196-568: The Sino-British Joint Declaration was a treaty between the governments of the United Kingdom and People’s Republic of China signed in 1984 setting the conditions in which Hong Kong was transferred to Chinese control and for the governance of the territory after 1 July 1997. Hong Kong had been a colony of the British Empire since 1842 after the First Opium War and its territory
392-436: A preemptory norm ( jus cogens ) , such as permitting a war of aggression or crimes against humanity. A treaty is an official, express written agreement that states use to legally bind themselves. It is also the objective outcome of a ceremonial occasion that acknowledges the parties and their defined relationships. There is no prerequisite of academic accreditation or cross-professional contextual knowledge required to publish
588-655: A puppet state controlling limited amounts of territory. The United Front between the Kuomintang and the CCP had salutary effects for the beleaguered CCP, despite Japan's steady territorial gains in northern China, the coastal regions and the rich Yangtze River valley in central China. After 1940, conflicts between the Kuomintang and Communists became more frequent in the areas not under Japanese control . The Communists expanded their influence wherever opportunities presented themselves through mass organizations, administrative reforms and
784-407: A "manifest violation" is required such that it would be "objectively evident to any State dealing with the matter". A strong presumption exists internationally that a head of state has acted within his proper authority. It seems that no treaty has ever actually been invalidated on this provision. Consent is also invalid if it was given by a representative acting outside their restricted powers during
980-511: A binding international agreement on several grounds. For example, the Japan–Korea treaties of 1905, 1907, and 1910 were protested by several governments as having been essentially forced upon Korea by Japan; they were confirmed as "already null and void " in the 1965 Treaty on Basic Relations between Japan and the Republic of Korea . If an act or lack thereof is condemned under international law,
1176-510: A cession. The British government initially prepared for the possibility of having to relinquish Hong Kong after the war, but moved towards retaining the colony over the course of the conflict. Hong Kong returned to British control in 1945. In the immediate post-war period, the Nationalist government continued this dialogue with the British about the future of Hong Kong, which included discussions of
1372-499: A change is sufficient if unforeseen, if it undermined the "essential basis" of consent by a party if it radically transforms the extent of obligations between the parties, and if the obligations are still to be performed. A party cannot base this claim on change brought about by its own breach of the treaty. This claim also cannot be used to invalidate treaties that established or redrew political boundaries. Cartels ("Cartells", "Cartelle" or "Kartell-Konventionen" in other languages) were
1568-466: A connection with a remaining British Dependent Territory would lose that status on the day of the transfer in 1997. Ethnic Chinese Hongkongers became Chinese nationals and could only retain British nationality if they had registered as BN(O)s before the handover. Although they were permitted to use British passports for international travel after the transfer, ethnic Chinese BN(O)s were explicitly restricted from accessing British consular protection within
1764-516: A full retrocession and proposals of turning the colony into an international city . However, communist victory in the Chinese Civil War made a transfer of Hong Kong to the Nationalists an increasingly unlikely scenario, and the status quo was maintained. Although communist troops marched up to the border with Hong Kong, they did not try to forcefully take the colony. Initial engagement between
1960-695: A general dispute resolution mechanism, many treaties specify a process outside the convention for arbitrating disputes and alleged breaches. This may by a specially convened panel, by reference to an existing court or panel established for the purpose such as the International Court of Justice , the European Court of Justice or processes such as the Dispute Settlement Understanding of the World Trade Organization . Depending on
2156-462: A general framework for the development of binding greenhouse gas emission limits, followed by the Kyoto Protocol contained the specific provisions and regulations later agreed upon. Treaties may be seen as "self-executing", in that merely becoming a party puts the treaty and all its obligations in action. Other treaties may be non-self-executing and require "implementing legislation"—a change in
SECTION 10
#17328341510392352-464: A new path to citizenship for Hong Kong residents with British National (Overseas) status. The Chinese government derided this change as "gross interference" and subsequently withdrew recognition of BN(O) passports as valid travel documents in 2021. The United States enacted the Hong Kong Autonomy Act in response to the national security law, and imposed economic sanctions on 34 individuals that
2548-496: A previous treaty or international agreement. A protocol can amend the previous treaty or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol, and this is sometimes made explicit, especially where many parties to the first agreement do not support the protocol. A notable example is the United Nations Framework Convention on Climate Change (UNFCCC), which established
2744-641: A program of massive military and financial aid to the hard-pressed Nationalist Government . In January 1943, both the United States and the United Kingdom led the way in revising their unequal treaties with China from the past. Within a few months a new agreement was signed between the United States and the Republic of China for the stationing of American troops in China as part of the common war effort against Japan. The United States sought unsuccessfully to reconcile
2940-410: A protracted war were staggering. The economy deteriorated, sapped by the military demands of foreign war and internal strife, by spiraling inflation, and by Nationalist profiteering, speculation, and hoarding. Starvation came in the wake of the war, and millions were rendered homeless by floods and unsettled conditions in many parts of the country. On 25 October 1945, following the surrender of Japan ,
3136-652: A provision in the Basic Law. The original decision reached by the Hong Kong Court of Final Appeal was seen as problematic by the HKSAR government as it would have allowed up to 1.6 million mainland immigrants to enter Hong Kong. The Chinese authorities obliged and the Hong Kong court's judgment was overturned, stopping the potential immigration. Pressures from the mainland government were also apparent, for example in 2000, after
3332-413: A republic was established to replace the monarchy . The Qing dynasty that preceded the republic had experienced instability throughout the 19th century and suffered from both internal rebellion and foreign imperialism. A program of institutional reform proved too little and too late. Only the lack of an alternative regime prolonged the monarchy's existence until 1912. The Chinese Republic grew out of
3528-510: A rework of local election laws that reduces the number of regional legislature seats elected by the public , the UK has declared China as being in a "state of ongoing non-compliance" with the Joint Declaration. China deemed the document expired and invalid as of June 30, 1997, while the UK continues to believe that it remains valid and effective. Hong Kong became a British colony in 1842 after
3724-537: A separate customs territory and ensure continuity of its international rights and obligations. During the second half leading up to the handover, the Liaison Group would consider actions needed to ensure a successful transition in 1997 and assist the incoming regional government in developing relations and agreements with other countries and international organisations for economic and cultural purposes. The mandate for this group ended on 1 January 2000. The third annex of
3920-410: A separate customs territory with free flow of capital. Civil and property rights would remain protected after the transfer of sovereignty. During the transition period from the date the treaty came into force until 30 June 1997, the United Kingdom would continue to be responsible for administering Hong Kong with the objective of maintaining its economic prosperity and social stability. The first annex of
4116-404: A single very long sentence formatted into multiple paragraphs for readability, in which each of the paragraphs begins with a gerund (desiring, recognizing, having, etc.). The High Contracting Parties—referred to as either the official title of the head of state (but not including the personal name), e.g. His Majesty The King of X or His Excellency The President of Y , or alternatively in
SECTION 20
#17328341510394312-464: A special kind of treaty within the international law of the 17th to 19th centuries. Their purpose was to regulate specific activities of common interest among contracting states that otherwise remained rivals in other areas. They were typically implemented on an administrative level . Similar to the cartels for duels and tournaments , these intergovernmental accords represented fairness agreements or gentlemen's agreements between states . In
4508-464: A treaty requires implementing legislation, a state may default on its obligations due to its legislature failing to pass the necessary domestic laws. The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear, or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted "in good faith" according to
4704-507: A treaty, the eschatocol (or closing protocol), is often signaled by language such as "in witness whereof" or "in faith whereof", followed by the words "DONE at", then the site(s) of the treaty's execution and the date(s) of its execution. The date is typically written in its most formal, non-numerical form; for example, the Charter of the United Nations reads "DONE at the city of San Francisco
4900-400: A treaty. However, since the late 19th century, most treaties have followed a fairly consistent format. A treaty typically begins with a preamble describing the "High Contracting Parties" and their shared objectives in executing the treaty, as well as summarizing any underlying events (such as the aftermath of a war in the case of a peace treaty ). Modern preambles are sometimes structured as
