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Japan gives up claims to Taiwan in 1952 treaty Wiki Commons photo
The 'strategic ambiguity' posed by the long-standing 'Taiwan question' over Taiwan's international status may finally be headed to resolution--not in Taipei but in Washington, D.C.
The District of Columbia U.S. Circuit Court of Appeals has handed the 'Taiwan question' to President Barack Obama with a note marked urgent. In declining to review the 1952 San Francisco Peace Treaty, where Japan ceded all claims to Formosa and the Pescadores Islands that make up Taiwan, the federal appellate court highlighted the urgency of the dispute stating the ambiguity "has trapped the inhabitants of Taiwan in political purgatory."
"Once the Executive determines Taiwan's sovereign, we can decide Appellants' resulting status and concomitant rights expeditiously." said the three-judge panel that was considering Roger C.S. Lin, et al vs. United States.
Thus far, President Obama has kept quiet about his views on Taiwan. Secretary of State Hillary Clinton's first tour to Asia skipped Taiwan on the travel itinerary. Now, armed with the appellate court's language on the urgency of the situation, Congressional supporters of Taiwan independence can be counted on to pressure the White House for action.
Meanwhile, Roger Lin and other Taiwanese plaintiffs are wasting no time preparing an appeal to the United States Supreme Court for a judicial determination that has eluded political leaders for decades. The plaintiffs cite a number of other cases and situations where courts have decided treaty, boundary and citizenship disputes without running afoul of the 'political question' doctrine that keeps courts out of political disputes.
Perhaps most important is a crucial factual error in the recently issued appellate decision that betrays a common misunderstanding of the historical events surrounding Japan's surrender to the United States and the subsequent San Francisco Peace Treaty. In the decision handed down earlier this week the court stated, "After its defeat in World War II, Japan surrendered sovereignty over Taiwan to the Allied Forces in 1945."
Lin spokesperson Richard W. Hartzell explains the court's account is "a commonly seen 'mis-interpretation' of the significance of the surrender ceremonies." Hartzell says, "Specifically, it is totally inappropriate to describe the 'surrender ceremonies' as denoting the surrender of sovereignty of the territory in question. Such a statement confuses the start of' 'military occupation' with annexation."
Charles Camp, a Washington, D.C. attorney with an international practice who argued the case, shares Hartzell's view that the court was tripped up by a common misunderstanding of historical events. "Taiwan was sovereign Japanese territory until ceded in the peace treaty on April 28, 1952."
Hartzell says the rule of Taiwan in the post-World War II era is best described in a classic authoritative text on military governments, Military Law and Precedents, by Warren Winthrop. "Military government…is an exercise of sovereignty, and as such it dominates the country which is its theatre in all the branches of administration. Whether administered by officers of the army of the belligerent, or by civilians left in office or appointed by him for the purpose." Chiang Kai-shek's Republic of China troops were merely the agents of the United States as the 'principal occupying Power' in Taiwan following the Japanese surrender.
The United States' chief negotiator at the San Francisco peace conference was John Foster Dulles. Dulles went into the treaty negotiations with a well developed notion of the problems facing residents of Taiwan. Dulles expressed his views on Taiwan in a letter to Senator Arthur Vandenberg (R-MI).
Dulles wrote it was "scandalous to adopt the theory that Formosa is part of China and that, therefore, the Formosans must be subjected to the cruel fate of being the final battleground between the Red regime and the Nationalist Army."
Comments
I hope President Obama will execute the "CHANGE" he talks about so emphatically. No more ambiguity, remember first Gulf War !?
Face up to the US obligations and emancipate local Taiwan residents from being bullied by Chinese.
At this tumulent time of economical uncertainty, Americans need to know that President Obama administration has the spine to stand up and deal with PRC and ROC fair and square - to derive confidence in the future of the United States of American.
Under UN supervision, let local Taiwan residents self determine 6 months after dismissal of Ma Ying-Jeou ROC administration which shall occur right away.
Dear Michael,
As I said, you are like a candle in the darkness.
Please let each of your articles for Taiwan be
like a fire that will burn throughout USA and
the world, meanwhile, let the fire lighten the sky over Taiwan.
Then, you will save 23 millions homeless children.
Dear Michael,
Thank you for addressing this issue.
In my opion, it is simply a historical fact manipulatively ignored by the Government of the United States which is supposed to honor her obligations under Treaties, International Laws, and Domestic Laws of her own as well.
And thanks to the Court, finally Taiwan Issue, an unfortunate US left-behind of WWII, has been brought to the public for serious examination.
No matter what happens next, the truth will speak for itself. And guess what, according to well established Laws, Taiwan Issue could be a powerful chip in favor of the United States, if the US choose wisely, say, be brave and fair in facing the rights of the Taiwanian People.
President Ma Ying-Jeou was elected by 58% of Taiwanese people who casted votes in a free election in 2008. His winning margin was far greater than what President Obama got!!
The fact the matter is that Taiwan today is an independent country from PRC, and is self-determined by all Taiwanese people. DPP members shouldn't distort this fact just because your party lost in the elections.
As I said before that the U.S. had rightfully fulfilled its obligations under the SFPT by returning Taiwan to the government of Rep. of China, the sole representative of China as recognized by the U.S. government at the time. Returning Taiwan and Manchuria back to China was agreed upon in Cairo Conference in 1943. To say that Taiwan never belonged to China is either a big lie or totally ignorant!
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