Flowchart Analysis of the Transfer of Sovereignty and the Road to Self-Autonomy

Introduction to the Flowchart Analysis

Two charts are provided, the first one for Cuba, and the second one for Taiwan. These serve to create a mathematical formulation whereby the concept of "sovereignty" can be dissected, compared, and plotted. All the information on these charts, and all of the background analysis which accompanies them was obtained from publicly available sources, from the internet, library books, etc. These charts provide a Flowchart Analysis of the Transfer of Sovereignty and the Road to Self-Autonomy.

Each chart starts with a ten-step progression.

Overview of the Cuba Chart

In the case of Cuba, we begin with the end of the Spanish American War, and stop in May 1902 with the founding of the Republic of Cuba. At the end, there is a checking function, and it is possible to verify that the independence of the Republic of Cuba was indeed achieved. This checking function is clearly based on the formulation of the Montevideo Convention, which has come to be internationally recognized as method of evaluating whether or not a particular geographic area is in fact a country, and is qualified for membership in the community of nations. However, the specifications of the Montevideo Convention typically look at only four variables. In the Hartzellian extrapolation, this is expanded to a two-tiered analysis, and an additional element is added, for a total of nine variables.

On the chart for Cuba, the ten steps have been accomplished, and the nine variables of the checking function are all given a "Yes", (or a "check"). Based on the timeline in the ten-step progression, an additional "Stability Index" is calculated.

The Conclusion as of May 20, 1902, is given at the bottom.

Anyone with a knowledge of Cuban history, or who would care to look in the encyclopedias, or do research on the internet, can review this chart and agree that it shows a clear progression of historical events which is entirely in line with the situation during that time period. In particular, it is important to verify that the flag which flew over Cuba during the US military occupation of that island was the flag of the United States of America. This is a matter of historical record.

In order to fully understand this Cuba chart, and later the Taiwan chart, it is necessary to be aware of a series of important US Supreme Court cases in the early 1900's. These are the "Insular Cases". The terminology of "unincorporated territory" derives from Supreme Court Justice Edward Douglass White's concurring opinion in Downes v. Bidwell (1901). To be an unincorporated territory is to belong to, but remain separate from, the United States. Those living in the territories are Americans, but they do not have the right to vote in federal elections. An unincorporated territory is neither a sovereign nation nor an American state. It is a sub-sovereign foreign state equivalent.

The Spanish-American War, starting with the February 1898 explosion of the USS Maine and ending with the December 1898 Treaty of Paris, was a short-lived event with dramatic repercussions. By the terms of the treaty ending the war, Spain ceded Cuba, Guam, Puerto Rico and the Philippines. The United States then found itself in what (at that time) was a novel position for Americans, of becoming a colonial power in the tradition of Britain, France, and Spain.

This entire situation ultimately received the attention of the United States Supreme Court in the Insular Cases. This series of cases consists of 23 opinions of the Supreme Court rendered between 1901 and 1922. Two cases, DeLima v. Bidwell (1901) and Downes v. Bidwell (1901), set the initial parameters.

This is the introduction and background to the chart for Cuba.

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