5096-432: A treaty. For example, within the United States, agreements between states are compacts and agreements between states and the federal government or between agencies of the government are memoranda of understanding . Another situation can occur when one party wishes to create an obligation under international law, but the other party does not. This factor has been at work with respect to discussions between North Korea and
5292-588: A variety of entities for the international community including the League of Nations along with its successor the United Nations and the Olympic Games . It was hoped by the government that participating in the Olympic Games this could give more legitimacy to the country in the eyes of the international community and "sports could also cultivate modern citizens and a strong nation". The Republic of China sent athletes to
5488-473: Is a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations, and became increasingly common and more sophisticated during the early modern era . The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by the widespread use of treaties. The 1969 Vienna Convention on
5684-451: Is nothing I could do to stop you, but the eyes of the world would now know what China is like." The Chinese pushed back against the assertion of sovereignty rights and insisted that it was not bound by the 19th-century unequal treaties that ceded Hong Kong to the UK. Even if the two sides had agreed on the binding nature of the Treaty of Nanking and Convention of Peking , the vast majority of
5880-642: The 1911 Revolution , which overthrew the Manchu -led Qing dynasty and ended China's imperial history . From 1927, the Kuomintang (KMT) reunified the country and ruled it as a one-party state (" Dang Guo ") and made Nanjing the national capital. In 1949, the KMT-led government was defeated in the Chinese Civil War and lost control of the mainland to the Chinese Communist Party (CCP). The CCP established
6076-608: The 1924 Summer Olympics in Paris , 1932 Summer Olympics in Los Angeles , 1936 Summer Olympics in Berlin and the 1948 Summer Olympics but no athletes won any medals. For 1928 a single athlete was sent. Although athletes were sent to the 1924 games they did not participate in the games. The Republic of China was a member of the League of Nations and participated until it was dissolved. Those in
Sino-British Joint Declaration - Misplaced Pages Continue
6272-515: The British Empire (including Hongkongers) held a common nationality. Citizens of the United Kingdom and Colonies (CUKCs) previously had the unrestricted right to enter and live in the UK until 1962, although non-white immigration was systemically discouraged. Immigration from the colonies and other Commonwealth countries was gradually restricted by Parliament from 1962 to 1971 amid decolonisation , when British subjects originating from outside of
6468-485: The British Islands first had immigration controls imposed on them when entering the UK. The 1981 Act reclassified CUKCs into different nationality groups based on their ancestry and birthplace, and the vast majority of British subjects in Hong Kong became British Dependent Territories citizens (BDTCs) with right of abode only in Hong Kong . Only those reclassified as British citizens held an automatic right to live in
6664-574: The Central Plains War . In 1931, the Japanese invaded Manchuria . They continued a series of smaller territorial encroachments until 1937, when they launched a full-scale invasion of China. World War II devastated China, leading to enormous loss of life and material destruction. The war between China and Japan continued until the surrender of Japan at the end of World War II in 1945, which led to Taiwan being placed under Chinese administration. In
6860-481: The Cultural Revolution embroiled mainland China beginning in 1966, local communists in Hong Kong started a series of demonstrations against colonial rule that escalated into the 1967 Hong Kong riots . However, the disturbances never gained local support and the subsequent restoration of public order conversely resulted in the colonial government achieving increased popularity among the territory's residents. By
7056-540: The Hong Kong Basic Law , which would stipulate the framework in which the new special administrative region would function. The second annex of the treaty provided for the establishment of the Sino-British Joint Liaison Group, consisting of diplomats from both governments, to facilitate ongoing dialogue for the implementation of the Joint Declaration and a smooth transfer of government. This group
7252-510: The Hong Kong dollar remains the regional currency. In the areas of civil aviation and maritime shipping, Hong Kong would continue as a separate entity from the mainland. Education and the maintenance of public order would be the regional government's responsibility. Right of abode in Hong Kong and immigration matters remain separate from mainland China, and the region could issue its own passports . All of these policies would be further detailed in
7448-464: The International Court of Justice . This was done to prevent the practice of secret treaties , which proliferated in the 19th and 20th centuries and often precipitated or exacerbated conflict. Article 103 of the Charter also states that its members' obligations under the Charter outweigh any competing obligations under other treaties. After their adoption, treaties, as well as their amendments, must follow
7644-584: The International Criminal Court and the United Nations , for which they often provide a governing framework. Treaties serve as primary sources of international law and have codified or established most international legal principles since the early 20th century. In contrast with other sources of international law, such as customary international law , treaties are only binding on the parties that have signed and ratified them. Notwithstanding
7840-655: The Kumul Rebellion , the Sino-Tibetan War , and the Soviet Invasion of Xinjiang . Large areas of China proper remained under the semi-autonomous rule of local warlords such as Feng Yuxiang and Yan Xishan , provincial military leaders, or warlord coalitions. Nationalist rule was strongest in the eastern regions around the capital Nanjing. The Central Plains War in 1930, the Japanese invasion of Manchuria in 1931, and
8036-514: The Nanjing decade . Sun Yat-sen envisioned three phases for the KMT rebuilding of China – military rule and violent reunification; political tutelage [ zh ] ; and finally a constitutional democracy. In 1930, after seizing power and reunifying China by force, the "tutelage" phase started with the promulgation of a provisional constitution. In an attempt to distant themselves from
Sino-British Joint Declaration - Misplaced Pages Continue
8232-548: The New Territories as a compensatory concession in 1898. The British negotiator considered the 99-year lease term to be sufficiently suggestive that the ceded area would be a permanent cession, which was granted rent-free. Hong Kong Governor Frederick Lugard first proposed renegotiating the lease as a formal cession in 1909 in return for restoring Weihaiwei to China. Although the Colonial and Foreign Offices considered this,
8428-528: The Qing dynasty 's defeat in the First Opium War . The territory initially consisted only of Hong Kong Island and was expanded to include Kowloon Peninsula and Stonecutters Island in 1860 after another Qing loss in the Second Opium War . After this addition, the British government resisted calls by colonial officials and merchants for further expansion into China, deciding to cease territorial acquisitions in
8624-556: The Republic of China ( 中華民國 ) and Republic of Korea ( 大韓民國 ) are unique in the choice of the term 民國 ('people's country') as an equivalent to "republic" in other languages. The country was in English known at the time as "the Republic of China" or simply "China". In China today, the period from 1912 to 1949 is often called the "Republican Era" ( simplified Chinese : 民国时期 ; traditional Chinese : 民國時期 ), because from
8820-626: The Single Convention on Narcotic Drugs provides that the treaty will terminate if, as a result of denunciations, the number of parties falls below 40. Many treaties expressly forbid withdrawal. Article 56 of the Vienna Convention on the Law of Treaties provides that where a treaty is silent over whether or not it can be denounced there is a rebuttable presumption that it cannot be unilaterally denounced unless: The possibility of withdrawal depends on
9016-611: The Soviet Union , Spain , the United Kingdom , the United States , and the Holy See . The Republic of China was able to maintain most of these diplomatic ties, at least initially following the retreat to Taiwan. Chiang Kai-shek had vowed to quickly return and "liberate" the mainland, an assurance that became a cornerstone of the ROC's post 1949 foreign policy. The ROC did try to participate in
9212-887: The Supreme Court , Control Yuan , and the General Academy. With the promulgation of the Organic Law of the Nationalist Government in October 1928, the government was reorganized into five different branches, or yuan , namely the Executive Yuan , Legislative Yuan , Judicial Yuan , Examination Yuan as well as the Control Yuan. The Chairman of the National Government was to be the head-of-state and commander-in-chief of
9408-1030: The United Nations (including its Security Council seat) where it maintained until 1971, when the PRC took over its membership in the United Nations General Assembly Resolution 2758 . It was also a member of the Universal Postal Union and the International Olympic Committee . With a population of 541 million in 1949, it was the world's most populous country . Covering 11.4 million square kilometres (4.4 million square miles) of claimed territory, it de jure consisted of 35 provinces , 1 special administrative region , 2 regions, 12 special municipalities , 14 leagues, and 4 special banners. The Republic of China's first president, Sun Yat-sen , chose Zhōnghuá Mínguó ( 中華民國 ; 'Chinese People's State') as
9604-400: The Vienna Convention on the Law of Treaties if the representative is the head of state, head of government or minister of foreign affairs , no special document is needed, as holding such high office is sufficient. The end of the preamble and the start of the actual agreement is often signaled by the words "have agreed as follows". After the preamble comes numbered articles, which contain
