Submitted by Roger C. S. Lin, Aug 5, 2007 02:11

Recent news reports have quoted Republic of China President Chen Shui-bian as saying that "The principle of sovereignty entails a respect for and acceptance of the reality and status quo of Taiwan's being an independent, sovereign country."

But the ROC on Taiwan is not independent, because it does not hold the legal title to Taiwan territory. This is explained as follows.

After the events of early August 1945, General MacArthur directed Chiang Kai-shek (CKS) to accept the surrender of Japanese troops in Taiwan, and his representatives did so on Oct. 25, 1945. Although the surrender ceremonies were held on behalf of the Allies, the ensuing military occupation of Taiwan was conducted on behalf of the "conqueror" and "principal occupying power," and that is the United States. At the most basic level, the ROC on Taiwan is a subordinate occupying power. Then in Dec. 1949, CKS loyalists moved their central government to occupied Taiwan, thus also becoming a government in exile.

In the post-war peace treaty (San Francisco Peace Treaty), Japan renounced the sovereignty of Taiwan without specifying a "receiving country," so the ROC on Taiwan does not hold the legal title to Taiwan territory. In fact, Taiwan has remained under the jurisdiction of the United States Military Government up to the present day.

Moreover, it is an established principle of international law that there are no actions which a government in exile can take in order to become recognized as the "legal government" of its locality of residence. In other words, the ROC on Taiwan does not qualify for UN membership.

To summarize the above, the ROC on Taiwan is (1) a subordinate occupying power, beginning Oct. 25, 1945, and (2) a government in exile, beginning mid-December 1949. It is not an independent sovereign nation. From the perspective of international law, and US constitutional law, Taiwan is an overseas territory under the jurisdiction of the United States Military Government (USMG), and the people in Taiwan should be enjoying fundamental rights under the US constitution.

See additional details at http://www.taiwankey.net/dc/viewpoint.htm

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