Flowchart Analysis of the Transfer of Sovereignty and the Road to Self-Autonomy
OVERVIEW OF THE TAIWAN CHART
Now let us turn to the chart for Taiwan.
On this chart, we begin with the end of World War II. There is the official signing of the surrender of the Japanese military forces on the USS Missouri, and then the surrender of the Japanese military forces in Taiwan on October 25, 1945.
There is also a ten-step progression. However, here we see different results. Some of the steps have been completed, but others have not. Doing a calculation on the date of April 28, 2003, for the first eight variables of the checking function, these are evaluated these as seven "Yeses" and one "No." The ninth variable then receives a "No," (or an "X"). The "Stability Index" is calculated based on the timeline in the ten-step progression.
The Conclusion as of April 28, 2003, is given at the bottom. (This is the same as for April 28, 2017.)
It is important to note that the situation of Cuba after the Spanish American War, and the situation of Taiwan after the end of World War II have many striking parallels. Most
strikingly perhaps, is that both began with cession by conquest, which was later finalized with cession by treaty. More importantly, both Cuba and Taiwan were "limbo cessions". In other words, although they were ceded, they were not given to any particular country.
However, in both cases the United
States Military Government (USMG) was the principal occupying power.
INTRODUCTION TO RELEVANT LEGAL CONCEPTS
The terminology of "limbo cession" may be defined as follows:
Limbo Cession -- any area surrendered by treaty, where the "receiving state or country" (supreme authority; administrative authority) of the transfer of legal ownership (sovereignty) is not specifically stated or specified. The Treaty of Paris, in 1898, stipulated that "Spain relinquishes all claim of sovereignty over and title to Cuba," and is the textbook example of a limbo cession. Article 2(b) of the San Francisco Peace Treaty, in 1952, stipulated that "Japan renounces all right, title and claim to Formosa and the Pescadores," and is clearly a limbo cession. The US Supreme Court has ruled that where the United States is the principal occupational authority, the sovereignty of a limbo cession is held in trust by the USMG as interim status.
Related to this is the term "island citizens". This may be defined as follows:
Island Citizens -- Insular law nationality of peace treaty cessions coming under customary law and US Nationality Laws. It is not a "citizen of the Union" like a US citizen of the 50 states, but it is distinguished as "non-voting citizenship" or an insular citizenship of any US territory or self-governing dominion.
Two further terms are customary law and organic law.
Customary Law -- Unwritten rules generally accepted as binding by a community as a result of long use. Hence, customary law includes the international public law of treaties and the "unwritten" law of the San Francisco Peace Treaty and the Laws of War; it is binding unless modified by legislation or other proper legal authority. All legal systems recognize custom as a source of law, although the authority ascribed to it and the extent to which it is recognized in legislative measures and case law varies.
Organic Law -- Constitution (or Charter) which organizes the juridical person called a state or country; similar to Articles of Incorporation for a corporation to become a legal person or juridical person; the body of laws (as in a Constitution or Charter) that form the original foundation of a government; or one of the laws that make up such a body of laws.
act of "cession by conquest"
creates a temporary situation . What needs to be carefully examined is the
finalization as "cession by treaty" Of
course, under a normal "cession by treaty" arrangement, the party which is
receiving the cession will be fully specified, and the sovereignty of the area
will be fully transferred to the "new owners."
Taiwan was a limbo cession. Over the past
fifty years, few if any analysts or scholars have been able to fully understand the
implications of this formulation.