This is a follow-on to ‘Is Ma Ying-jeou the Legitimate Leader of Taiwan?’ After WWII, Japan relinquished sovereignty of Taiwan in 1952 at the signing of the San Francisco Peace Treaty. But, Taiwan’s sovereignty was not transferred to either the ROC, which had escaped to Taiwan, or to the PRC, or to any other nation. And, of course, Taiwan was not able to become an independent country. Taiwan’s legal status is still in limbo. So who is legally in charge of Taiwan? Does President Obama speak Mandarin?
Here’s more from the e-book, The True Legal Relationship between Taiwan & the USA:
Many people claim that Taiwan is independent, others say that it is a part of China. However, in the last few years another explanation has emerged, and it is gaining more and more adherents. Under this explanation, since 1952 Taiwan has actually remained under the jurisdiction of the military arm of the US government.
A more detailed argument from Chapter 9 – The Territorial Cession of Taiwan
While SFPT [San Francisco Peace Treaty] Article 2(b) did not designate a recipient of “all right, title and claim to Formosa and the Pescadores,” Article 23(a) confirmed the US as “the principal occupying power” with respect to the territories covered by the geographical scope of the SFPT, including “Formosa and the Pescadores.”
. . .
Oct. 25, 1945: This is the beginning of the belligerent occupation and the beginning of USMG [U.S. Military Government] jurisdiction over the territory. The military occupation of Taiwan has been delegated to the Chinese Nationalists (ROC). The United States is the principal occupying power. The Chinese Nationalists under Chiang Kai-shek are a subordinate occupying power. This is a principal-agent relationship.
April 28, 1952 This date marks the coming into force of the peace treaty, and the beginning of the “friendly occupation.” (“Friendly occupation is also called “the civil affairs administration of a military government”)
There has been no announcement of the end of USMG jurisdiction over Taiwan by the US Commander in Chief. Hence, USMG jurisdiction over Taiwan continues to be active, and has not yet been supplanted by a (locally formed) civil government for the territory. However, Taiwan continues to be governed by the ROC government in exile.
Farfetched? Perhaps, but consider:
In July 2007 the Congressional Research Service (CRS) published a report for the US Congress entitled “Evolution of the One China Policy.” In the Summary at the beginning of that report the following points were made –
- The United States did not explicitly state the sovereign status of Taiwan in the three US-PRC Joint Communiques of 1972, 1979, and 1982.
- The United States “acknowledged” the “One China” position of both sides of the Taiwan Strait.
- US policy has not recognized the PRC’s sovereignty over Taiwan;
- US policy has not recognized Taiwan as a sovereign country; and
- US policy has considered Taiwan’s status as undetermined.
With its status undetermined and in the absence of superseding international resolution, Taiwan, under the terms of San Francisco Peace Treaty, remains a territory occupied by and under the control of the the principal occupying power, the United States.
Now that’s he out of the presidential race, John Huntsman is available to be Taiwan Pro Consul. He speaks Mandarin and is more Chinese than the Chinese, as the informative video, below, points out. Move over Ma Ying-jeou. Make room for John Huntsman, our Manchurian Candidate