Cuba

Flowchart Analysis of the Transfer of Sovereignty

and the Road to Self-Autonomy

BASED ON THE LAW OF NATIONS  

introduction

  Spanish American War Ends

Surrender by Spanish Forces on Cuba: July 17, 1898

(Cession by Conquest.)

Beginning of Belligerent Occupation

Occupation by US military forces.  Junior partners: N/A.  United States Military Government (USMG) is the principal occupational authority. 

US Supreme Court, Ex
parte Milligan (1866) defines the authority for the establishment of USMG.

This step has been completed.

Treaty of Paris, Dec. 10, 1898

Article 1

Spain relinquishes all claim of sovereignty over and title to Cuba. And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.

(US Senate ratification: February 6, 1899)

(Cession by Treaty.)  The Treaty of Paris is available in English and Spanish versions.  

name: Cuba cession


This Insular Law (Colonial) status is also called "Interim Status." 

According to the Insular Cases of the US Supreme Court, where USMG is the principal occupational authority, cession by treaty is "US unincorporated territory" by default.

This step has been completed.

Beginning of Friendly Occupation, Feb. 6, 1899.

Civil Affairs Administration of a Military Government, which is USMG.

This step has been completed.

Appointment of US Nationality Military Governor or civilian High Commissioner: Doctor Leonard Wood, John Brooke.

The US nationality Military Governor or civilian High Commissioner oversees the Civil Affairs Administration.

This step has been completed.

Adoption of a flag and flag etiquette by "island citizens"

Symbol of the autonomous area.

This step has been completed.

Constitutional Convention by "island citizens".  

Constitution promulgated.

The drafting and promulgation of organic law for Cuba.

This step has been completed.

Election of President by "island citizens".

Election of Representatives (Legislature) by "island citizens".  

Executive Branch organized by representatives of the "island citizens".  

Judiciary organized by representatives of the "island citizens".

Leaders determined.  Judiciary organized.

This step has been completed.

Scenario Formulation for Autonomy:

(1) Commonwealth, FAS, etc. of the United States

(2) Republic of Cuba

(3) SAR of ___________

All options are open for future finalization of status.  SAR Examples: (Pick one) Mexico, Venezuela, Colombia, etc.

This step has been completed.

Choice of Scenario Formulation or Goal of Final Status:

Republic of Cuba

After consideration of all possible scenarios, the choice of statehood in the international community is chosen.

This step has been completed.

End of USMG occupation by proclamation: May 20, 1902.

Military government continues until legally supplanted.

This step has been completed.

Confirmation of Autonomy

variable  defacto  dejure
 defined territory   Yes   Yes
 permanent population   Yes   Yes
 government   Yes   Yes
 independence for action   Yes   Yes
         Transfer or formation of juridical person: Yes

Conclusion as of May 20, 1902
  Name: Republic of Cuba
  International Law Determination: Sovereign Nation
  Independence Day: May 20
  Nationality of Populace: Rep. of Cuba citizens
  Status: Final Status
  Allegiance of Island Citizens: Republic of Cuba
  Flag of the Final Status: Flag of the Republic of Cuba
  National Anthem of the Final Status: La Bayamesa
  Language: Spanish
  Romanization (orthography): abc's
  Weights & Measures: N/A
  Constitution: Cuba Constitution
  Income Tax Liability: to Government of Cuba
  

Stability Index (100 year timeline): Very Poor


Taiwan

 

Flowchart Analysis of the Transfer of Sovereignty

and the Road to Self-Autonomy

BASED ON THE LAW OF NATIONS  

introduction

World War II Ends

Surrender by Japanese Forces on USS Missouri  

Supreme Commander: General Douglas MacArthur

Surrender by Japanese Forces on Taiwan: October 25, 1945

(Cession by Conquest.)

Beginning of Belligerent Occupation

As junior partners in the occupation, ROC military forces accept surrender of Japanese forces in Taiwan.  United States Military Government (USMG) is the principal occupying power.

 


US Supreme Court, Ex parte Milligan (1866) defines the authority for the establishment of USMG, also see Birkhimer and FM 27-10.

