Our inquiry to the US government --

What are you doing?


by Dr. Roger C. S. Lin & Richard W. Hartzell



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Footnotes:

1. The law of agency is the body of legal rules and norms concerned with any principal – agent relationship, in which one person (or group) has legal authority to act for another. The law of agency is based on the Latin maxim "Qui facit per alium, facit per se," which means "he who acts through another is deemed in law to do it himself." Hugo Grotius spoke of agency in his treatise On the Law of War and Peace, written in 1625. In particular, see Book 2, Chapter XI, Sec. XII: "We are obliged to confirm the engagements made by others, acting in our name, if it is evident that they had special, or general instructions from us to do so. And in granting a commission with full powers to any one, it may so happen that we are bound by the conduct of that agent, even if he exceed the secret instructions which he has received. For he acts upon that ostensible authority, by which we are bound to ratify whatever he does, although we may have bound him to do nothing but according to his private instructions."


2. Article VI of the US Constitution provides that: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land . . . . . "


3. For a much more detailed analysis of the international legal status of Taiwan see Mr. Hartzell's article entitled "Understanding the San Francisco Peace Treaty's Disposition of Formosa and the Pescadores," in the Harvard Asia Quarterly, published Fall 2004 by the Harvard Asia Center, Cambridge, Massachusetts.

This article can be found in most online search engines. Alternatively, a link is available on the following webpage --

      A New Look at Taiwan's International Legal Position


4. See Rethinking "One China", edited by John J. Tkacik, Jr., The Heritage Foundation, Washington, D.C., published 2004, Appendix C.


5. Importantly, the "ROC on Taiwan" was not admitted to the World Trade Organization as a country but as a "separate customs territory." The status of "separate customs territory" arises under military occupation.


6. The US Supreme Court has held that the "liberty" of the Fifth Amendment includes the right to travel, and that the right to travel includes the right to obtain a passport.

For an examination of related situations in US history, see US Insular Law Considerations on the Origin and Classification of Aliens on the following webpage --

      Taiwan Research Download


7. For additional comments on the future democratic development of Taiwan see the following file: Preliminary Explanations and Guidelines -- on future development in Taiwan

      Microsoft Word (.doc) format

      Hypertext (.htm) format


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Definitions:

Annexation -- (1) to append or attach, especially to a larger or more significant thing, (2) to incorporate (territory) into an existing political unit such as a country, state, county, or city. [Note: military occupation must be carefully distinguished from annexation.]

Cession -- (1) an area surrendered in a treaty; legal ownership is transferred for both jurisdiction and proprietary ownership purposes, (2) transfer of the control of or sovereignty over specific property or territory, especially by treaty. (verb: cede)

Civil Government -- [in the practice of the United States] (1) administrative authority conducted by civilian officials in a government of territory (or a state) under constitutional powers of the US Congress, (2) a government as distinguished from "military government."

Conquest -- the acquisition of territory by force.

Fiduciary Relationship -- the relationship between a trustee, beneficiaries, and property held in trust.

Government-in-exile -- a temporary government moved to or formed in a foreign land by exiles who hope to rule when their country is liberated.

Irredentism -- claiming a right to territories belonging to another state on the grounds of common ethnicity and/or prior historical possession, actual or alleged.

Law(s) of Occupation -- the subset of the Law(s) of War which deals with military occupation.

Law(s) of War -- the body of laws governing armed conflict. In relation to the Taiwan status, the laws of war spoken of are "the customary laws of warfare in the post-Napoleonic period."

Ligeance -- the connection between sovereign and subject by which they were mutually bound, the former to protection and the securing of justice, the latter to faithful service; allegiance. [Note: also written as ligeancy and liegance.]

Military Occupation -- (1) invasion, conquest, and control of a nation or territory by foreign armed forces, (2) a condition in which territory is under the effective control of foreign armed forces, (3) the military government exercising control over an occupied nation or territory. [Note: military occupation is not annexation and the doctrine of "prescription" does not apply.]

Prescription -- (1) the process of acquiring title to property by reason of uninterrupted possession of specified duration, (2) acquisition of ownership or other real rights in movables or immovables by continuous, uninterrupted, peaceable, public, and unequivocal possession for a period of time.

Property -- (1) something, as land and assets, legally possessed, (2) a piece of real estate, (3) something tangible or intangible to which its owner has legal title, (4) the right of ownership; title.

Taiwan Strait -- a channel between mainland China and the island of Taiwan, varying in width between 180 km to 131 km (112 miles to 81 miles). The Taiwan Strait is part of the South China Sea and connects to the East China Sea to the northeast.

"Undefined" Civil Rights -- "fundamental rights" under the US Constitution which are applicable in unincorporated territories even without any action by the US Congress.

Unincorporated Territory -- (1) an area over which the US Constitution has not been expressly and fully extended by the US Congress within the meaning of Article IV, Section III, (2) insular law term for interim cessions and their basic constitutional rights under peace treaty; nexus of international and domestic laws.


For a more complete listing of DEFINITIONS, please see our Taiwan Status Glossary



Taiwan Defense Alliance
Taichung 408, Taiwan
   Email: taiwantt@ms35.hinet.net
   Fax: 886-4-2472-3684
   Website -- http://www.taiwantda.org.tw/tda/home/


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We welcome your contributions to insure a free and democratic future for Taiwan.

Taiwan Defense Alliance
   Bank Account: 1162717037875
   Account Name: Taiwan Tati Cultural and Educational Foundation
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   Bank Name: Taiwan Cooperative Bank, Taichung Branch
   Bank Address: No. 2 Tsu Yu Road, Section 2, Taichung 400, Taiwan

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God bless America, Taiwan, and the whole world!








For the full text of the What are you doing? article, see the link on the following webpage --

      A New Look at Taiwan's International Legal Position