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Why is Taiwan's true legal status kept more or less a secret?
Since Taiwan's true legal status is as an occupied territory of the United States (with the US as the "principal occupying power" and the landless ROC merely as a "subordinate occupying power"), why does the US seem to want to keep this status a secret?
3 Answers
- Anonymous1 decade agoFavorite Answer
Based on the US Senate ratified San Francisco Peace Treaty (SFPT), Taiwan is occupied territory of the United States of America.
* The United States is the principal occupying power of all geographic areas within the scope of the SFPT, as per Article 23(a). United States Military Government (USMG) jurisdiction over Taiwan is active, as confirmed by SFPT Article 4(b). Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory.
For Taiwan, no US federal government recognized "civil government" (of the ROC, PRC, or any other country) has ever supplanted USMG jurisdiction over Taiwan. Hence, USMG jurisdiction over Taiwan remains active here in the 21st century.
In terms of the military occupation of Taiwan, there is a principal - agent relationship between the Republic of China and the United States. The Republic of China on Taiwan is (1) a subordinate occupying power, beginning Oct. 25, 1945, and (2) a government in exile, beginning mid-December 1949. The ROC exercises effective territorial control over the areas of Formosa and the Pescadores, but not sovereignty.
There is going to be some very serious explaining to do for the gross negligence of the Asia Desk at the US Dept. of State (DOS). None of the key individuals have used proper caution but have engaged in reckless political expediency at the expense of the civil rights of the native persons on this unincorporated territory. It is not even going to be possible to realistically ever claim ignorance or incompetence in any of these issues of SFPT. These officials are truly too professionally competent and have a traceable pattern of political agendas including some DOI Inspector-General investigations linking the Dept. of Interior and the Asia Desk at the Dept. of State.
In regard to the court case Lin et. al. v. United States of America, currently being adjudicated in Washington D.C., if writs of mandamus are to be sought, they should be directed to the Dept. of Defense (DOD) jurisdiction of SFPT. The Inspector-General at DOD has recent history of investigating some Pro-China military officials in Hawaii. It is believed that there are links to the DOS and DOI. Since the Taiwan cession is TRA qualified as unincorporated territory under USMG, federal investigations by proper authorities (DIA) will be a national security issue.
For Taiwan, there has been no administrative authority transfer other than that delegated to the ROC and reaffirmed by TRA. However, to the extent that this delegated administrative authority is blocking the Taiwanese people's enjoyment of "fundamental rights" under the US Constitution, it is void.
Fundamental rights include life, liberty, property, and due process of law, among others.
Source(s): http://www.taiwankey.net/dc/viewpoint.htm - 1 decade ago
It basically comes down to trade with China.
China and the United States are walking on egg shells when it comes to trade and the classification of Taiwan.
China won't let most countries trade with it unless they agree that Taiwan is part of China. The United STates does not have to do this due to obvious reasons. But, to try and not strain relationships they keep Taiwan on the down low.
LOL, Basically it all boils down to money. Though the more saber rattling China does about Taiwan, the United States protects Taiwan with a surprisingly large amount of vigor.
- MikeGolfLv 71 decade ago
Can you provide a reference that states that Taiwan is being occupied by any other nation?