Alfred Tsai offered a good summary of Taiwan's situation (Letters, Nov. 6, page 8) when he said: "Both the pan-blue and pan-green camps are misleading people when they declare that Taiwan is part of China or that Taiwan is an independent, sovereign nation."
In the book The Creation of States in International Law (2nd edition), author James Crawford, speaking of the Cairo and Potsdam Declarations and the San Francisco Peace Treaty, wrote: "The cession of territory at the end of a war must await the peace treaty ... the problem was that, in 1951, there was no agreement between the signatories as to which government represented that State (`China'). Until 1952, the position of the Republic of China [ROC] in Taiwan was that of a belligerent occupant and, after 1949, government-in-exile of China."
The analysis underlines the fact that there was no transfer of the sovereignty of Taiwan to the ROC upon the Oct. 25, 1945, surrender of Japanese troops on the island.
Furthermore, since international law does not recognize any methods or procedures by which a "government-in-exile" can become the lawfully recognized government of its current locality of residence, it is clear that all actions aimed at gaining more international diplomatic recognition for the ROC in the international community are doomed to fail.
In summary, Taiwan is a "country without a government" that is being occupied and run by a "government without a country." As such, it does not fulfill the Montevideo Convention's criteria for statehood. Until the ROC is dissolved and Taiwanese create a new and proper Taiwanese civil government, "Taiwan" can neither be a normal country nor can join the UN.
Taiwan's efforts at "self-determination" should begin with the recognition that US military government jurisdiction over Taiwan is still active. If a consensus on this point (clearly stipulated in Article 4b of the San Francisco Peace Treaty) can be reached, then the members of the US Congress can assume jurisdiction over Taiwan based on the territorial clause of the US Constitution.
Certainly one of the Congress' first acts will be to rectify the name of Taiwan to "Taiwan," and to discard, once and for all, the inappropriate label of "Republic of China" into the dustbin of history.
Roger C.S. Lin
The small Baltic nation of Lithuania last week announced that it would accept a Taiwanese representative office in its capital, Vilnius, and that it would establish its own trade office in Taiwan by the end of the year. This was more than a welcome announcement to Taiwan and goes far beyond the normal establishment of trade relations. Lithuanian Minister of Foreign Affairs Gabrielius Landsbergis summed it up succinctly, boldly saying: “Freedom-loving people should look out for each other.” With these words, Landsbergis was purposefully going beyond normal diplomacy; he was also presenting a moral challenge and reminder to other democratic nations. A look
On a peaceful day in the open Pacific Ocean to the east of Taiwan, a US carrier and five accompanying warships were slowly sailing to guard the western Pacific. Another carrier battle group had just returned to its home port in San Diego. Suddenly, alarms went off as many intercontinental ballistic missiles were launched from the interior of China, flying toward Taiwan. Numerous Chinese warships, carriers, fighter jets, bombers and submarines were fast converging on the US ships. Not too long after, missiles, bombs and torpedoes were fired at the US carrier. The surprise to Americans was the number of
Having deceived the world about its nuclear capabilities while preparing for an arms race, the Chinese Communist Party (CCP) is now using its increasing nuclear forces for virtual nuclear coercion. This new threat will continue until the United States, Japan, and Taiwan can restore the CCP’s sense of fear. This dynamic is a familiar one for Taiwan. As the CCP’s People’s Liberation Army’s (PLA) capabilities have grown, its inhibitions about conducting larger and more frequent coercive military demonstrations have shrunk. The PLA now more openly practices for the destruction of Taiwan’s democracy and the murder of its citizens. In the nuclear realm,
The Tokyo Olympics will perhaps be remembered as one of the oddest Games in the event’s long and checkered history. Held amid a global pandemic, spectators are banned from most venues, leaving athletes to play out their feats of sporting brilliance in eerie silence. Meanwhile, furious Tokyo residents wave placards outside some venues, calling for the Games’ cancelation. Adding to the incongruity of it all, the entire Russian team is absent, banned due to a doping scandal. That the Tokyo Olympics went ahead at all has been extremely contentious in Japan. Critics fear a mass outbreak of the highly contagious Delta