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Jean asked in Politics & GovernmentMilitary · 1 decade ago

Does the Shanghai Communique mean that the US is obligated to give the Taiwan cession to the PRC?

Since Formosa and the Pescadores (Taiwan) are unincorporated US territory since the San Francisco Peace Treaty of 1951, Did the signing of the Shanghai Communique obligate the US to hand it over to the PRC? Is it binding? Or are there other options?

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  • 1 decade ago
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    The Shanghai Communique is an Executive Agreement between the USA and PRC. Certain clauses in the Shanghai Communique outline a "vision" of a future intended disposition of Taiwan territory.

    Taiwan is occupied territory of the United States, so of course the USA has "disposition rights" over the territory. However, there has been no final disposition of Taiwan territory to date.

    If the Taiwanese people do not want to follow along with the USA-PRC planning on this issue, as specified in the Shanghai Communique, then they should be demanding their rights under the US Constitution.

    As an overseas territory under the jurisdiction of USMG, the Taiwanese are entitled to certain fundamental rights under the US Constitution. No doubt it will be necessary to file a lawsuit in US federal court to obtain these rights however .....

  • 1 decade ago

    Oh, it may be de jure, but it sure as Hell isn't de facto.

    The PRC has always claimed Taiwan as it's own province that is merely rebelling. We all know it's a big bunch of crap, but is it worth going to war with China over? Do the Chinese think so?

    The real smart thing to do is wait until the Chinese become more and more democratic and then start the fracas about the independence of Taiwan. I am not certain why it matters. They are already autonomous. They have their own economy. They rule themselves without interference from the mainland. Otherwise, it's just a name.

    But you force China's hand too early, and you might wind up at war with China. Is it really worth that? To anyone?

  • Anonymous
    1 decade ago

    China Ceded Taiwan to Japan in 1895 and it was returned to Nationalist China after World War II. The Kou Min Tang Nationalist Government, never claimed it to be anything but part of China.

    Taiwan is a dead issue, all the rich nationalist who escaped the Commies by shlepping thier gold to Taiwan are trying to get back to the mainland now to get richer.

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