Legal Government Authority over Taiwan, and the Allegiance & Nationality of Native Taiwanese Persons
           




* The designation of "X" is used to indicate "non existent" or "not applicable."

Conclusion: United States Military Government in Taiwan has not yet ended. At the present time, United States' administrative authority over Taiwan is still active.

Brief Explanation of the Chart:
Legal Government Authority over Taiwan, and the Allegiance & Nationality of Native Taiwanese Persons

This chart has eight columns, which are labeled as
  1. Date
  2. Historical Event
  3. Status of ROC in the United Nations
  4. Status of ROC under international law
  5. Status of ROC government authority over China (in the view of the US State Department)
  6. Status of ROC government authority over Taiwan (in the view of the US State Department)
  7. Administrative authority over Taiwan by USMG
  8. Allegiance of Native Taiwanese Persons
Summary Findings for columns 3 to 8 are given as follows:

3. Status of ROC in the United Nations

Upon the founding of the United Nations in 1945, the ROC was regarded as the sole legitimate government of China. In late October of 1971, the ROC was expelled from the United Nations.

4. Status of ROC under international law

After the overthrow of the Qing Dynasty and the founding of the ROC in 1912, it is the Juridicial Person (Legal Government) of China and has sovereignty over its territory.

5. Status of ROC government authority over China (in the view of the US State Department)

At the time of the Marco Polo Bridge Incident in 1937, ROC is the Recognized Legal Government of China and has sovereignty over its territory. This seems to be the only possible view for the US State Dept. to take. (Although the historical record shows that there were "warlords" in control of various regions, these would simply be considered "self-governing areas" inside the country.)

6. Status of ROC government authority over Taiwan (in the view of the US State Department)

After the surrender of Japanese troops in Taiwan on October 25, 1945, the ROC is fulfilling the role of a subordinate occupying power and exercising effective territorial control over Taiwan territory. This seems to be the only possible view for the US State Dept. to take. The United States is the principal occupying power.

7. Administrative authority over Taiwan by USMG

United States Military Government has begun on October 25, 1945, with the surrender of Japanese troops. Beginning on that date, Taiwan's legal position is "independent customs territory under USMG on Japanese soil." The administrative authority for the military occupation has been delegated to the Chinese Nationalists. Under international law, this is merely "Grotian agency," which is the law of agency as applied to dealings between nations. Up to the present day, no record can be found of any official announcement by the Commander in Chief of the end of United States Military Government in Taiwan.

8. Allegiance of Native Taiwanese Persons

Under the law of occupation, after the surrender of Japanese troops the native Taiwanese persons pass under a "temporary allegiance" to the occupying power, which is the United States.

Taiwan is currently under a civil affairs administration of United States Military Government, which is after peace treaty cession. As a result of the peace treaty cession, under US Constitutional law, Taiwan has been elevated to the position of "unincorporated territory under USMG," and the allegiance of native Taiwanese persons has been raised to a more permanent condition.

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