9800-579: The Wuchang Uprising against the Qing government, on 10 October 1911, which is now celebrated annually as the ROC's national day , also known as " Double Ten Day ". Sun Yat-sen had been actively promoting revolution from his bases in exile. He then returned and on 29 December, Sun Yat-sen was elected president by the Nanjing assembly, which consisted of representatives from seventeen provinces. On 1 January 1912, he
9996-825: The Yalta Conference in February 1945—dismantled and removed more than half the industrial equipment left there by the Japanese. Although the Chinese had not been present at Yalta, they had been consulted and had agreed to have the Soviets enter the war, in the belief that the Soviet Union would deal only with the Kuomintang government. However, the Soviet presence in northeast China enabled the Communists to arm themselves with equipment surrendered by
SECTION 50
#173283415103910192-404: The "ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose". International legal experts also often invoke the "principle of maximum effectiveness", which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties. No one party to a treaty can impose its particular interpretation of
10388-407: The 2047 date and were subject to a 50-hectare annual aggregate limit on the total amount of land the government could contract out for purposes other than for housing. A Land Commission consisting of an equal number of representatives from the British and Chinese governments was established to oversee the implementation of this annex until the transfer of sovereignty in 1997. The memoranda attached to
10584-412: The British government agreed to transfer control of the territory on that date. China stated its basic policies for administering the returned area; it would establish a special administrative region that would be autonomous in governing local affairs. The economic, social, governing, and legal systems would remain basically unchanged from as they existed under colonial administration. Hong Kong would remain
10780-520: The CCP established the People's Republic of China . Remnants of the ROC government would hang on in mainland China until late 1951. The KMT dominated ROC politics for 72 years and ruled the island of Taiwan for around 54 years until they lost the presidential election in 2000 to the Taiwanese nationalist Democratic Progressive Party (DPP). The ROC was a founding member of the League of Nations and later
10976-569: The Chinese Civil War, revolts by the KMT's warlord allies, and steady territorial encroachments by Japan. Although heavily damaged by the purge, the CCP gradually rebuilt its strength by focusing on organizing peasants in the countryside. Warlords who resented Chiang's attempts to take away their autonomy and incorporate their military units into the National Revolutionary Army repeatedly led devastating uprisings, most significantly
11172-609: The Chinese and because it assumed that educating the public on the complexity of the issue would be too difficult. Although the Unofficial Members of the Executive and Legislative Councils had repeatedly petitioned the British negotiators to insist on continued administration for as long as possible, they were ultimately unsuccessful. By November 1983, the British accepted that they would have no further authority over Hong Kong after 1997. Negotiations in 1984 centred on nationality and
11368-418: The Chinese government dictated what to do and therefore still followed the points of the declaration. Despite this autonomy, the government of the Hong Kong Special Administrative Region sometimes sought interference from the Central Chinese government. For example, in 1999 the government of the HKSAR asked China's State Council to seek an interpretation by the National People's Congress Standing Committee on
11564-468: The Chinese government were made clear from the beginning of the process. China would resume both sovereignty and administration over Hong Kong in 1997. It would do this by force if necessary, but preferred to keep the territory's socioeconomic climate stable to maximize the economic benefits it could reap from the transfer. Its proposed plan was to establish a special administrative region in the territory that would be governed by local residents and to maintain
11760-497: The Chinese government's perspective the ROC ceased to exist in 1949. In Taiwan, these years are called the "Mainland period" ( 大陸時期 ; 大陆时期 ), since it was when the ROC was based on the mainland. A republic was formally established on 1 January 1912 following the Xinhai Revolution, which itself began with the Wuchang uprising on 10 October 1911, successfully overthrowing the Qing dynasty and ending over two thousand years of imperial rule in China. From its founding until 1949,
11956-405: The Constitution. This Constitution was promulgated on 25 December 1946 and came into effect on 25 December 1947. Under it, the Central Government was divided into the presidency and the five yuans, each responsible for a part of the government. None was responsible to the other except for certain obligations such as the president appointing the head of the Executive Yuan. Ultimately, the president and
SECTION 60
#173283415103912152-564: The Fourth Plenary Session of the 2nd Kuomintang National Congress, held in Nanjing, passed the Reorganization of the Nationalist Government Act. This act stipulated that the Nationalist Government was to be directed and regulated under the Central Executive Committee of the Kuomintang, with the Committee of the Nationalist Government being elected by the KMT Central Committee. Under the Nationalist Government were seven ministries—Interior, Foreign Affairs, Finance, Transport, Justice, Agriculture and Mines, and Commerce, in addition to institutions such as
12348-461: The Hong Kong SAR or any other part of Chinese territory. Residents who were not ethnically Chinese, had not registered as BN(O)s, and would have been stateless on that date automatically became British Overseas citizens . The signing of the Joint Declaration caused some controversy in the United Kingdom because UK's Conservative Party Prime Minister Margaret Thatcher was agreeing with China's Communist government represented by Deng Xiaoping . In
12544-480: The Japanese in the Second United Front , an event now known as the Xi'an Incident . Chinese resistance stiffened after 7 July 1937, when a clash occurred between Chinese and Japanese troops outside Beijing near the Marco Polo Bridge . This skirmish led to open, although undeclared, warfare between China and Japan. Shanghai fell after a three-month battle during which Japan suffered extensive casualties in both its army and navy. Nanjing fell in December 1937, which
12740-523: The Joint Declaration to have ceased any legal effect after the transfer of sovereignty, and that the central government's basic policies as elaborated in the document were a unilateral statement not actually binding. These statements are directly contradicted by the 50-year period of unchanged policies in Hong Kong that the central government committed to as part of the Joint Declaration. Former LegCo president and Standing Committee member Rita Fan has asserted that United Kingdom supervisory responsibility over
12936-486: The Joint Declaration's implementation lapsed when the Sino-British Joint Liaison Group disbanded in 2000. The United Kingdom, United States , and G7 maintain that the Joint Declaration remains valid and in force. The Foreign Office has labelled the Causeway Bay Books disappearances in 2015, enactment of the Hong Kong national security law in 2020, disqualification of opposition Legislative Council candidates in 2020, and electoral reform in 2021 as serious breaches of
13132-410: The KMT and the two parties cooperated to build a revolutionary base in Canton. Sun planned to use this base to launch a military campaign northwards and reunify the rest of China. Sun's death in 1925 precipitated a power struggle that eventually resulted in the rise of General Chiang Kai-shek to KMT chairmanship . Thanks to strategic alliances with warlords and help from Soviet military advisors, Chiang
13328-553: The KMT were offered 1,000 pounds . Yuan maintained power locally by sending generals to be provincial governors or by obtaining the allegiance of those already in power. When Yuan died, the parliament of 1913 was reconvened to give legitimacy to a new government. However, the real power passed to military leaders, leading to the warlord period. The impotent government still had its use; when World War I began, several Western powers and Japan wanted China to declare war on Germany, to liquidate German holdings in China. In February 1928,
13524-481: The KMT. These elections, though praised by at least one US observer, were poorly received by the Communist Party, which would soon start an open, armed insurrection. Before the Nationalist government was ousted from the mainland, the Republic of China had diplomatic relations with 59 countries , including Australia, Canada, Cuba , Czechoslovakia , Estonia , France , Germany , Guatemala , Honduras , Italy , Japan , Latvia , Lithuania , Norway , Panama , Siam ,
13720-648: The Law of Treaties codified these practices and established rules and guidelines for creating, amending, interpreting, and terminating treaties, and for resolving disputes and alleged breaches. Treaties are roughly analogous to contracts in that they establish the rights and binding obligations of the parties. They vary significantly in form, substance, and complexity and govern a wide variety of matters, such as security, trade, environment, and human rights. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). They may also be used to establish international institutions, such as
13916-427: The Law of Treaties and customary international law , treaties are not required to follow any standard form. Nevertheless, all valid treaties must comply with the legal principle of pacta sunt servanda (Latin: "agreements must be kept"), under which parties are committed to perform their duties and honor their agreements in good faith . A treaty may also be invalidated, and thus rendered unenforceable, if it violates
14112-491: The League of Nations, China wanted to see the unequal treaties revised. The ROC thought that by being in the League they could improve their international standing. Under the Charter of the United Nations , the Republic of China was entitled to a permanent seat on the UN Security Council (UNSC). Though multiple objections were raised that the seat belonged to the lawful government of China, which had to many become
