In a bizarre 5-0 ruling that was 20 years in the making, the Supreme Court on Tuesday rejected a lawsuit filed by the Taipei government against students living in a Kyoto dormitory. Forty years have passed since the lawsuit was filed. One cannot avoid the impression that the top court delayed the decision because it feared causing a political impact on relations among Japan, China and Taiwan.
In April 1945, Kyoto University set up Kokaryo dormitory for Chinese students after leasing it from a company. In December 1952, the Taipei government purchased the dormitory. In September 1967, Taipei filed a lawsuit seeking a court order to evict pro-Beijing students from the dorm.
While the case was proceeding, Japan and China issued a joint statement to establish diplomatic relations in September 1972. Japan thus switched its diplomatic recognition from Taipei to Beijing. In September 1977, the Kyoto District Court ruled against Taipei in the case. But after twists and turns, the Osaka High Court, in a second retrial, ruled in February 1987 that the change in diplomatic recognition neither deprived Taipei of the right to file the lawsuit nor effected a transfer in the dormitory's ownership from Taipei to Beijing.