Treaties and status
According to Article 2b of the San Francisco Peace Treaty with Japan, which came into force on April 28, 1952, Japan renounced all right, title and claim to Formosa and the Pescadores. And in Article 23a, the US was designated as the principal occupying power of Japanese overseas territories, including Formosa and the Pescadores.
Based on this treaty, the US is the [administrator] of Taiwan and Taiwan is a protectorate of the US. The treaty enshrines Taiwan in a certain secure status. However, the future of that status is to be decided.
Article 73 of the UN Charter states that UN members that have or assume responsibilities for the administration of territories whose people have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the UN Charter, the well-being of the inhabitants of these territories.
According to this article, UN members that occupy overseas territories have to assume the responsibilities to administer those territories and to promote the inhabitants to attain a full measure of self-government.
The US is the occupying power on Taiwan and, as a member of the UN, has to assume the responsibilities to administer the territories, Formosa, and assist the inhabitants of these territories to attain a full measure of self-government as a sacred trust obligation.
Based on the above, the US is the principal occupying power of Taiwan, and has to assume the international obligation to administer Taiwan.
How to administer Taiwan? In accordance with US constitutional processes, the US Senate and House of Representatives have enacted the Taiwan Relations Act (TRA), a domestic law to administer Taiwan according to the US Constitution.
Why does the TRA put Taiwan under US administration? It is simply to stress that the US is to assume and discharge its international obligation according to international law.
To fulfill the US’ international obligation through the US Constitution to hold the US president accountable for Taiwan’s status.
From the above, we have the San Francisco Peace Treaty, the UN Charter, the Taiwan Relations Act, the US Constitution and the US president, the commander-in-chief of the US — he has the power and duty to make sure that the law is faithfully executed according to the US Constitution, Article 2, Section 3.
In addition to a case filed by a Taiwanese organization, according to the US Constitution Article 3, Section 2, “the judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States and to all cases ... to controversies to which the United States shall be a party.”
When a judicial decision is made in the US and becomes law, the US legislative, executive and judicial powers are working on that case respectively.
With these written documents — the US Constitution — and the most powerful person in the world to carry them out, Taiwan’s future is predictable.
The rest is on the shoulders of the Taiwanese: They have to be aware of global politics. Just like the THAAD [Terminal High-Altitude Area Defense] system is designed to take down incoming projectiles and has been as a way to potentially stop nuclear attack.
Taiwan is under the THAAD system too: the US Constitution.
Based on the same mindset, these written documents enshrines Taiwan in a secure status. All that Taiwan has to do is to appeal for the US to approve its establishment of Taiwan’s self-governance and its recognition of Taiwan.
The Taiwan question is a political issue which should be solved through a political solution within the US administration. Someone advocated that Taiwan should become permanently neutral. This is a stupid idea. If it were realized, then China can freely pass through the Taiwan Strait and the Western Pacific. Do you think the US will let that happen? No.
The US should find a solution for Taiwanese. The self-governance of Taiwan is a fundamental value for Taiwanese according to the UN Charter. It is time, Uncle Sam.
Tom Chang
Laguna Woods, California
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