Research on Taiwan's Position as a US Insular Area
(Unincorporated Territory)






TAIWAN CIVIL ALLIANCE




The Framework for Hartzell's Research
After doing a full review of the past sixty years of Taiwan's history, it quickly becomes apparent that many researchers are overlooking a number of important considerations



A new recognition of the United States of America
Washington, D.C. plus Fifty States plus Six Major Overseas Territories

Are Taiwanese Persons ROC Citizens? -- In Search of a Legal Basis for ROC Citizenship
The legal basis for recognizing Taiwanese persons as having ROC citizenship is open to serious doubt, and it may be true that the ROC on Taiwan does not have anything which can be called a "permanent population."

Cuba after the Spanish American War, Taiwan after WWII
A more detailed determination of Taiwan's international position is obtained by comparison with Cuba in the 1898 to 1902 period

Cuba and Taiwan: Points of Comparison
The historical situations of Cuba and Taiwan are similar in many ways

Three Insular Cases and the Taiwan Status
Analysis of three US Supreme Court cases from 1901 actually sheds much light on the complexities of Taiwan's current legal position

Does Taiwan Meet the Criteria to Qualify as an "Overseas Territory of the United States"?
At the present time the USA has five major overseas territories, and it appears that Taiwan is number six

FM 27-10 The Law of Land Warfare, Chapter 6: OCCUPATION, paragraph 366
For over thirty years, US Commander in Chief has been the ringmaster of a three-ring circus called the "One China Policy."

The Fourth Geneva Convention, Military Occupation, and Taiwan
One of the Few Unresolved Territories From the Post WWII Era

General Background Information
A quick orientation to the basic facts regarding Taiwan's post WWII legal status

Important Quotations from Downes v. Bidwell, (US Supreme Court, May 27, 1901)
Overseas territory may be acquired in many ways, but any peace treaty cession after 1898 involves the doctrine of "unincorporated territory"

Important Remarks on the Interpretation of Treaties
Clauses regarding territorial cession, reparation provisions, etc. are not affected by a war or by subsequent cancellation of a treaty

Is Taiwan a Sovereign and Independent Nation under the terms of the Taiwan Relations Act?
Under the US Constitution, the recognition of "foreign regimes" is a power reserved for the Commander in Chief alone

The Legal Basis for Taiwan's Qualification as "Unincorporated Territory" of the United States
After the Spanish American War the United States "acquired" four overseas territories, and after WWII it appears that Taiwan was "acquired" in quite a similar manner

Name Rectification and a New Constitution without Immediate Independence
A viable scenario is available for Taiwan to achieve name rectification and a new constitution while maintaining peace and harmony in the Taiwan Strait

Name Rectification in Insular Areas of the United States
Guam achieved name rectification with a legislative act passed by the US Congress, Taiwan could certainly do the same

On the Subjects of "Conquest" and "Dominion"
Dozens of US Supreme Court cases support the contention that territory acquired by conquest is legally under the dominion of the conqueror

Our inquiry to the US government -- What are you doing?
The USA made three major mistakes in the handling of Taiwanese affairs in the post WWII period

Overview of relevant US Supreme Court decisions
Many US Supreme Court decisions are of excellent reference value for discussing the Taiwan status

Points of Confusion over the Cuba Question and Cuba Sovereignty
An overview of cession, flag, allegiance, military government, interim status, US Constitution, annexation, and related topics

Points of Confusion over the Taiwan Question and Taiwan Sovereignty up to the present day
An overview of cession, flag, allegiance, military government, interim status, US Constitution, annexation, and related topics

Questions and Answers on the Taiwan status
An in-depth overview of all key US policy considerations

Questions of Sovereignty -- the Montevideo Convention and Territorial Cession
Although Taiwan fully appears to meet the requirements for being a sovereign country, in fact it falls short in several aspects

Quick Summary of the SFPT's Disposition of "Formosa and the Pescadores"
A careful reading of the San Francisco Peace Treaty actually does reveal the complete specifications of Taiwan's international legal position