14308-507: The Nanjing government nor the earlier Beiyang government succeeded in consolidating governance in rural China. In 1945, at the end of World War II , the Empire of Japan surrendered control of Taiwan and its island groups to the Allies ; and Taiwan was placed under the Republic of China's administrative control. The communist takeover of mainland China in 1949, after the Chinese Civil War, left
14504-475: The National Revolutionary Army. Chiang Kai-shek was appointed as the first chairman, a position he would retain until 1931. The Organic Law also stipulated that the Kuomintang, through its National Congress and Central Executive Committee, would exercise sovereign power during the period of "political tutelage", that the KMT's Political Council would guide and superintend the Nationalist Government in
14700-537: The New Territories lease while retaining sovereignty of the ceded areas. Although the UK had just successfully defended its hold on the Falkland Islands in a war against Argentina , Hong Kong's proximity to mainland China made a military defence of the territory impossible. Thatcher later recounted that Deng had told her directly "I could walk in and take the whole lot this afternoon", to which she replied, "There
14896-524: The Northern Expedition ruled the country as a one-party state under the Kuomintang, and subsequently received international recognition as the representative legitimate from China. The Nationalist government can also be referred as the Second Republic of China . While there was relative prosperity during the following ten years under Chiang Kai-shek, the ROC continued to be destabilized by
15092-587: The PRC even arguably prior to the official conclusion of the Chinese Civil War, the ROC retained the permanent seat reserved for China on the UNSC until 1971 when it was supplanted by the PRC. The Republic of China retained hereditary nobility like the Han Chinese nobles Duke Yansheng and Celestial Masters and Tusi chiefdoms like the Chiefdom of Mangshi , Chiefdom of Yongning , who continued possessing their titles in
15288-483: The People's Republic of China (PRC) while the ROC was forced to retreat to Taiwan and retains control over the " Taiwan Area "; the political status of Taiwan remains in dispute to this day. The Republic of China was officially proclaimed on 1 January 1912 by the revolutionaries and Sun Yat-sen , the first provisional president of the new republic, following the success of the Xinhai revolution. Puyi , who had reigned as
15484-548: The Red Army's Long March in 1934 led to more power for the central government, but there continued to be foot-dragging and even outright defiance, as in the Fujian Rebellion of 1933–1934. Reformers and critics pushed for democracy and human rights, but the task seemed difficult if not impossible. The nation was at war and divided between Communists and Nationalists. Corruption and lack of direction hindered reforms. Chiang told
15680-587: The Republic with his own imperial dynasty until popular unrest forced him to back down. When Yuan died in 1916, the country fragmented between the various local commanders of the Beiyang Army. This began the Warlord Era defined by decentralized conflicts between rival cliques. The most powerful of these cliques, notably the Zhili and Fengtian cliques , at times used their control of Beijing to assert claims to govern
15876-601: The Sino–British deal had prevented any of these changes to continue according to Jonathan Fenby of The Guardian . Wu Bangguo , the chairman of the National People's Congress Standing Committee stated in a conference in Beijing 2007, that "Hong Kong had considerable autonomy only because the central government had chosen to authorize that autonomy". The Chinese and Hong Kong governments have stated since 2014 that they consider
16072-515: The Soviets, the Chinese government sought assistance from Germany . According to Lloyd Eastman, Chiang Kai-shek was influenced by European fascist movements, and he launched the Blue shirts and the New Life Movement in imitation of them, in an effort to counter the growth of Mao's communism as well as resist both Western and Japanese imperialism. According to Stanley Payne , however, Chiang's KMT
16268-526: The State Council: "Our organization becomes worse and worse... many staff members just sit at their desks and gaze into space, others read newspapers and still others sleep." Few Chinese had any illusions about Japanese desires on China. Hungry for raw materials and pressed by a growing population, Japan initiated the seizure of Manchuria in September 1931, and established the former emperor Puyi as head of
16464-583: The Swiss ("on the one part") and the EU and its member states ("on the other part"). The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU and its member states. A multilateral treaty is concluded among several countries, establishing rights and obligations between each party and every other party. Multilateral treaties may be regional or may involve states across
16660-722: The US State and Treasury Departments determined to have materially contributed to Joint Declaration breaches. The list of sanctioned persons includes Chief Executive Carrie Lam , principal officials of the Hong Kong government , and members of the Standing Committee of the National People's Congress . In March 2024 the pro-Beijing legislature in Hong Kong fast-tracked Article 23, a new security law which introduces harsh new penalties such as life imprisonment for new offences such as external interference and insurrection. Critics claim
16856-404: The United Kingdom . Formal negotiations began in September 1982 with the arrival of British Prime Minister Margaret Thatcher and Hong Kong Governor Edward Youde in Beijing to meet with Chinese Premier Zhao Ziyang and paramount leader Deng Xiaoping . In the initial phase of negotiations from October 1982 to June 1983, the main point of contention was the issue of sovereignty. The goals of
17052-520: The United States over security guarantees and nuclear proliferation . The definition of the English word "treaty" varies depending on the legal and political context; in some jurisdictions, such as the United States, a treaty is specifically an international agreement that has been ratified, and thus made binding, per the procedures established under domestic law. While the Vienna Convention provides
17248-689: The United States, cartels governed humanitarian actions typically carried out by cartel ships were dispatched for missions, such as to carry communications or prisoners between belligerents . From the European history, a broader range of purposes is known. These "cartels" often reflected the cohesion of authoritarian ruling classes against their own unruly citizens. Generally, the European governments concluded - while curbing their mutual rivalries partially - cooperation agreements, which should apply generally or only in case of war: The measures against criminals and unruly citizens were to be conducted regardless of
17444-626: The West. In 1919, a student protest against the government's weak response to the Treaty of Versailles , considered unfair by Chinese intellectuals, led to the May Fourth movement , whose demonstrations were against the danger of spreading Western influence replacing Chinese culture. It was in this intellectual climate that Marxist thought began to spread. The Chinese Communist Party (CCP) was founded in 1921. After Sun's death in March 1925, Chiang Kai-shek became
17640-461: The White Paper that contained the Joint Declaration, it was declared by Her Majesty's Government that "the alternative to acceptance of the present agreement is to have no agreement", a statement meant as a rebuttal to criticisms that the declaration had made too many concessions to China, and hinting at China's significant leverage during the negotiations. Some political analysts thought that there
17836-630: The Xuantong Emperor of the Qing dynasty, abdicated on 12 February 1912. Sun Yat-sen, the ROC's founder and provisional president, served only briefly before handing over the presidency to Yuan Shikai , the leader of the Beiyang Army . Yuan quickly became authoritarian and used his military power to control the administration, which consequently became known as the " Beiyang government " (or the First Republic of China ). Yuan even attempted to replace
18032-417: The act will not assume international legality even if approved by internal law. This means that in case of a conflict with domestic law, international law will always prevail. A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under that state's domestic laws . States are reluctant to inquire into the internal affairs and processes of other states, and so
18228-405: The administration of Taiwan and Penghu Islands were handed over from Japan to China. After the end of the war, United States Marines were used to hold Beijing and Tianjin against a possible Soviet incursion, and logistic support was given to Kuomintang forces in north and northeast China. To further this end, on 30 September 1945 the 1st Marine Division , charged with maintaining security in
18424-557: The aftermath of World War II, civil war resumed between the areas liberated by the KMT and those liberated by the CCP. The CCP's People's Liberation Army began to gain upper hand in 1948 over a larger and better-armed Republic of China Armed Forces due to better military tactics and internal corruption of the ROC leadership. In 1949, the ROC repeatedly moved its capital to avoid the Communist advance—first to Guangzhou, followed by Chongqing , Chengdu , and lastly to Taipei . In October 1949,
18620-417: The allegiance of sections of the population. The United States aided the Nationalists with massive economic loans and weapons but no combat support. Belatedly, the Republic of China government sought to enlist popular support through internal reforms. However, the effort was in vain, because of rampant government corruption and the accompanying political and economic chaos. By late 1948 the Kuomintang position
18816-405: The area. However, as Germany , Japan , and Russia coerced China into granting concessions in the late 1890s, Britain considered another expansion of Hong Kong to bolster the colony's defence against attack from these other great powers . When France obtained a lease for Guangzhouwan , only 210 miles (340 km) away from Hong Kong, Britain entered into negotiations with the Qing to acquire
