Dr Roger C. S. Lin has a Ph.D. in international law from Meijo University, Nagoya, Japan. Over the past few years he and Richard have been actively researching the international legal status of Taiwan, and have reached some surprising conclusions. Beginning in the summer of 2006, Dr. Lin collected monetary donations throughout Taiwan to pay for hundreds of hours of legal research in Washington, D.C. to confirm their research findings.
The conclusion reached by the Washington D.C. legal counsel can be stated in one sentence: Taiwan is "occupied territory of the United States of America."
Based on these findings, the ROC is best described as "a government in exile." In other words, the ROC has "effective territorial control" over the areas of Formosa and the Pescadores, but not sovereignty.
The fact that the ROC does not have sovereignty over the areas of Formosa and the Pescadores can be easily confirmed by considering the following well known facts --
- When the ROC was founded in 1912, Taiwan was part of Japan.
- According to the Article 4 of the ROC Constitution, there has to be a resolution of the National Assembly in order to change the national boundaries.
- In regard to the supposed incorporation of Taiwan into ROC territory after WWII, there is no resolution of the National Assembly on record.
- In the San Francisco Peace Treaty of April 1952, Japan renounced all right, title, and claim to Formosa and the Pescadores. However, no receiving country was named for this territorial cession.
- In regard to the disposition of Taiwan, the Sino-Japanese Peace Treaty of August 1952 reconfirmed the terms of the San Francisco Peace Treaty.
Hence, whether under international law or ROC law, Taiwan is not ROC territory. Native Taiwanese persons are not correctly classified as "ROC citizens." Moreover, the ROC Constitution is not the "organic law" of the Taiwan cession.
With the coming into force of the San Francisco Peace Treaty (SFPT), Taiwan has remained under the jurisdiction of the principal occupying power as an interim status condition. In slightly more technical terminology, this means that United States Military Government (USMG) jurisdiction over Taiwan is still active.
If you think about it, it makes sense. Consider the following --
Most importantly, what do these research findings mean to the Taiwanese people? Well, first we must point out that a "clarification of the status quo is not a change to the status quo." With the recognition that USMG jurisdiction over Taiwan is still active, we can move forward to achieve the following objectives under US administrative authority --
- Passports for native Taiwanese persons to be issued by the Dept. of State (As stated above, native Taiwanese persons are not correctly classified as ROC citizens. Under US law, the default nationality for native persons in conquered territory after peace treaty cession, and without any action by the Congress, is US national non-citizen)
- Recognition as the sixth major US overseas territory (after Puerto Rico, Guam, American Samoa, American Virgin Islands, and the Northern Mariana Islands)
- Visa free travel to the USA
- Improved economic relations with the USA, equivalent to (or surpassing) the much sought for "Free Trade Agreement"
- Name rectification as Taiwan
- A new Taiwan constitution
- A new Taiwan flag and new Taiwan seal
- Improvement in consumer rights across the board
- Improved Taiwanese agricultural policies
- Improved protections against unscrupulous real estate companies
- Entrance into the World Health Organization as an associate member under the USA
- More efficient administration of the National Health Insurance system
- Continuance of membership in the World Trade Organization as a separate customs territory
- No liability for US federal income taxes by Taiwanese persons, US citizens, or foreigners in Taiwan (ditto for "juridicial persons")
- Improvement and streamlining of the Taiwan tax structure
- "National defense" responsibilities for Taiwan handled directly by the Pentagon
- End of military conscription in the Taiwan area
- Dismantling of the 850 missiles which the PRC has pointed at Taiwan
- Improved law enforcement against illegal smuggling and immigration from the PRC
- Improved human rights protections for all workers
- Reorganization of the Taiwan court system under the US model, while maintaining the strengths of the current system
- Reorganization of the Taiwan educational system under the US model, while maintaining the strengths of the current system
- Expanded use of the English language in Taiwanese schools, society, and in the government bureaucracy
- Reorganization and retraining of the Taiwanese police force
- Implementation of the "Three Links" at an early date
- Full establishment of Taiwan as an Asian Pacific Regional Operations Center, with a resulting infusion of much new foreign investment
As for US citizens and foreigners in Taiwan, the WISHLIST for legal rights in Taiwan on the forumosa.com/taiwan/ website is a very interesting thread, and it certainly seems most likely that 95% of the items listed in there which are suitable to Taiwan's status under US jurisdiction can be achieved.
See WISHLIST for legal rights in Taiwan
For those who are somewhat confused by how the recognition of direct military occupation by the US will affect the lives of other persons in Taiwan, it may be stated that for 95% of the "expatriates" there will be little change in the normal run of daily activities.
In terms of the functioning of the Taiwan government, there is an organization chart for the new government structure which you can download and examine at your leisure. Please see the very bottom of this webpage.
|
|
