Taiwan is occupied territory of the United States of America
This legal rationale is explained in detail in our lawsuit against the US government
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If you think about it, it makes sense. Consider the following --
The United States acknowledges that all Chinese on either side of the Taiwan Strait maintain there is but one China and that Taiwan is a part of China. The United States Government does not challenge that position. It reaffirms its interest in a peaceful settlement of the Taiwan question by the Chinese themselves.
Those perplexing and circuitous sentences in the Shanghai Communique of Feb. 1972 are just an attempt to make a final disposition of the occupied territory of Taiwan. As the principal occupying power of the San Francisco Peace Treaty (SFPT), the United States has disposition rights over the areas of Formosa and the Pescadores. (Analysis: Nixon and Kissinger are putting Taiwan on a "flight-path" for eventual unification with the PRC. They want to pass Taiwan to the PRC on a silver plate in order to gain the favor of the officials in Beijing.)
The One China Policy is not a clever riddle of US foreign policy. It is the truth. (Analysis: The ROC is not a legitimate government of China. The "One China Policy" is not the source of Taiwan's problems, rather these problems arise from the fact the ROC is not a legitimate government of China or Taiwan, and is only a government in exile.)
The United States does not support "one-Taiwan, one China." (Analysis: Taiwan [ROC] is not a country, it is only occupied territory. Under international law, the status of China and Taiwan are quite different.)
The United States does not support Taiwan independence. (Analysis: Taiwan [ROC] is not a country, so any declaration of independence would not be recognized by the international community.)
When the DPP administration says that it wants to have referendums on issues involving Taiwan's international status, and its direction for future development as a "state," the US Executive Branch immediately protests, and says that such an exercise of democracy is a greater provocation than that posed by 850 missiles emanating from the PRC. (Analysis: The US Executive Branch does not want to see any moves toward Taiwan independence, since such moves violate Taiwan's true status as a "non-state.")
The United States does not support Taiwan's membership in nation-state based international organizations. (Analysis: Taiwan [ROC] is not a sovereign nation, it is only occupied territory.)
According to the Taiwan Relations Act, the United States does not recognize the nomenclature of "Republic of China" after January 1, 1979. However, when the DPP administration says that they want to change this moniker, the US Executive Branch immediately voices its objection. (Analysis: By maintaining the fictitious Republic of China nomenclature, the Taiwanese government officials are forced to maintain a strong sense of Chinese consciousness, and to stay on the Nixon-Kissinger "flight path" designed for them in the Shanghai Communique of Feb. 1972.)
The ROC on Taiwan has made significant developments in its democracy in the last few decades, but the United States still has a policy denying high level ROC officials from visiting the USA in their "official capacity." (Analysis: The ROC is not the legitimate government of Taiwan, and the USA derecognized the ROC as of January 1, 1979.)
The ROC Constitution was designed for all of China, not for Taiwan. However, when the DPP administration says that they want to change this constitution, and redefine the nation's territorial boundaries, the US Executive Branch immediately voices strong opposition. (Analysis: By maintaining the fictitious Republic of China constitution, with its territorial boundaries encompassing all of the mainland areas, the Taiwanese government officials are forced to maintain a strong sense of Chinese consciousness, and to stay on the Nixon-Kissinger "flight path" designed for them in the Shanghai Communique of Feb. 1972.)
The US Executive Branch is always hinting that Taiwan is part of Chinese territory, but as the researchers in many prominent US think-tanks have repeatedly pointed out, there are no official US government documents which specifically say so. (Analysis: The US Executive Branch is committed to seeing the Nixon-Kissinger plan fulfilled, otherwise they will have to admit to the American people and the Congress that they have been deliberately misleading everyone about the international status of Taiwan for over 60 years.)
The key points of the above can be summarized in the following chart.
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US Policy Statements |
Important Notes |
1. |
The United States remains committed to a One China policy based on the three Joint Communiques and the Taiwan Relations Act. |
The San Francisco Peace Treaty, the US Constitution, and the internationally recognized laws of war must also be taken into account. |
2. |
The US does not support independence for Taiwan or unilateral moves that would change the status quo as the US defines it. |
The "status quo" is defined by recognizing that Taiwan is occupied territory of the United States of America, and not an independent sovereign nation. The ROC is a government in exile. |
3. |
For Beijing, this means no use of force or threat to use force against Taiwan. For Taipei, it means exercising prudence in managing all aspects of cross-Strait relations. For both sides, it means no statements or actions that would unilaterally alter Taiwan's status. |
With full cognizance of Taiwan's true legal status, the lawsuit filed Oct. 24, 2006, demands that the US government recognize the Taiwanese people's fundamental rights under US laws, including the Constitution. In this way, "national defense" matters for Taiwan immediately fall under the jurisdiction of the US Dept. of Defense. |
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