19012-513: The areas of the Shandong Peninsula and the eastern Hebei , arrived in China. In January 1946, through the mediation of the United States, a military truce between the Kuomintang and the Communists was arranged, but battles soon resumed. Public opinion of the administrative incompetence of the Nationalist government was incited by the Communists during the nationwide student protest against
19208-427: The colonial and new Chinese authorities were largely friendly and cooperative. While it was clear that the long-term goal of the communists was to absorb the territory, they chose to take no action on the issue in the near-term. The Chinese were content with the political status of the colony for the time being so long as no efforts were made to introduce democratic development in the territory; they were simply hostile to
19404-418: The colonial government, and two memoranda from each party describing transitional nationality arrangements for local residents. In the main text of the treaty, the Chinese government declared its intention to resume the exercise of its sovereignty over the entire area of Hong Kong (including the ceded areas of Hong Kong Island and Kowloon Peninsula , as well as the leased New Territories ) on 1 July 1997 and
19600-405: The colony's land still would have reverted to China at the conclusion of the New Territories lease. Because most of the territory's industry was developed there, separating the leased area and returning only that part of the colony to China was economically and logistically infeasible. Negotiations were stalled until Britain conceded that it would relinquish sovereignty over the entire territory. In
19796-544: The complicated nation-building process in China during his time, especially given the wide range of both domestic and foreign challenges it faced on many different concurrent fronts. Several major government institutions were founded during this period, including the Academia Sinica and the Central Bank of China . In 1932, China sent its first team to the Olympic Games . Campaigns were mounted and laws passed to promote
19992-434: The content of the treaty itself. Invalidation is separate from withdrawal, suspension, or termination (addressed above), which all involve an alteration in the consent of the parties of a previously valid treaty rather than the invalidation of that consent in the first place. Republic of China (1912%E2%80%931949) The Republic of China ( ROC ) began as a sovereign state in mainland China on 1 January 1912 following
20188-518: The country's foreign relations were among the most stable of those working in the government in terms of composition. The ROC was a non-permanent member of the League Council for the League of Nations being a non-permanent member of the League Council from: 1921–1923, 1926–1928, 1931–1932, 1934, and 1936. Although the ROC lobbied to be a permanent member of the League Council it never became one. At
20384-642: The country's official Chinese name. The name was derived from the language of the Tongmenghui 's 1905 party manifesto, which proclaimed that the four goals of the Chinese revolution were "to expel the Manchu rulers, revive China ( Zhōnghuá ), establish a people's state ( mínguó ), and distribute land equally among the people." On 15 July 1916, in his welcoming speech to the Cantonese delegates in Shanghai, Sun explained why
20580-445: The crash of the Hong Kong dollar 's value on Black Saturday in September 1983. The talks were entirely conducted without meaningful input from the people of Hong Kong. Early in the process, British officials had used the analogy of a "three-legged stool" to describe a scenario where Hong Kong was party to the negotiations with the United Kingdom and China. The Chinese government dismissed this idea, claiming that it already represented
20776-465: The dates on which the respective parties ratified the treaty and on which it came into effect for each party. Bilateral treaties are concluded between two states or entities. It is possible for a bilateral treaty to have more than two parties; for example, each of the bilateral treaties between Switzerland and the European Union (EU) has seventeen parties: The parties are divided into two groups,
20972-425: The deal. On 12 February 1912, regent Empress Dowager Longyu signed the abdication decree on behalf of Puyi, ending several millennia of monarchical rule. In 1913, elections were held for provincial assemblies, which would then chose delegates for a new National Assembly. The Kuomintang emerged as the formal political party that replaced the revolutionary organization Tongmenghui , and at the 1913 elections, it won
21168-418: The domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes. The division between the two is often unclear and subject to disagreements within a government, since a non-self-executing treaty cannot be acted on without the proper change in domestic law; if
21364-403: The election of pro-independence candidate Chen Shui-bian as Taiwan 's president, a senior mainland official in Hong Kong warned journalists not to report the news. Another senior official advised businessmen not to do business with pro-independence Taiwanese. With this and other changes, ten years after the return, in 2007, The Guardian wrote that on the one hand, "nothing has changed since
21560-489: The end of the treaty contains transitional nationality arrangements for local residents, which included a stipulation that a new nationality would be created for Hongkongers that did not confer right of abode in the United Kingdom . The Hong Kong Act 1985 created the British National (Overseas) status to fulfil this requirement. All British Dependent Territories citizens (BDTCs) connected with Hong Kong who did not have
21756-518: The entire Republic. Meanwhile, the nationalist KMT under Sun's leadership attempted multiple times to establish a rival national government in Guangzhou . Sun was finally able to take Guangzhou with the help of weapons, funding, and advisors from the Soviet Union . As a condition of Soviet support, the KMT formed the " First United Front " with the Chinese Communist Party. CCP members joined
21952-646: The execution of important national affairs, and that the Political Council has the power to interpret or amend the Organic Law. Shortly after the Second Sino-Japanese War, a long-delayed constitutional convention was summoned to meet in Nanjing in May 1946. Amidst heated debate, this convention adopted many constitutional amendments demanded by several parties, including the KMT and the Communist Party, into
22148-457: The existing structures of government and economy in place for as long as 50 years. Constitutional arrangements had already been made to implement this plan and the Chinese would not accept anything less than a full reversion of Hong Kong. During her first visit to Beijing, Thatcher asserted the continuing validity of British treaty rights for the sovereignty of Hong Kong. The British began negotiations believing that they could secure an extension of
22344-407: The form of " Government of Z "—are enumerated, along with the full names and titles of their plenipotentiary representatives; a boilerplate clause describes how each party's representatives have communicated (or exchanged) their "full powers" (i.e., the official documents appointing them to act on behalf of their respective high contracting party) and found them in good or proper form. However, under
22540-578: The form of a parallelism : an emperor's country is ruled by only one emperor ( 帝國是以皇帝一人為主 ), a people's country is ruled by all four hundred million people ( 民國是以 四萬萬 人為主 ). Both the " Beiyang government " (from 1912 to 1928), and the " Nationalist government " (from 1928 to 1949) used the name "Republic of China" as their official name. In Chinese, the official name was often shortened to Zhōngguó ( 中國 ; 'Middle Country'), Mínguó ( 民國 ; 'People's Country'), or Zhōnghuá ( 中華 ; 'Middle Huaxia '). The choice of
22736-552: The handover in 1997 and that the treaty is a historical document with no extant binding authority. The central government's primary regional agency, the Hong Kong Liaison Office , declared in April 2020 that it was exempt from Basic Law restrictions on mainland government interference in local affairs. Following China's imposition of national security legislation on Hong Kong in 2020, the UK extended residence rights and created
22932-416: The handover to China 10 years ago", but this was in comparison to the situation before the last governor Chris Patten had introduced democratic reforms three years before the handover. A chance for democracy had been lost as Hong Kong had just begun to develop three vital elements for a western-style democracy (the rule of law , official accountability and a political class outside the one-party system) but
23128-420: The idea of a potentially independent Hong Kong. In 1972, China successfully petitioned the United Nations to remove Hong Kong from its list of non-self-governing territories , and declared that the colony was a "Chinese territory under British administration". The United Kingdom did not raise any objections to this and the local population did not think the move was significant, but the implication of this change
23324-414: The immediate years following the transfer of sovereignty, Chinese oversight of Hong Kong was considered relatively benign and hands-off. Although the Chinese had reversed the last British democratic reforms for Legislative Council elections, general governance of the region was otherwise virtually unchanged. While most organisations with royal patronage dropped this association prior to the handover, there
23520-406: The interests of the people of Hong Kong. Local residents were apprehensive about the prospect of being handed over to Chinese rule and overwhelmingly preferred that Hong Kong remain a British territory; contemporary opinion polls show that 85 per cent of residents favoured this option. The Foreign Office rejected holding a general referendum on the future of the colony due to vehement opposition from
23716-436: The issue with Vice Premier Deng Xiaoping . MacLehose suggested setting aside the 1997 date for land leases and replacing those contracts with ones that were valid for as long as British administration continued in the colony. Deng rejected this suggestion, but he informed the governor that while sovereignty over Hong Kong belonged to China, the territory held a special status that would continue to be respected. MacLehose informed
