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What are the complete details of the new federal lawsuit claiming that Taiwan is a US overseas territory?
According to some Chinese language news reports from the southern city of Gaoxiong/Kaohsiung which a friend of mine in Taiwan has emailed to me, a group of Taiwanese people have filed suit in federal court in Washington D.C. against the US government, claiming that Taiwan is an overseas territory of the USA, and that the Taiwanese people are therefore entitled to various fundamental rights under US laws.
I am not exactly sure of the details of the case, but the Chinese news articles say it relies heavily on international legal documents such as the San Francisco Peace Treaty of 1952.
As I will be involved in a research project about Taiwan in the near future, and have to submit an outline of my research proposal by mid-December, it would be most desirable if I could obtain full details about this case. I would also like to obtain a copy of the documents filed with the court and other supporting historical and legal information.
Any assistance would be appreciated.
3 Answers
- Anonymous1 decade agoFavorite Answer
Over the years I have read many accounts where people state that the "Republic of China on Taiwan" is a government in exile. I have yet to see the definitive explanation of why that is the truth, but I am very much interested in all related details.
For this Yahoo question, I did a Google Blogsearch using the keywords of "Taiwan US territory" and then I looked at the Comments posted by visitors to the websites. The site of http://www.taiwankey.net/dc/tforumtw.htm is mentioned in several Blogs, and indeed that site has full information on this new lawsuit. There are numerous links to background information (including US Supreme Court decisions regarding "overseas territories") which have relevance to the Taiwan status question as well.
A link to the court documents (16 pages in PDF format) is also there.
So .... it appears that the truth is out, and this truth has finally reached the US federal court system -- Taiwan is an overseas territory of the USA.
Source(s): Lawsuit summary -- http://www.taiwankey.net/dc/suitsuen3.htm - 1 decade ago
I would also be very much interested in the details of such a case.
The international legal status of Taiwan has been debated for over sixty years, and to date no one has come up with a satisfactory solution (or answer).
Although the Taiwanese like to claim that they own the overeignty of Taiwan based on the doctrine of "popular sovereignty," in fact there are no precedents in international law for such an interpretation. Clearly, the San Francisco Peace Treaty of April 1952 (signed in Sept. 1951) did not award the territorial sovereignty of Formosa and the Pescadores to China, so it is impossible to assert that the ROC (or the PRC) are currently in possession of that territorial sovereignty. However, at the same time, there is no precedent in international law to say that the territorial sovereignty of an inhabited area can disappear ..... so it stands to reason that if the Chinese don't have it, then some other government, somewhere in the world, is holding that territorial sovereignty.
Unfortunately, however, I don't have any access to court records in Washington D.C., so I am unable to search for such a case. My own observation is however that the United States bears quite a bit of responsibility for the developments in Taiwan from 1945 to the present, so in fact I am not surprised that someone has finally sued the US government over this matter!! For the sake of the Taiwanese people, I hope that this case is successful.
Other lawyers who are researching the international legal status of Taiwan (in connection with related civil, criminal, administrative, or military law matters) would probably be interested in the details of such a case as well!!
I also heard recently that a Dr. Roger Lin is running in the Mayoral Campaign for Gaoxiong City in Taiwan, and is promoting a strong pro-USA platform. He might actually have details on this case, or (who knows) he might even have instigated it!!!
- Anonymous1 decade ago
It's a hoax. Taiwan is a US protectorate, according to treaty agreements.