This step has been completed.

qualifies as "independent customs territory"

San Francisco Peace Treaty, Sept. 8, 1951

Article 2b

Japan renounces all right, title and claim to Formosa and the Pescadores.

(US Senate ratification: April 28, 1952)

(Cession by Treaty.)  The SFPT is available in English, Chinese, and Japanese versions.

Name: Taiwan cession

According to the Law of Occupation, which is a subset of the Law of War, which itself is a subset of the Law of Nations, the second sentence is still there: “And as the island is, upon its evacuation by ______, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.?o:p>

This Insular Law (colonial) status is also called “Interim Status.?o:p>

According to the Insular Cases of the US Supreme Court, where USMG is the principal occupational authority, cession by treaty is "US unincorporated territory" by default.

SFPT and FM 27-10 define "island citizens" and USA citizens.  All others, including PRC nationals, are aliens.

This step has been completed.

qualifies as "unincorporated territory under USMG" and

a "foreign state equivalent"

Beginning of Friendly Occupation, April 28, 1952

Civil Affairs Administration of a Military Government, which is USMG.

This step has been completed.

Appointment of US Nationality Military Governor or civilian High Commissioner

The US nationality Military Governor or civilian High Commissioner oversees the Civil Affairs Administration.

This step has not been completed.

Adoption of a flag and flag etiquette by "island citizens".

The flag in use on Taiwan is the Party Flag of the KMT, and was brought over from the Mainland China area by KMT forces during the Chinese Civil War period.  Hence no flag which serves as a symbol of the autonomous area currently exists.

This step has not been completed.

Constitutional Convention by "island citizens".  

Constitution promulgated.

The Constitution currently in use in Taiwan was promulgated on December 25, 1947, by the Republic of China in Nanjing, on the mainland, and designed for use in mainland China.  Hence, no organic law for Taiwan currently exists.

This step has not been completed.

fits the description of  "unorganized territory"

Election of President by the "island citizens".  

Election of Representatives (Legislature) by the "island citizens".  

Executive Branch organized by representatives of the "island citizens".  

Judiciary organized by representatives of the "island citizens".

Popular elections for President and Legislators in Taiwan were first held in the early 1990’s.

This step has been completed.

Scenario Formulation for Autonomy:

(1) SAR of People's Republic of China

(2) Republic of Taiwan

(3) Commonwealth, FAS, etc. of the United States

All options for future finalization of status are open.

This step has been completed.

Choice of Scenario Formulation or Goal of Final Status:

 

SAR of People's Republic of China

In the Shanghai Communiques, Richard Nixon, Henry Kissinger, and the PRC authorities determined that Taiwan is to be a part of the PRC. 

The Shanghai Communiques are available in English and Chinese versions.

This step has been completed, but not yet implemented.

current status-quo remains as "undetermined cession"

End of USMG occupation by proclamation

Military government continues until legally supplanted.  In the case of Taiwan, no record of such a proclamation can be found.

This step has not been completed.

Confirmation of Autonomy

variable  defacto  dejure
 defined territory   Yes   Yes
 permanent population   Yes   Yes
 government   Yes   Yes
 independence for action   Yes   No
         Transfer or formation of juridical person: No

Conclusion as of April 28, 2003
Name: Taiwan Cession 
International Law Determination: Unincorporated territory under USMG 
Cession Day: April 28 
Nationality of Populace: Island Citizens (may also be called "domestic aliens" or "TRA aliens" from the US perspective)
Status: Interim Status (US Unincorporated Territory) 
Allegiance of Island Citizens During Interim Status: USA 
Flag of the Interim Status: Flag of the USA 
National Anthem of the Interim Status: "Star Spangled Banner" or "God Bless America"
Language: Chinese 
Romanization (orthography): Hanyu Pinyin 
Weights & Measures: Metric System 
Constitution: USA Constitution ("fundamental rights") 
Income Tax Liability: to Taiwan governing authorities (no USA Federal Income Tax Liability)
 

Stability Index (100 year timeline): Medium stability

Expected date to achieve final status: 2052

One sentence conclusion:

Taiwan is undetermined, unorganized, unincorporated territory of the United States Military Government, and currently in “interim status.?/font>

references


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