23912-675: The land- and tax-reform measures favoring the peasants and, the spread of their organizational network, while the Kuomintang attempted to neutralize the spread of Communist influence. Meanwhile, northern China was infiltrated politically by Japanese politicians in Manchukuo using facilities such as the Manchukuo Imperial Palace . After its entry into the Pacific War during World War II, the United States became increasingly involved in Chinese affairs. As an ally, it embarked in late 1941 on
24108-531: The largest share of seats in both houses of the National Assembly and in some provincial assemblies. Song Jiaoren led the Kuomintang Party to electoral victories by fashioning his party's program to appeal to the gentry, landowners, and merchants. Song was assassinated on 20 March 1913, at the behest of Yuan Shikai. Yuan was elected president of the ROC in 1913. He ruled by military power and ignored
24304-487: The late 1970s, Hong Kong had become one of the largest trading ports and financial centres in the world. Local investors began expressing their concern in the mid-1970s over the long-term viability of continued real estate investment. The colonial government could not legally grant new land leases in the New Territories past 1997 and needed to resolve the uncertainty with the Chinese government. During an official visit to Beijing in March 1979, Governor Murray MacLehose raised
24500-550: The law further erodes the civil liberties that were enshrined in the Joint Declaration. Treaty A treaty is a formal, legally binding written agreement concluded by sovereign states in international law . International organizations can also be party to an international treaty. A treaty is binding under international law. A treaty may also be known as an international agreement , protocol , covenant , convention , pact , or exchange of letters , among other terms. However, only documents that are legally binding on
24696-528: The leader of the Kuomintang . In 1926, Chiang led the Northern Expedition with the intention of defeating the Beiyang warlords and unifying the country. Chiang received the help of the Soviet Union and the CCP. However, he soon dismissed his Soviet advisers, being convinced that they wanted to get rid of the KMT and take control. Chiang decided to purge the Communists, massacring thousands in Shanghai . At
24892-400: The legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification, i.e., "a party cannot add a reservation after it has already joined a treaty". Article 19 of the Vienna Convention on the law of Treaties in 1969. Originally, international law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted
25088-404: The legal obligations of states, one party to the original treaty and one party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of
25284-434: The legal obligations under the treaty. Minor corrections to a treaty may be adopted by a procès-verbal ; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e., where the text adopted does not correctly reflect the intention of the parties adopting it. In international law and international relations, a protocol is generally a treaty or international agreement that supplements
25480-467: The long war with Japan and in-fighting among various generals. They were also losing the propaganda war to the Communists, with a population weary of Kuomintang corruption and yearning for peace. In January 1949, Beiping was taken by the Communists without a fight, and its name changed back to Beijing. Following the capture of Nanjing on 23 April, major cities passed from Kuomintang to Communist control with minimal resistance, through November. In most cases
25676-445: The meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself. One significant part of treaty-making is that signing a treaty implies a recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law. Hence, nations can be very careful about terming an agreement to be
25872-470: The mishandling of the Shen Chong rape case in early 1947 and during another national protest against monetary reforms later that year. The United States—realizing that no American efforts short of large-scale armed intervention could stop the coming war—withdrew Gen. George Marshall's American mission . Thereafter, the Chinese Civil War became more widespread; battles raged not only for territories but also for
26068-434: The nationality and origin of the relevant persons. If necessary, national borders could be crossed by police forces of the respective neighboring country for capture and arrest . In the course of the 19th century, the term "cartel" (or "Cartell") gradually disappeared for intergovernmental agreements under international law. Instead, the term "convention" was used. An otherwise valid and agreed upon treaty may be rejected as
26264-411: The negotiations, if the other parties to the treaty were notified of those restrictions prior to his or her signing. Articles 46–53 of the Vienna Convention on the Law of Treaties set out the only ways that treaties can be invalidated—considered unenforceable and void under international law. A treaty will be invalidated due to either the circumstances by which a state party joined the treaty or due to
26460-588: The official legal procedures of the United Nations, as applied by the Office of Legal Affairs , including signature, ratification and entry into force . In function and effectiveness, the UN has been compared to the United States federal government under the Articles of Confederation . Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify
26656-408: The option to accept those reservations, object to them, or object and oppose them. If the state accepts them (or fails to act at all), both the reserving state and the accepting state are relieved of the reserved legal obligation as concerns their legal obligations to each other (accepting the reservation does not change the accepting state's legal obligations as concerns other parties to the treaty). If
26852-415: The parties are considered treaties under international law. Treaties vary in their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations ; the first known example
27048-457: The people. Later on 20 October 1923, at a national conference for youths in Guangzhou, to explain the core idea behind mínguó ( 民國 ; 'people's country'), he pithily compared the phrase "Empire of China" ( 中華帝國 ; Zhōnghuá Dìguó ; 'Chinese Emperor's Country') to "Republic of China" ( 中華民國 ; Zhōnghuá Mínguó ; 'Chinese People's Country') in
27244-539: The plan was never brought to the Chinese government before Weihaiwei was transferred to the Republic of China in 1930. Alternate plans that involved offering China a substantial loan and settling land disputes on the Burmese border were suggested, but these ideas similarly did not progress past discussion. The start of the Second World War and ensuing Japanese occupation of Hong Kong stifled further debate on obtaining
27440-476: The provincial system; however, this move angered the gentry along with the provincial governors, who were usually military men. Yuan's changes to government caused many provinces to declare independence and become warlord states. Increasingly unpopular and deserted by his supporters, Yuan abdicated in 1916 and died of natural causes shortly thereafter. China then declined into a period of warlordism. Sun, having been forced into exile, returned to Guangdong in
27636-498: The public that further investment would be safe. Market reaction was optimistic; stock valuations rose and further investment in real estate boosted the value of Hong Kong's land to the highest in the world. Just before the start of formal negotiations with China over Hong Kong, Parliament enacted a major reform of British nationality law – the British Nationality Act 1981 . Prior to the passage of this Act, all citizens of
27832-464: The puppet state of Manchukuo in 1932. The loss of Manchuria, and its potential for industrial development and war industries, was a blow to the Kuomintang economy. The League of Nations , established at the end of World War I, was unable to act in the face of Japanese defiance. The Japanese began to push south of the Great Wall into northern China and the coastal provinces. Chinese fury against Japan
28028-473: The republic was based on mainland China. Central authority waxed and waned in response to warlordism (1915–1928), a Japanese invasion (1937–1945), and a full-scale civil war (1927–1949), with central authority strongest during the Nanjing Decade (1927–1937), when most of China came under the control of the authoritarian, one-party military dictatorship of the nationalist Kuomintang party (KMT). Neither
28224-474: The republican institutions established by his predecessor, threatening to execute Senate members who disagreed with his decisions. He soon dissolved the ruling Kuomintang (KMT) party, banned "secret organizations" (which implicitly included the KMT), and ignored the provisional constitution. Ultimately, Yuan declared himself Emperor of China in 1915. The new ruler of China tried to increase centralization by abolishing
28420-409: The reserving state is a party to the treaty at all. There are three ways an existing treaty can be amended. First, a formal amendment requires State parties to the treaty to go through the ratification process all over again. The re- negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining
28616-476: The rights of women. In the 1931 Civil Code, women were given equal inheritance rights, banned forced marriage and gave women the right to control their own money and initiate divorce. No nationally unified women's movement could organize until China was unified under the Kuomintang Government in Nanjing in 1928; women's suffrage was finally included in the new Constitution of 1936, although the constitution
28812-548: The rival Kuomintang and Communists, to make for a more effective anti-Japanese war effort. In December 1943, the Chinese Exclusion Acts of the 1880s, and subsequent laws, enacted by the United States Congress to restrict Chinese immigration into the United States were repealed. The wartime policy of the United States was meant to help China become a strong ally and a stabilizing force in postwar East Asia. During
29008-669: The role of the Joint Liaison Group . British negotiators and Hong Kong Executive Council members wanted to ensure the continued status of Hongkongers as British Dependent Territories citizens (BDTCs) after the transfer of sovereignty, but the Chinese would not allow this and even demanded that further granting of BDTC status be halted immediately. Although there were debates in the British Parliament on granting all residents British Overseas citizenship that could be transferred to children for up to two generations after 1997, this
