Taiwan is occupied territory
In “Focus on national name a distraction,” (May 30, page 8), law professor Chiang Huang-chih (姜皇池) does a good overview of the recent 60-plus years of Taiwanese history, and says that before the coming into force of the San Francisco Peace Treaty (SFPT) on April 28, 1952, Taiwan’s territorial sovereignty remained with Japan.
He correctly states that the Republic of China (ROC), a “foreign regime,” ruled Taiwan between 1945 and 1949, while waiting for the signing of a peace treaty. When the ROC moved its central government to Taiwan in late 1949, it was moving outside of China’s national territory, and hence became a government-in-exile.
However, Chiang’s analysis fails when he states that since the early 1970s, the cross-operations of international and domestic law have meant that the ROC and Taiwan have been gradually fused into one entity. Under international law in the post-Napoleonic period, no such “fusion” is possible.
In this regard, two important legal tenets must be mentioned. First, “military occupation does not transfer sovereignty.” Second, there are no actions, procedures, or other methodology whereby a “government-in-exile” can become established as the legal government of its current locality of residence.
With the surrender of Japanese troops on Oct. 25, 1945, Taiwan came under the rule of the “foreign” ROC regime, and that was a condition of military occupation. There was no transfer of Taiwan’s territorial sovereignty to China in the late 1940s or early 1950s, as Chiang stated. When Japan renounced all rights to Taiwan in the SFPT without specifying a receiving country, the military occupation of Taiwan continued, and the status of the ROC as a government-in-exile remained unaffected.
Although Taiwan has democratized over the past few decades, it remains in a legal condition of military occupation, which means that its “final political status” is undetermined. Hence, Taiwan is not a country, it is merely an occupied territory. The ROC cannot obtain further international legitimacy, because it is, at the most basic level, a government-in-exile. (The status of the “Chinese government-in-exile in Taipei” is frequently abbreviated to “Chinese Taipei” for participation in international organizations.)
A chart which outlines these considerations in detail is available at www.taiwanadvice.com/examlegalit.htm.
It is to be hoped that Chiang can produce a similar chart to present his views and analysis in more detail.
Based on the legal tenets above, the assertion that “the ROC is Taiwan, and Taiwan is the ROC” is not tenable. Realistically, it is not the “focus on national name” that is a distraction, but rather the focus on national sovereignty.
The world community only recognizes one China, and that is the People’s Republic of China (PRC). According to UN General Assembly Resolution 2758, the PRC is the successor government to the ROC. If the Taiwanese people continue to stress that the “ROC in Taiwan” is a sovereign entity, this amounts to handing Taiwan to the PRC on a silver platter.
Hence, such sloganeering should be avoided.
Lin Yung-cheng
New Taipei City
Ideas matter. They especially matter in world affairs. And in communist countries, it is communist ideas, not supreme leaders’ personality traits, that matter most. That is the reality in the People’s Republic of China. All Chinese communist leaders — from Mao Zedong (毛澤東) through Deng Xiaoping (鄧小平), from Jiang Zemin (江澤民) and Hu Jintao (胡錦濤) through to Xi Jinping (習近平) — have always held two key ideas to be sacred and self-evident: first, that the Chinese Communist Party (CCP) is infallible, and second, that the Marxist-Leninist socialist system of governance is superior to every alternative. The ideological consistency by all CCP leaders,
The US on Friday hosted the second Global COVID-19 Summit, with at least 98 countries, including Taiwan, and regional alliances such as the G7, the G20, the African Union and the Caribbean Community (CARICOM) attending. Washington is also leading a proposal to revise one of the most important documents in global health security — the International Health Regulations (IHR) — which are to be discussed during the 75th World Health Assembly (WHA) that starts on Sunday. These two actions highlight the US’ strategic move to dominate the global health agenda and return to the core of governance, with the WHA
Just as the cause of the Kursk submarine disaster remains shrouded in mystery — the nuclear-powered Russian submarine suffered an explosion during a naval exercise on Aug. 12, 2000, and sank, killing all 118 crew onboard — it is unlikely that we will ever get to the bottom of the sequence of events last month that led to the sinking of the Moskva guided missile cruiser, the flagship of the Russian navy’s Black Sea fleet. Ukraine claims it struck the vessel with two missiles, while Russia says ammunition onboard the ship exploded and the ship tipped over while being towed
The US Department of State on Thursday last week made major changes to the US-Taiwan relations fact sheet on its Web site. The update is a noticeable departure from the previous text, which had remained largely unaltered for decades. The previous fact sheet began with a summary on the US-Taiwan relationship: “The US and Taiwan enjoy a robust unofficial relationship.” The first sentence now says: “As a leading democracy and technological powerhouse, Taiwan is a key US partner in the Indo-Pacific.” The previous text continued with Beijing’s claims over Taiwan: “In the Joint Communique, the United States recognized the government of the
RSS