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What is the true "Status Quo" in the Taiwan Straights that the US state dept. keeps talking about?
It seems like the PRC's idea of the status quo is not the same as that of the USA or of Taiwan. Is there something going on behind the scenes? This sacred status quo of theirs looks like a blurry mixed up mess to me!
1 Answer
- 1 decade agoFavorite Answer
First we must recognize that the People's Republic of China is the sole legal government of China. This was specified in the 1972 Shanghai Communique, and further reinforced when the United States broke diplomatic relations with the government-in-exile Republic of China in early 1979.
Since Oct. 25, 1945, Taiwan has been occupied territory.
There has been no change in that status to date. This is more fully explained as follows:
When reading General Order No. 1 of Sept. 2, 1945, our analysis must proceed as follows: The military troops of Chiang Kai-shek's Republic of China are being delegated all details regarding the surrender of Japanese troops in Taiwan. The surrender ceremonies are being held on behalf of the Allies. After the surrender ceremonies, the military occupation of Taiwan begins. QUESTION: Who is the "occupying power" as spoken of in the Hague and Geneva Conventions?
The answer must be: the United States of America.
To confirm this, we should first turn to the US Constitution. Notably, the US Constitution has placed no limit upon the war powers of the government, but they are regulated and limited by the laws of war. One of these powers is the right to institute military governments.
The form of administration by which an occupying power exercises government authority over occupied territory is called "military government."
With full recognition of this, we should then turn to the post war peace treaty.
As per Article 4b of the post-war San Francisco Peace Treaty (SFPT), United States Military Government (USMG) jurisdiction over Taiwan is confirmed as still active. As per Article 23a of the SFPT, the United States is confirmed as the principal occupying power.
HENCE, the Republic of China on Taiwan is a (1) subordinate occupying power, beginning Oct. 25, 1945, and (2) a government in exile, beginning Dec. 1949.
The ROC on Taiwan is merely serving as an agent for USMG. There has been no change in this status to date.
As principal occupying power of the SFPT, the US commander-in-chief has put Taiwan on a "flight-path" for future unification with the PRC. This has been done via the relevant specifications in the Shanghai Communique.
If the Taiwanese people do not like this "arrangement," then they should be petitioning the members of the US Congress for their fundamental rights under the US Constitution.
All native residents of US overseas territories are entitled to fundamental rights under the US Constitution. These rights include life, liberty, property, and due process of law, among others.
The recognition of Taiwan's true status under the US Constitution would not be a change to the "status quo," but rather a clarification of it.