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SBD Admiral
Joined: 19 Aug 2004 Posts: 1022
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Posted: Fri Aug 12, 2005 7:12 pm Post subject: America Owns Taiwan by matter of International Law!! |
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Quote: | IS TAIWAN A POSSESSION OF THE UNITED STATES?
Behind The Lines
To the Point News
By Dr. Jack Wheeler
Thursday, August 11, 2005
Communist China, the People’s Republic of China or PRC, never tires of denouncing Taiwan as a “renegade province” that belongs to it, and bitterly complaining that any attempt by any country anywhere in the world to treat Taiwan as a sovereign independent nation is a gross interference in China’s “internal affairs.”
This claim is about to be publicly exposed as baseless – for it turns out that as a matter of international law, Taiwan is legally an overseas possession of the United States of America.
Taiwan has been inhabited by a Malayo-Polynesian aboriginal people for 40,000 years. The Chinese never showed any interest in it nor attempted to colonize it all the way up to the end of the Ming Dynasty in 1644 AD. The Portuguese, the first European colonizers in Asia, made no attempt to do so either, although they named it Formosa (Beautiful).
It was the Dutch, who had begun colonizing Java and Sumatra and creating the Dutch East Indies (now Indonesia) in the early 1600s, that established a base there in 1624 and began to import Chinese men from Fujian across the Formosa Straits as laborers. A Chinese pirate named Koxinga took over the island in 1661, kicked out the Dutch and established a pirate kingdom.
In the meantime, over in China, a tribe of nomadic herders similar to the Mongols called the Manchus had conquered northeastern China, calling their kingdom Ching (or Qing), “Pure.” In 1644, they overthrew the Ming Dynasty by seizing Beijing, with the last Ming Emperor, Chongzhen, hanging himself on a tree overlooking the Forbidden City.
The Manchus had to spend the next 17 years consolidating their control over all of China. After two subsequent decades of raids on their southern coast, they put an end to Koxinga’s pirate kingdom and took over Taiwan in 1683. At the time there were about 7,000 Han (ethnic Chinese) on the island.
Some two hundred years later, in 1894, the Ching government of China got into a war with Japan over control of Korea, and lost. In the formal Treaty of Shimonoseki signed in April, 1895, the Chinese government formally recognized the independence of Korea, and legally ceded Taiwan to Japan. For the next 50 years, Taiwan under international law was the possession of Japan’s.
The Japanese Government’s control over Taiwan ceased on August 15, 1945 when it announced its surrender in World War II. The Instrument of Surrender was signed on the deck of the USS Missouri on September 2, which placed “all Japanese forces wherever situated” under the command of “the Supreme Commander of the Allied Powers,” Gen. Douglas MacArthur.
That day, McArthur formed the United States Military Government with jurisdiction over Japan, Korea, and Taiwan. General Order No. 1 of the USMG included the directive that all Japanese commanders and forces in Taiwan (called Formosa) “shall surrender to Generalissimo Chiang Kai-shek,” leader of the recognized legal government of China, the Republic of China (ROC). These forces then surrendered to ROC commander Chen Yi on October 25, 1945.
But the Instrument of Surrender was an armistice, not a formal peace treaty. Japan had not ceded Taiwan to the ROC. The legal authority in Taiwan remained the United States Military Government, which had delegated – delegated, not relinquished – the military occupation of Taiwan to the ROC.
This occupation conducted by Chen Yi proved impossibly corrupt and abusive, resulting in a rebellion by native Taiwanese known as the 228 Incident, as it began on February 28, 1947. Chen Yi’s soldiers killed thousands of Taiwanese and instituted a tyranny called the “White Terror.”
By now, Mao Tse-tung’s Communists were waging full scale war against Chiang Kai-shek’s ROC government. They succeeded in taking over China from April to November, 1949, during which the Generalissimo, several hundred thousand of his soldiers, and 2 million refugees crossed the Formosa Strait to Taiwan. Chiang proclaimed that the city of Taipei was now the temporary capital of the Republic of China, the sole legitimate government of mainland China.
It may have been the legitimate capital of China, but not of Taiwan, because the ROC was not the legitimate government of Taiwan – the USMG was.
Japan did not sign a formal peace treaty until September 8, 1951. Known as the Treaty of San Francisco, Article 2(b) states:
“Japan renounces all right, title and claim to Formosa and the Pescadores” (islands in the Formosa Straits).
