Flowchart Analysis of the Transfer of Sovereignty and the Road to Self-Autonomy
Major         
References          
(1)                    
Vattel’s                      
“The Law of Nations”   (published         
1758)                      
            
http://www.constitution.org/vattel/vattel_cmt.htm                    
                      
http://www.constitution.org/vattel/vattel.htm
http://www.schillerinstitute.org/fid_97-01/971_vattel.html
  
(2)                        
Grotius’                      
“On the Law of War and Peace"                       
 (published         
1625)  
            
http://www.geocities.com/Athens/Thebes/8098/
            
http://www.geocities.com/Athens/Thebes/8098/book1final.htm
            
http://www.geocities.com/Athens/Thebes/8098/book2final.htm
            
http://www.geocities.com/Athens/Thebes/8098/book3final.htm
  
(3) Military Government and Martial Law, by William E. Birkhimer, 3rd edition, 1914
Judge Advocates Association, National Bar Association Dedicated to Military and Veterans Law
http://www.jaa.org/
Uniform Code of Military Justice (UCMJ)
http://usmilitary.about.com/library/milinfo/ucmj/blucmj.htm
 
(4)                      
The                      
Law of Land Warfare,                      
US Army Field Manual 27-10,                     
                      
US                      
Department of the Army,         
(1st                     
edition, October 1, 1940
http://faculty.ed.umuc.edu/%7Enstanton/FM27-10.htm
The US Supreme Court has stated that FM 27-10 contains the laws of war recognized by the United States.
FM 27-10 has been periodically updated.
 
(5)                     
                     
The doctrine of “unincorporated territory” arises from a concurring opinion                      
of Supreme Court Justice  Edward                      
Douglass White                      
in Downes v. Bidwell (1901).              
      
http://laws.findlaw.com/us/182/244.html
(6) San Francisco Peace Treaty, September 8, 1951 (signed); April 28, 1952 (entered into force)
http://www.taiwandocuments.org/sanfrancisco01.htm
                      
 
http://www.yale.edu/lawweb/avalon/diplomacy/spain/sp1898.htm
Treaty of Taipei, April 28, 1952 (signed); August 5, 1952 (entered into force)
http://www.taiwandocuments.org/taipei01.htm
(7) FM 27-10, paragraph   
358:
International Committee of the Red Cross (ICRC) Report: Occupation does not imply sovereignty over a territory.
       
Frequently Asked Questions on Occupation (FAQ)
  
 
(8)                     
US                    
Supreme Court cases
Ex                     
parte Milligan    (1866) 
http://www.law.uchicago.edu/tribunals/milligan.html
 
                                       
The   Insular Cases total             
twenty-three cases in number, covering the period of 1901 to 1922.                      
Some of the most important are: 
Downes                     
v. Bidwell  (1901)  
http://laws.findlaw.com/us/182/244.html
 
 
     
Fourteen Diamond Rings v. United States (1901)
                    
Dorr v. United States  (1904)
 
                          
Balzac v. Porto Rico  (1922)
 
In the practice of the United States, military government is the form of administration which may be established and maintained for the government of areas of the following types that have been subjected to military occupation:
a. Enemy territory.
b.                   
Allied territory recovered from enemy occupation, when that territory has not                   
been made the subject of a civil affairs agreement . 
c.                   
Other territory liberated from the enemy, such as neutral territory and areas                   
unlawfully incorporated by the enemy into its own territory, when that territory                   
has not been made the subject of a civil affairs agreement. 
d.                   
Domestic territory recovered from rebels treated as belligerents. 
Although                   
military government is an accepted concept in the law of the United States, the                   
limits placed upon its exercise are prescribed by the international law of                   
belligerent occupation. Other countries exercise jurisdiction in occupied areas                   
through types of administration analogous to military government even though                   
they may be designated by other names. 
 
In                   
the United States, martial law is the temporary government of the civil                   
population of domestic territory through the military forces, without the                   
authority of written law, as necessity may require. The most prominent                   
distinction between military government, as that term is used herein, and                   
martial law is that the former is generally exercised in the territory of, or                   
territory formerly occupied by, a hostile belligerent and is subject to                   
restraints imposed by the international law of belligerent occupation, while the                   
latter is invoked only in domestic territory, the local government and                   
inhabitants of which are not treated or recognized as belligerents, and is                   
governed solely by the domestic law of the United States. 
 
So                   
far as the United States forces are concerned, military government and martial                   
law are exercised by the military commander under the direction of the                   
President, as Commander in Chief of the Armed Forces. 
Military                   
jurisdiction is of two kinds: first, that which is conferred by that branch of a                   
country's municipal law which regulates its military establishment; second, that                   
which is derived from international law, including the law of war. 
In                   
the Army of the United States, military jurisdiction is exercised through the                   
following military tribunals: 
a.                   
Courts-martial. 
b.                   
Military commissions. 
c.                   
Provost courts. 
d.                   
Other military tribunals. 
 
While                   
general courts-martial have concurrent jurisdiction with military commissions,                   
provost courts, and other types of military tribunals to try any offender who by                   
the law of war is subject to trial by military tribunals (UCMJ, art. 18),                   
it has generally been held that military commissions and similar tribunals have                   
no jurisdiction of such purely military offenses specified in the Uniform Code                   
of Military Justice as are expressly made punishable by sentence of                   
court-martial (except where the military commission is also given express                   
statutory authority over the offense (UCMJ, arts. 104, 106). In                   
practice, offenders who are not subject to the Uniform Code of Military Justice                   
but who by the law of war are subject to trial by military tribunals, are tried                   
by military commissions, provost courts, or other forms of military tribunals. 
 
In                   
areas occupied by United States forces, military jurisdiction over individuals,                   
other than members of the Armed Forces, who are charged with violating                   
legislation or orders of the occupant is usually exercised by military                   
government courts. Although sometimes designated by other names, these tribunals                   
are actually military commissions. They sit in and for the occupied area and                   
thus exercise their jurisdiction on a territorial basis.