Research on Taiwan's Position as a US Insular Area
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![]() ![]() ![]() TAIWAN AUTONOMY ALLIANCE ![]() The Framework for the Research of the Taiwan Autonomy Alliance After doing a full review of the past sixty years of Taiwan's history, it quickly becomes apparent that many researchers are overlooking a number of important considerations. ![]() ![]() Washington, D.C. plus Fifty States plus Six Major Overseas Territories ![]() The legal basis for recognizing Taiwanese persons as having ROC citizenship is open to serious doubt, and it may be true that the ROC on Taiwan does not have anything which can be called a "permanent population." ![]() A more detailed determination of Taiwan's international position is obtained by comparison with Cuba in the 1898 to 1902 period ![]() The historical situations of Cuba and Taiwan are similar in many ways ![]() Analysis of three US Supreme Court cases from 1901 actually sheds much light on the complexities of Taiwan's current legal position ![]() For over thirty years, US Commander in Chief has been the ringmaster of a three-ring circus called the "One China Policy." ![]() One of the Few Unresolved Territories From the Post WWII Era ![]() A quick orientation to the basic facts regarding Taiwan's post WWII legal status ![]() Overseas territory may be acquired in many ways, but any peace treaty cession after 1898 involves the doctrine of "unincorporated territory" ![]() Clauses regarding territorial cession, reparation provisions, etc. are not affected by a war or by subsequent cancellation of a treaty ![]() Under the US Constitution, the recognition of "foreign regimes" is a power reserved for the Commander in Chief alone ![]() After the Spanish American War the United States "acquired" four overseas territories, and after WWII it appears that Taiwan was "acquired" in quite a similar manner ![]() A viable scenario is available for Taiwan to achieve name rectification and a new constitution while maintaining peace and harmony in the Taiwan Strait ![]() Guam achieved name rectification with a legislative act passed by the US Congress, Taiwan could certainly do the same ![]() Dozens of US Supreme Court cases support the contention that territory acquired by conquest is legally under the dominion of the conqueror ![]() The USA made three major mistakes in the handling of Taiwanese affairs in the post WWII period ![]() Many US Supreme Court decisions are of excellent reference value for discussing the Taiwan status ![]() An overview of cession, flag, allegiance, military government, interim status, US Constitution, annexation, and related topics ![]() An overview of cession, flag, allegiance, military government, interim status, US Constitution, annexation, and related topics ![]() Although Taiwan fully appears to meet the requirements for being a sovereign country, in fact it falls short in several aspects ![]() A careful reading of the San Francisco Peace Treaty actually does reveal the complete specifications of Taiwan's international legal position ![]() Different scenarios for the military occupation of Iwo Jima illustrate the true reasons why Taiwan is not accepted as a sovereign nation by the international community ![]() The misunderstanding of the legal significance of the "surrender of Japanese troops" in Taipei is the source of most problems which Taiwan faces in the present era ![]() Putting the events of October 25, 1945, in their proper perspective, the correctness of the One China Policy quickly becomes apparent, while at the same time Taiwan remains separate from the PRC ![]() A determination of Taiwan's international position is quickly obtained based on the findings in the US v. Tiede ruling ![]() Commonly used terminology for discussing Taiwanese politics, territorial sovereignty, the laws of war, Taiwan's international legal status, etc. ![]() The military government of the principal occupying power does not end with the coming into force of the peace treaty, but continues until supplanted by some other legal arrangement ![]() The change of sovereignty for these five territorial cessions can be fully described with an identical legal framework ![]() Cession by Conquest followed by Cession by Treaty in the post-1898 world ![]() After late April 1952, there is no legal basis for the ROC flag to be flying over Taiwan ![]() Charts and Diagrams
![]() This listing of important historical events over the last 120 years provides a basis for the composition of many types of analytical models regarding Taiwanese legal matters. ![]() A comparison of the historical and legal claims over Taiwan by Japan, PRC, ROC, and the USA (USMG) ![]() A comparison of the views of the United Nations, the US State Dept., international legal scholars, etc. regarding the sovereignty of Taiwan and the allegiance of native Taiwanese persons ![]() Analysis of relevant US Supreme Court cases shows the existence of Type 1, Type 2, and Type 3 aliens under US law, and in fact the latter two qualify for some sort of identification documents issued by the US authorities ![]() In regard to territorial cessions which are the result of war, a very comprehensive discussion may be made with the help of a simple line drawing ![]() Sovereignty never ceases to exist, and the location of Taiwan's sovereignty can be plotted on a simple timeline ![]() Diagrams showing the relationship between the ROC and USMG, with an analysis of Taiwan's international legal status ![]() International Treaty Law, Inter-relationship of Post WWII Administrative Authority, and other details clarifying the Taiwan status ![]() An analysis beginning with General Order No. 1 of Sep. 2, 1945 ![]() An Analysis of Spanish American War and WWII in the Pacific cessions Published Articles ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Links ![]() The Federal Register for 2005 contains important information about the status of Taiwan ![]() US Army Field Manual FM 27-10 contains the principal offenses under the laws of war recognized by the United States ![]() Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War covers all individuals who do not belong to the armed forces, take no part in the hostilities and find themselves in the hands of the enemy or an occupying power ![]() Shortly after the signing of the Instrument of Surrender in Tokyo Bay, General of the Army Douglas MacArthur, Supreme Commander for the Allied Powers, issued his General Order no. 1, which was transmitted to Japanese forces by the Imperial General Headquarters. The enclosure is the final form approved by the President of the United States on 17 August 1945 and issued by the Imperial General Headquarters on 2 September 1945. ![]() The Hague Conventions are international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and 1907, and constitute formal statements regarding the laws of war and war crimes ![]() The Members of the House Committee on Resources are in charge of the Insular Affairs of the United States ![]() The laws of occupation are subset of the customary laws of warfare of the post-Napoleonic period ![]() The Montevideo Convention on Rights and Duties of States offers a defintion of "the state as a person of international law," but is incomplete because it totally ignores the complications of (1) military occupation, (2) governments in exile, or (3) limbo cessions in peace treaties, etc. ![]() As a Senate-ratified international treaty, the San Francisco Peace Treaty's position under US law is on the same level as that of the US Constitution, which is "the supreme law of the land" ![]() The "Treaty of Taipei" is a subsidiary peace treaty drafted under the authority of the San Francisco Peace Treaty ![]() The United States Constitution, ratified in 1789, was influenced by the British constitutional system, and has become a benchmark for republican and codified constitutions written thereafter ![]() Contemporary constitutional law casebooks or treatises typically have no mention at all of the US Supreme Court's Insular Cases and the origin of the doctrine of unincorporated territory Book Introductions ![]() ![]() ![]() ![]() Petitioning ![]() 46th District Of California, Member of the U.S. House of Representatives ![]() Chairwoman of the Subcommittee on Insular Affairs, House of Representatives ![]() Sample Petition Letter to a Member of Congress |