But – the gargantuan but -- no receiving country is specified in the treaty. In other words, Japan renounced its sovereignty over Taiwan, but did not turn over that sovereignty to either the PRC in Beijing or the ROC in Taiwan. Neither the PRC nor the ROC were invited to the San Francisco treaty conference, and neither was a signatory to the treaty.
This means that the USMG remained the sovereign legal authority in Taiwan. Article 4(b) of the treaty states this in recognizing the authority of “the United States Military Government in any of the areas referred to in Articles 2 and 3,” as does Article 23(a) recognizing “the United States of America as the principal occupying Power.”
This treaty is still in effect. In the opinion of a number of scholars of international law, Taiwan is neither a province of China over which the PRC has legitimate sovereignty, nor is Taiwan a sovereign state of itself. It is, rather, an overseas territory of the U.S.
The practical bottom line to this is that the Communist PRC government of China has no claim to Taiwan under international law.
Further, as Taiwan is a U.S. territorial possession, the United States government is legally obliged to defend it.
This can only be changed by the United States Congress. As the historical and legal facts described here sink in to Capitol Hill, expect a number of bills to be offered in the upcoming session that will either legally turn over sovereignty of Taiwan from the U.S. to the Taipei government, or make it legally explicit that China’s claim on Taiwan is fraudulent.
There’s going to be a hot debate in Congress as it realizes it’s been handed a sizzling hot potato. America owns Taiwan. What is it going to do with it? |
SBD |
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BuffaloJack Master Chief Petty Officer of the Navy
Joined: 10 Aug 2004 Posts: 1637 Location: Buffalo, New York
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Posted: Fri Aug 12, 2005 8:10 pm Post subject: |
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Does this mean the Taiwanese people might actually be U S citizens? Puerto Rico is a U S territory, and the Puerto Rican people are U S citizens. Same thing ain't it? _________________ Swift Boats - Qui Nhon (12/69-4/70), Cat Lo (4/70-5/70), Vung Tau (5/70-12/71) |
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dusty Admiral
Joined: 27 Aug 2004 Posts: 1264 Location: East Texas
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Posted: Fri Aug 12, 2005 9:39 pm Post subject: |
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Now this is going to be a pretty kettle of fish. Hot potato may not fully describe the situation this brings up.
China is fully intent on exerting their control over Taiwan and threatening Nuclear power to make it so.
Another conundrum. Just what we need. I sure wouldn't want to be in Taiwan in the middle of this power stuggle. _________________ Left and Wrong are the opposite of Right! |
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DLI78 PO3
Joined: 10 Nov 2004 Posts: 273
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Posted: Sat Aug 13, 2005 7:03 am Post subject: |
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This history doctor kind of glosses over 200 years of Ching dynasty rule of Taiwan, then makes the 50-year Japanese occupation look somehow more important. Not!
And he has a kind of shaky understanding of what role Taiwan played under Chiang Kai-shek (aka Chancre Jack). Yes there was a period now known as the "white terror". It was not a lot of fun if you were under suspicion. Similar to when McCarthy was doing investigations from congress. My father-in-law survived being under suspicion and retired from first the military, then the police. Along the way he raised a family and lived in the middle class. Sort of the Taiwan translation of the American dream.
That was ALSO when Chiang (CKS) did the radical step of paying rich people for their land and taking it (think emminent domain for nation building purposes). As long as the rich invested that money in certain needed industries, they were not taxed. Does anybody HERE wish we were half as advanced in our tax policy as somebody who died 30 years ago???????? But wait, there's more.
The rich got a LOT richer by following CKS's play book. CKS then took that land and "sold" it to the peasants who actually worked the land, as long as they produced the crops the government needed. Low to no taxes, no BS interference, live or die based on how hard you work. One farmer was my landlord in the late 1980s. He took his rice paddies and built apartments and rented them out. The man helped the economy and provided housing for a lot of people.
At the same time, those paragons of the left on Mainland China were rounding up the people whose families were well to do and executing them, taking their land, then forming collectives. This bonehead maneuver resulted in the starvation deaths of MILLIONS. Probably more than died in Hitler's camps. But they died from starvation, not crematoria, and they were killed by the same race as the killers. So like Stalin's victims we didn't say crap about the murders of millions.
So let's just make it real simple and boil it down to terms even the most brain-dead leftist piece of crap would have trouble arguing with.
Chiang Kai Shek, a nationalist, right-wing show-me-the-money kind of guy created an economic miracle. He turned a backwater that was less important than a pimple on the butt of a mosquito into the world's 12th largest trading nation. If God was going to give the world an enema he would have bypassed Taiwan because it was lower-ranked (LESS important) than the world's butthole.