Reflections on Taiwan History - from the vantage point of Iwo Jima
Different scenarios for the military occupation of Iwo Jima illustrate the true reasons why Taiwan is not accepted as a sovereign nation by the international community

Reflections on the Significance of Oct. 25, 1945, by Taiwanese in N. Calif., USA
The misunderstanding of the legal significance of the "surrender of Japanese troops" in Taipei is the source of most problems which Taiwan faces in the present era

The Successor Government Theory and the One China Policy
Putting the events of October 25, 1945, in their proper perspective, the correctness of the One China Policy quickly becomes apparent, while at the same time Taiwan remains separate from the PRC

Taiwan and Occupied West Berlin
A determination of Taiwan's international position is quickly obtained based on the findings in the US v. Tiede ruling

Taiwan Status Glossary
Commonly used terminology for discussing Taiwanese politics, territorial sovereignty, the laws of war, Taiwan's international legal status, etc.

Taiwan's Qualification as "Unincorporated Territory" of the United States
Most researchers have completely overlooked the essential considerations of how Taiwan qualifies as overseas territory of the USA

Territorial Cession after War and the End of Military Government
The military government of the principal occupying power does not end with the coming into force of the peace treaty, but continues until supplanted by some other legal arrangement

The Territorial Cessions of Puerto Rico, Cuba, Philippines, Guam, & Taiwan
The change of sovereignty for these five territorial cessions can be fully described with an identical legal framework

Unincorporated Territory
Most people in the USA are familiar with how the fifty states joined the Union, but unfamiliar with the concept of unincorporated territory

Unincorporated Territory under the United States Military Government (USMG) (pdf)
Cession by Conquest followed by Cession by Treaty in the post-1898 world

Why Isn't the US Flag Flying over Taiwan?
After late April 1952, there is no legal basis for the ROC flag to be flying over Taiwan

Taiwan Defense Alliance Press Conference - 03/27/2006
First Demonstration in front of AIT - 03/29/2006


Charts and Diagrams

Notable "Historical Events" in the Recent History of Taiwan and the ROC
This listing of important historical events over the last 120 years provides a basis for the composition of many types of analytical models regarding Taiwanese legal matters.
    doc | pdf

Examination of Taiwan's Territorial Sovereignty and the ROC's International Legal Position
A comparison of the historical and legal claims over Taiwan by Japan, PRC, ROC, and the USA (USMG)
    doc | pdf

Legal Government Authority over Taiwan, and the Allegiance & Nationality of Native Taiwanese Persons
A comparison of the views of the United Nations, the US State Dept., international legal scholars, etc. regarding the sovereignty of Taiwan and the allegiance of native Taiwanese persons
    doc | pdf

US Insular Law Considerations on the Origin and Classification of Aliens
Analysis of relevant US Supreme Court cases shows the existence of Type 1, Type 2, and Type 3 aliens under US law, and in fact the latter two qualify for the issuance of US national non-citizen passports
    doc | pdf

ABCD Chart of Territorial Cession after War
In regard to territorial cessions which are the result of war, a very comprehensive discussion may be made with the help of a simple line drawing
    doc | pdf

Analysis of the Location of Taiwan's Sovereignty
Sovereignty never ceases to exist, and the location of Taiwan's sovereignty can be plotted on a simple timeline
    doc | pdf

The Historical Inter-relationship of post-WWII Administrative Authority over Taiwan
Diagrams showing the relationship between the ROC and USMG, with an analysis of Taiwan's international legal status
    doc | pdf

Additional Charts (pdf)
International Treaty Law, Inter-relationship of Post WWII Administrative Authority, and other details clarifying the Taiwan status

Taiwan's status in the international community (pdf)
An analysis beginning with General Order No. 1 of Sep. 2, 1945

US Territorial Acquisitions as the Result of War (pdf)
An Analysis of Spanish American War and WWII in the Pacific cessions


Published Articles

Taiwan's secret: Island is territory of U.S.!

Independence? Ask the US

Taiwanese should seek US Constitutional rights

A Framework for Taiwan's "Non-Independence"

Taiwan belongs to US

Taiwan's legal standing

Sovereignty a tough question

Sovereignty explored online

No grounds for issuing IDs

Taiwan is US territory

Who is in control?

