Included in this research I have overviewed the US occupation of Cuba and West Berlin, and analysed how this all corresponds and dovetails with the situation of Taiwan.  I have pieced this together with recent Chinese history, the Shanghai Communiques, and all other pronouncements of the US government including the Three Nos, Six Assurances, Taiwan Relations Act, 1992 "Cross Straits Consensus", and a large number of US Supreme Court cases . . . . . . and it all fits together quite nicely.   In particular, (a) Taiwan's entry to the WTO as a "separate customs territory", (b) the Taiwan Relations Act as a domestic US law, and (c) the fact no other country in the world has a Taiwan Relations Act, (d) the consideration that the USA is a democratic country but it opposes a referendum on Taiwan independence, (e) the fact that the UN Charter speaks of the right of all peoples for "self determination" but the UN doesn't accept Taiwan as a member, etc. myriad factors . . . . . . . exactly fit this analysis. 

On June 27, 1950, President Truman stated that the future status of Formosa would have to be determined . . . . . and many would say that his remarks were frozen in the SFPT -- this is because Japan renounced any rights she had to "Formosa and the Pescadores" but they were not awarded to any other nation. 

However, doing an overview of "territorial cession law" of the United States, and with reference to the situation of "cession by conquest (by US military forces)" followed by "cession by treaty", we clearly see that the US Supreme Court has ruled that without any additional action by Congress, the default status for new territories acquired in this fashion with the United States Military Government (USMG) as principal occupying power is: (pre 1898) "incorporated territory under USMG", and (1898 and beyond) "unincorporated territory under USMG." (See the 1901 cases of Neely v. Henkel, Downes v. Bidwell, DeLima v. Bidwell, etc. US Supreme Court "insular cases".)

Hence, in the case of Cuba, after the Spanish American War, it was not awarded to any other country in the Treaty of Paris (Senate ratification: Feb. 6, 1899) and therefore qualifies as "unincorporated territory under USMG" until its independence on May 20, 1902.   This analysis exactly corresponds to the historical record.

We can compare the content of Articles 2b, 4b, and 23 of the SFPT with Article 1 of the 1899 Treaty of Paris, and we have basically the same formulation.  For Taiwan, the USMG was the principal occupying power, and therefore since it was not awarded to any other country, it should legally qualify as "unincorporated territory under USMG" upon Senate ratification of the SFPT on April 28, 1952.  (Gen. MacArthur delegated the administrative authority for the occupation of Formosa and the Pescadores to the Rep. of China military forces, but this does not alter the fact that the USMG is the "principal occupying power" and neither Mr. Truman or Gen. MacArthur have any power to formally transfer the sovereignty of these areas to any other nation.) 

Hence, on the date of April 28, 1952, the Republic of China is clearly not the legitimate government of Taiwan, and the "island citizens of Taiwan" should be enjoying fundamental rights under the US Constitution", including the 5th Amendment right to liberty, which includes travel rights on a "US national non-citizen" passport.

Gen. MacArthur directed the Japanese troops in Formosa to surrender to the representatives of Chiang Kai-shek (General Order No. 1, Sept. 2, 1945).  What happened was that the Republic of China (KMT) troops finally got over to Taiwan and held the surrender ceremonies on Oct. 25, 1945, then immediately announced that Taiwan was being annexed to Republic of China as Chinese territory!    Hence, in Asia, calendars list October 25 as "Taiwan Retrocession Day." 

Despite the fact that there had previously been various "press releases" (Potsdam Declaration, Cairo Declaration, etc.) about the "intended" future disposition of these areas, under the international law precedent that "occupation does not transfer sovereignty", the outright annexation of Formosa and the Pescadores on Oct. 25, 1945, by the Chinese is legally impossible.  

Hence, from the vantage point of today, this strikes me as a very big problem which occurred during President Truman's administration, and which has been allowed to continue up to the present day, with no rectification from the Oval Office, the State Dept.,  or the Sec. of Defense, etc.  Yet at the most basic level, these "island citizens of Taiwan", even though residing in a US insular area (outlying area), are being denied their rights under the US Constitution . . . . . . and the President, Sec. of State, Sec. of Defense, etc. have taken an oath "to preserve, protect, and defend the Constitution of the United States."   !  

(Let me avoid any mention here, for the time being, the remedial actions which Nixon and Kissinger took in 1972 in an attempt to sweep this "diplomatic mess" under the rug . . . . . )

I have put up a website about this at www.taiwanadvice.com/ustaiwan/intro.htm

I have some additional summaries posted at www.taiwanadvice.com/vp/peace.htm