29204-405: The ruling Kuomintang with control over only Taiwan, Penghu, Kinmen, Matsu, and other minor islands . With the loss of the mainland, the ROC government retreated to Taiwan and the KMT declared Taipei the provisional capital . Meanwhile, the CCP took over all of mainland China and founded the People's Republic of China (PRC) in Beijing. In 1912, after over two thousand years of dynastic rule,
29400-456: The same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now generally permitted to the extent that they are not inconsistent with the goals and purposes of the treaty. When a state limits its treaty obligations through reservations, other states party to that treaty have
29596-546: The same time, other violent conflicts were taking place in China: in the South, where the CCP had superior numbers, Nationalist supporters were being massacred. Chiang Kai-shek pushed the CCP into the interior and established a government, with Nanjing as its capital, in 1927. By 1928, Chiang's army overthrew the Beiyang government and unified the entire nation, at least nominally, beginning
29792-412: The second phase of negotiations, the British attempted to negotiate an extension of their administration in Hong Kong past 1997 in exchange for their acknowledgement of Chinese sovereignty. This was again soundly rejected by the Chinese as unacceptable. The continued stalled state of negotiations precipitated a drop in investor confidence, causing a sharp decline in local property values that culminated with
29988-484: The south in 1917 and 1922, with the help of warlords, and set up successive rival governments to the Beiyang government in Beijing, having re-established the KMT in October 1919. Sun's dream was to unify China by launching an expedition against the north. However, he lacked the military support and funding to turn it into a reality. Meanwhile, the Beiyang government struggled to hold onto power, and an open and wide-ranging debate evolved regarding how China should confront
30184-607: The special administrative region, which is given a "high degree of autonomy" in exercising those powers in all areas except for defence and diplomatic affairs. The region retains the ability to maintain separate economic and cultural relations with foreign nations. Socialism as practised in mainland China would not be extended to Hong Kong and the territory's capitalist economy and the civil liberties of its residents (such as freedom of speech, assembly, and religion) would be protected and remain unchanged for 50 years. The territory would be allowed to maintain its separate financial markets;
30380-410: The state opposes, the parts of the treaty affected by the reservation drop out completely and no longer create any legal obligations on the reserving and accepting state, again only as concerns each other. Finally, if the state objects and opposes, there are no legal obligations under that treaty between those two state parties whatsoever. The objecting and opposing state essentially refuses to acknowledge
30576-416: The substance of the parties' actual agreement. Each article heading usually encompasses a paragraph. A long treaty may further group articles under chapter headings. Modern treaties, regardless of subject matter, usually contain articles governing where the final authentic copies of the treaty will be deposited and how any subsequent disputes as to their interpretation will be peacefully resolved. The end of
30772-585: The surrounding countryside and small towns had come under Communist influence long before the cities. Finally, on 1 October 1949, Communists led by Mao Zedong founded the People's Republic of China . Chiang Kai-shek declared martial law in May 1949, whilst a few hundred thousand Nationalist troops and two million refugees, predominantly from the government and business community, fled from mainland China to Taiwan. There remained in China itself only isolated pockets of resistance. On 7 December 1949, Chiang proclaimed Taipei
30968-522: The temporary capital of the Republic of China. During the Chinese Civil War both the Nationalists and Communists carried out mass atrocities, with millions of non-combatants killed by both sides. Benjamin Valentino has estimated atrocities in the civil war resulted in the death of between 1.8 million and 3.5 million people between 1927 and 1949, including deaths from forced conscription and massacres. The first Republic of China national government
31164-526: The term mínguó ( 民國 ; 'people's country') was chosen over the Japanese-derived gònghéguó ( 共和國 ). He associated the label gònghé ( 共和 ) with the limiting and authoritarianism-prone Euro-American models of representative republicanism. What he strived for was a more grass-roots model, which he termed zhíjiē mínquán ( 直接民權 ; ' direct people's rights '), and which he thought would allow more checks and balances by
31360-585: The term mínguó ( 民國 ; 'people's country'; "republic") in 1912, as well as its similar semantic formation to dìguó ( 帝國 ; 'emperor's country'; "empire"), may have influenced the choice of the Korean term minguk ( 민국/民國 ) by the Provisional Government of the Republic of Korea (founded in 1919 within the Republic of China), which replaced Daehan Jeguk ( 대한제국/大韓帝國 ) with Daehan Minguk ( 대한민국/大韓民國 ). Today,
31556-679: The terms of the treaty and its travaux preparatory. It has, for example, been held that it is not possible to withdraw from the International Covenant on Civil and Political Rights . When North Korea declared its intention to do this the Secretary-General of the United Nations, acting as registrar, said that original signatories of the ICCPR had not overlooked the possibility of explicitly providing for withdrawal, but rather had deliberately intended not to provide for it. Consequently, withdrawal
31752-425: The territory that would be self-governing with a high degree of autonomy, except in foreign affairs and defence. Hong Kong would maintain its existing governing and economic systems separate from that of mainland China under the principle of " one country, two systems ". This blueprint would be elaborated on in the Hong Kong Basic Law (the post-handover regional constitution) and the central government's policies for
31948-404: The territory were to remain unchanged for a period of 50 years after 1997. China has stated since 2014 that it considers the treaty to be spent with no further legal effect, while the United Kingdom maintains that the document remains binding in operation. Following China's 2020 imposition of national security legislation on Hong Kong and a 2021 National People's Congress decision to approve
32144-499: The treaty came into force when instruments of ratification were exchanged on 27 May 1985 and was registered at the United Nations by both governments on 12 June 1985. The Joint Declaration consists of its main text, Annex I elaborating the Chinese government's basic policies for Hong Kong, Annex II concerning plans for the Sino–British Joint Liaison Group , Annex III explaining protections for land leases granted by
32340-434: The treaty dealt with the validity of land leases granted by the colonial Hong Kong government. All existing land lease contracts continue to be recognised by the post-handover SAR government. All leases without options of renewal that expired before 30 June 1997 could be extended for periods lasting no later than 30 June 2047. New leases granted by the colonial government after the treaty came into force could last no longer than
32536-468: The treaty elaborates on the Chinese government's basic policies for Hong Kong. There are 14 policies listed in Annex I, providing a framework under which the post-handover government would be established. This part of the Joint Declaration provides for economic and administrative continuity through the transfer of sovereignty. Executive, legislative, and judicial powers would be devolved by the central government to
32732-439: The treaty is automatically terminated if certain defined conditions are met. Some treaties are intended by the parties to be only temporarily binding and are set to expire on a given date. Other treaties may self-terminate if the treaty is meant to exist only under certain conditions. A party may claim that a treaty should be terminated, even absent an express provision, if there has been a fundamental change in circumstances. Such
32928-593: The treaty itself. A treaty breach does not automatically suspend or terminate treaty relations, however. It depends on how the other parties regard the breach and how they resolve to respond to it. Sometimes treaties will provide for the seriousness of a breach to be determined by a tribunal or other independent arbiter. An advantage of such an arbiter is that it prevents a party from prematurely and perhaps wrongfully suspending or terminating its own obligations due to another's an alleged material breach. Treaties sometimes include provisions for self-termination, meaning that
33124-562: The treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding another clause to the treaty – this is commonly called an "authentic interpretation". International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish
33320-411: The treaty, such a process may result in financial penalties or other enforcement action. Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification ("denunciation"). For example,
33516-447: The treaty. Multilateral treaties typically continue even after the withdrawal of one member, unless the terms of the treaty or mutual agreement causes its termination. If a party has materially violated or breached its treaty obligations, the other parties may invoke this breach as grounds for temporarily suspending their obligations to that party under the treaty. A material breach may also be invoked as grounds for permanently terminating
33712-445: The treaty. Since 2021, the UK has considered China to be in a "state of ongoing non-compliance" with the Joint Declaration. China disregards accusations of Joint Declaration breaches as foreign interference and neocolonist tampering, and considers Hong Kong matters to be part of its internal affairs. Chinese foreign ministry spokespersons have repeatedly stated that the United Kingdom lacks supervisory authority over Hong Kong following