At the same time, that darling of the left Mao ze-dong (mousie tongue) was busy killing the people who had the drive and smarts to make money in a hell of a long recession (AKA WW2). Good plan. That might be one reason why MILLIONS starved to death under Mao.
Yeah, gee, I wish we had that kind of inspired leadership here.
OK, so lets get to the main point this history doctor has wrong. The US is not obligated to defend Taiwan because it is a US possession. We have always made clear, and it was our open diplomatic position for decades that Taiwan was the legitimate ruler of all china. Then Mr. Peanut became president and recognized communist China as the legitimate ruler. Sure, and if you're Chinese and disagree the "legitimate" rulers will run you down with APCs and tanks and machine gun fire on live TV.
In response to Mister Peanut the US congress did the right thing and drafted the Taiwan Relations Act. The TRA obligates the US to defend Taiwan against invasion. THAT is why we are obliged to defend Taiwan if the commies try to take over.
At the same time, we have also let Taiwan know that poking the gorilla in the eye is not helpful, and if they declare independence from China we might not follow the TRA. |
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GenrXr Master Chief Petty Officer of the Navy
Joined: 05 Aug 2004 Posts: 1720 Location: Houston
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Posted: Sat Aug 13, 2005 7:17 am Post subject: |
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good posts ya'll. _________________ "An activist is the person who cleans up the water, not the one claiming its dirty."
"All that is necessary for evil to triumph is for good men to stand by and do nothing." Edmund Burke (1729-1797), Founder of Conservative Philosophy |
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SBD Admiral
Joined: 19 Aug 2004 Posts: 1022
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Posted: Sat Aug 13, 2005 7:40 am Post subject: |
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I think you missed something here. Japan was not occupying Taiwan for 50 years, China ceded it to Japan in a legally binding Treaty after losing the war. That is not the same as occupation. This is no different then the entire western half of the United Stated which was ceded from Mexico in the Treaty of Guadeloupe Hidalgo. It's only been 150 years, does that mean the treaty is not valid and I am really a Mexican living in California? It may seem that way sometimes, but California is not part of Mexico yet.
The part about defending Taiwan if China attacks is valid, in spite of and in addition to any other act of Congress because of the Treaty with Japan supercedes and is still in effect obligating the defense of all previous Japanese territories which would include Taiwan.
SBD |
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PhantomSgt Vice Admiral
Joined: 10 Sep 2004 Posts: 972 Location: GUAM, USA
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Posted: Sat Aug 13, 2005 9:03 am Post subject: |
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SBD wrote: | This is no different then the entire western half of the United Stated which was ceded from Mexico in the Treaty of Guadeloupe Hidalgo. It's only been 150 years, does that mean the treaty is not valid and I am really a Mexican living in California? It may seem that way sometimes, but California is not part of Mexico yet. SBD |
Yes SBD it is true but never fear the intra country 1031 Exchange is going thru trading California with Western Canada. Soon you all can proudly call yourselves CALnadians.
_________________ Retired AF E-8
Independent that leans right of center. |
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SBD Admiral
Joined: 19 Aug 2004 Posts: 1022
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Posted: Sat Aug 13, 2005 8:19 pm Post subject: |
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PhantomSgt wrote: | SBD wrote: | This is no different then the entire western half of the United Stated which was ceded from Mexico in the Treaty of Guadeloupe Hidalgo. It's only been 150 years, does that mean the treaty is not valid and I am really a Mexican living in California? It may seem that way sometimes, but California is not part of Mexico yet. SBD |
Yes SBD it is true but never fear the intra country 1031 Exchange is going thru trading California with Western Canada. Soon you all can proudly call yourselves CALnadians.
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Well at least the Medical System won't have to change!!
SBD |
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PhantomSgt Vice Admiral
Joined: 10 Sep 2004 Posts: 972 Location: GUAM, USA
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Posted: Sun Aug 14, 2005 2:11 am Post subject: |
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SBD wrote: | PhantomSgt wrote: | SBD wrote: | This is no different then the entire western half of the United Stated which was ceded from Mexico in the Treaty of Guadeloupe Hidalgo. It's only been 150 years, does that mean the treaty is not valid and I am really a Mexican living in California? It may seem that way sometimes, but California is not part of Mexico yet. SBD |
Yes SBD it is true but never fear the intra country 1031 Exchange is going thru trading California with Western Canada. Soon you all can proudly call yourselves CALnadians.
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Well at least the Medical System won't have to change!!
Thanks SBD I am ROTF here.
SBD | _________________ Retired AF E-8
Independent that leans right of center. |
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