Taiwan needs to learn about pragmatism and compromise to survive

Taiwan Civil Alliance Press Release - 09/26/2007
US Congress must recognize Taiwan as an insular area of the USA


Links

Execution of Removal Orders; Countries to Which Aliens May Be Removed
The Federal Register for 2005 contains important information about the status of Taiwan

FM 27-10
US Army Field Manual FM 27-10 contains the principal offenses under the laws of war recognized by the United States

Fourth Geneva Convention
Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War covers all individuals who do not belong to the armed forces, take no part in the hostilities and find themselves in the hands of the enemy or an occupying power

Supreme Commander for the Allied Powers General Order No. One
Shortly after the signing of the Instrument of Surrender in Tokyo Bay, General of the Army Douglas MacArthur, Supreme Commander for the Allied Powers, issued his General Order no. 1, which was transmitted to Japanese forces by the Imperial General Headquarters. The enclosure is the final form approved by the President of the United States on 17 August 1945 and issued by the Imperial General Headquarters on 2 September 1945.

Hague Conventions
The Hague Conventions are international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and 1907, and constitute formal statements regarding the laws of war and war crimes

Members of the Committee on Resources, House of Representatives, 109th Congress
The Members of the House Committee on Resources are in charge of the Insular Affairs of the United States

Military Occupation
The laws of occupation are subset of the customary laws of warfare of the post-Napoleonic period

Montevideo Convention
The Montevideo Convention on Rights and Duties of States offers a defintion of "the state as a person of international law," but is incomplete because it totally ignores the complications of (1) military occupation, (2) governments in exile, or (3) limbo cessions in peace treaties, etc.

Montevideo Convention on the Rights and Duties of States and Military Occupation under the Law of War
By diagramming the situation of Cuba after the Spanish American War, and using a similar structure to discuss related situations of military occupation, it is possible to show the inadequacy of the four criteria of the Montevideo Convention in making a determination of what really qualifies as a "sovereign nation"

San Francisco Peace Treaty
As a Senate-ratified international treaty, the San Francisco Peace Treaty's position under US law is on the same level as that of the US Constitution, which is "the supreme law of the land"

Sino-Japanese Peace Treaty
The "Treaty of Taipei" is a subsidiary peace treaty drafted under the authority of the San Francisco Peace Treaty

Taiwan Caucus Members in House of Representatives
As of late 2005, the House's Taiwan Caucus contained 150 Members

Taiwan Caucus Members in the Senate
Senate Taiwan Caucus was established on September 17, 2003. Senators Allen and Johnson serve as the co-chairs of the caucus. Like their counterpart in the House of Representatives (Congressional Taiwan Caucus), Senate Taiwan caucus is bi-partisan and its membership is growing steadily. Below is the list of the Senate Taiwan Caucus as of 2005:

US Constitution
The United States Constitution, ratified in 1789, was influenced by the British constitutional system, and has become a benchmark for republican and codified constitutions written thereafter

Why the Canon Should be Expanded to Include the Insular Cases and the Saga of American Expansionism
Contemporary constitutional law casebooks or treatises typically have no mention at all of the US Supreme Court's Insular Cases and the origin of the doctrine of unincorporated territory


Book Introductions

Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution

International Law of Treaties

The Law of Nations (1758) by Emerich de Vattel

Recognition of Governments in International Law With Particular Reference to Governments in Exile


Petitioning

Letter to Congressman Dana Rohrabacher (R - CA)
46th District Of California, Member of the U.S. House of Representatives

Open Letter to Congresswoman Donna M. Christensen (D-VI)
Chairwoman of the Subcommittee on Insular Affairs, House of Representatives

An Overview of Important New Research on Taiwan's International Legal Position - Liu to Royce
Sample Petition Letter to a Member of Congress


Court Case

Complaint for Declaratory Relief
Based on the authoritative research on this website, a court case was filed in the United States District Court for the District of Columbia on Oct. 24, 2006


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