty; if such a treaty does not include conditions regarding the possession of property and territory taken during the war, then the principle of uti possidetis will prevail.
Therefore, it’s not neccessary for Potsdam declaration to be formalized into official treaty, nor PRC/ROC to formally end the civil war with peace treaty, nor does San Francisco treaty need to formally determine sovereignty by determining the victor of Chinese civil war.
It’s absolutely not necessary under Uti Possidetis.
Furthmore, absent evidence to the contrary, ROC is presumed to be the rightful owner of Taiwan via: “Possession is nine-tenths of the law”
Possession is nine-tenths of the law is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not. The expression is also stated as “possession is nine points of the law”, which is credited as derived from the Scottish expression “possession is eleven points in the law, and they say there are but twelve.”[1]
Although the principle is an oversimplification, it can be restated as: *”*In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to them; if taken or used. The shirt or blouse you are currently wearing is presumed to be yours, unless someone can prove that it is not.”
ROC claimed to be “Successor State” to the Qing Dynasty, from which Imperial Japan annexed Taiwan island from. Is there any documentation to prove that ROC is not the Successor State to the Qing dynasty and did not inherit the treaty and stipulations of Treaty of Shimonoseki? The Possesssion is 9/10ths of law + Uti Possessi overrides any lack of formal treaty to recognize sovereignty.