33908-456: The twenty-sixth day of June, one thousand nine hundred and forty-five". If applicable, a treaty will note that it is executed in multiple copies in different languages, with a stipulation that the versions in different languages are equally authentic. The signatures of the parties' representatives follow at the very end. When the text of a treaty is later reprinted, such as in a collection of treaties currently in effect, an editor will often append
34104-676: The war, China was one of the Big Four Allies, and later one of the Four Policemen , which was a precursor to China having a permanent seat on the United Nations Security Council . In August 1945, with American help, Nationalist troops moved to take the Japanese surrender in North China. The Soviet Union—encouraged to invade Manchuria to hasten the end of the war and allowed a Soviet sphere of influence there as agreed to at
34300-399: The withdrawing Japanese army. In 1945, after the end of the war, the Nationalist Government moved back to Nanjing. The Republic of China emerged from the war nominally a great military power but actually a nation economically prostrate and on the verge of all-out civil war. The problems of rehabilitating the formerly Japanese-occupied areas and of reconstructing the nation from the ravages of
34496-403: The world, but it is not clear that the group possessed the full qualities of an intrinsic fascist movement....The Blue Shirts probably had some affinity with and for fascism, a common feature of nationalisms in crisis during the 1930s, but it is doubtful that they represented any clear-cut Asian variant of fascism." Still other historians have noted that Chiang and the KMT's exact ideology itself
34692-457: The world. Treaties of "mutual guarantee" are international compacts, e.g., the Treaty of Locarno which guarantees each signatory against attack from another. The United Nations has extensive power to convene states to enact large-scale multilateral treaties and has experience doing so. Under the United Nations Charter , which is itself a treaty, treaties must be registered with the UN to be invoked before it, or enforced in its judiciary organ,
34888-405: The yuans reported to the National Assembly, which represented the will of the citizens. Under the new constitution the first elections for the National Assembly occurred in January 1948, and the assembly was summoned to meet in March 1948. It elected the president of the republic on 21 March 1948, formally bringing an end to the KMT party rule started in 1928, although the president was a member of
35084-468: Was "normally classified as a multi-class populist or 'nation-building' party but not a fitting candidate for fascism (except by old-line Communists)." He also stated that, "Lloyd Eastman has called the Blue Shirts, whose members admired European fascism and were influenced by it, a Chinese fascist organization. This is probably an exaggeration. The Blue Shirts certainly exhibited some of the characteristics of fascism, as did many nationalist organizations around
35280-417: Was able to lead a successful " Northern Expedition " from 1926 to 1928. By 1927, Chiang felt secure enough to end the alliance with the Soviet Union and purged the Communists from the KMT. In 1928, the last major independent warlord pledged allegiance to the KMT's Nationalist government in Nanjing. China was then nominally reunified in 1928 by the Nanking -based government led by Chiang Kai-shek, who after
35476-440: Was an urgency to make an agreement because there were fears that without a treaty the economy in Hong Kong would collapse in the 1980s. Concerns about land ownership in the leased New Territories also added to the problem. Although discussions on the future of Hong Kong had started in the late 1970s, the final timing of the Joint Declaration was more affected by property and economic factors rather than geopolitical necessities. In
35672-452: Was bleak. The demoralized and undisciplined National Revolutionary Army proved to be no match for the Communists' motivated and disciplined People's Liberation Army . The Communists were well established in the north and northeast. Although the Kuomintang had an advantage in numbers of men and weapons, controlled a much larger territory and population than their adversaries, and enjoyed considerable international support, they were exhausted by
35868-419: Was created in June 1984 to draft the text of the treaty and its annexes. This was completed in three months, and on 26 September 1984, a draft copy of the Joint Declaration was initialed by British Ambassador to China Richard Evans and Chinese Vice Foreign Minister Zhou Nan . The final version was signed on 19 December 1984 by Prime Minister Thatcher and Premier Zhao in the Great Hall of the People in Beijing;
36064-418: Was established on 1 January 1912, in Nanjing, with a constitution stating Three Principles of the People , which state that "[the ROC] shall be a democratic republic of the people, to be governed by the people and for the people." Sun Yat-sen was the provisional president. Delegates from the provinces sent to confirm the government's authority formed the first parliament in 1913. The power of this government
36260-429: Was expanded on two occasions; first in 1860 with the addition of Kowloon Peninsula and Stonecutters Island , and again in 1898 when Britain obtained a 99-year lease for the New Territories . The date of the handover in 1997 marked the end of this lease. The Chinese government declared in the treaty its basic policies for governing Hong Kong after the transfer. A special administrative region would be established in
36456-470: Was followed by mass murders and rapes known as the Nanjing Massacre . The national capital was briefly at Wuhan , then removed in an epic retreat to Chongqing, the seat of government until 1945. In 1940, the Japanese set up the collaborationist Wang Jingwei regime , with its capital in Nanjing, which proclaimed itself the legitimate "Republic of China" in opposition to Chiang Kai-shek's government, although its claims were significantly hampered due to its being
36652-444: Was limited, with generals controlling both the central and northern provinces of China , and short-lived. The number of acts passed by the government was few and included the formal abdication of the Qing dynasty and some economic initiatives. The parliament's authority soon became nominal: violations of the Constitution by Yuan were met with half-hearted motions of censure. Kuomintang members of parliament who gave up their membership in
36848-444: Was no strict requirement for renaming; the Royal Hong Kong Yacht Club and Royal Asiatic Society Hong Kong Branch maintain the "Royal" prefix in their names. Colonial-era street names and postbox royal cyphers are not actively removed by the government and remain unchanged. After the Asian financial crisis in 1997 the Hong Kong measures were taken with the full co-operation of the Central Chinese government. This did not mean that
37044-416: Was not implemented and the Joint Declaration instead provided for a new status to be created. The Chinese initially wanted the Joint Liaison Group to act as an oversight committee during the transition period of administering Hong Kong up to the handover date. At the insistence of Governor Youde and Executive Council members, the group was limited in its scope to be strictly advisory. A bilateral working group
37240-413: Was not implemented until 1947. Addressing social problems, especially in remote villages, was aided by improved communications. The Rural Reconstruction Movement was one of many that took advantage of the new freedom to raise social consciousness. The Nationalist government published a draft constitution on 5 May 1936. Continual wars plagued the government. Those in the western border regions included
37436-434: Was not possible. In practice, states sometimes use their sovereignty to declare their withdrawal from and stop following the terms of a treaty even if this violates the terms of the treaty. Other parties may accept this outcome, may consider the state to be untrustworthy in future dealings, or may retaliate with sanctions or military action. Withdrawal by one party from a bilateral treaty is typically considered to terminate
37632-414: Was officially inaugurated and pledged "to overthrow the despotic government led by the Manchu, consolidate the Republic of China and plan for the welfare of the people". Sun's new government lacked military strength. As a compromise, he negotiated with Yuan Shikai the commander of the Beiyang Army , promising Yuan the presidency of the republic if he were to remove the Qing emperor by force. Yuan agreed to
37828-421: Was predictable, but anger was also directed against Chiang and the Nanjing government, which at the time was more preoccupied with anti-Communist extermination campaigns than with resisting the Japanese invaders. The importance of "internal unity before external danger" was forcefully brought home in December 1936, when Chiang Kai-shek was kidnapped by Zhang Xueliang and forced to ally with the Communists against
38024-411: Was strictly intended to be a channel of close communication for both parties and did not have authority to supervise or participate in the administration of the territory. The Joint Liaison Group was given two specific objectives during the period between its establishment and the transfer of sovereignty. In the first half of this period, it would consider actions necessary to maintain Hong Kong's status as
38220-477: Was that Communist China alone would determine the territory's future, excluding the people of Hong Kong. Post-war Hong Kong experienced rapid economic growth through the 1950s as it industrialised into a manufacturing-based export economy. This development continued through the following decades bolstered by a strong trading network, robust banking and financial systems, and an educated and growing workforce supplemented by continuing immigration from mainland China. As
38416-555: Was very complex and oscillated over time, with different factions of his government cooperating with both the Soviets and Germans as they saw fit, and that Chiang eventually became disillusioned with the Blue Shirts, which officially disbanded by 1938, something Payne also mentions as "possibly because of competition with the KMT itself." Some have also noted that in contrast to older historians from decades ago, Chiang's efforts have been increasingly seen by newer Western and Chinese historians alike as an arguably necessary if austere part of
#38961