Our political science teacher has said that "the Republic of China (Taiwan) has no territory, and Taiwan has no government." I am not exactly sure what this means.
According to what I have been able to research on the internet, since Oct. 25, 1945, only marked the beginning of the military occupation of Taiwan, and international law states that "occupation does not transfer sovereignty," also due to the fact that Taiwan was not awarded to the Rep. of China in the post-war peace treaties, so the ROC (Taiwan) has no territory.
Also, since the Rep. of China is not internationally recognized as the legitimate government of Taiwan …. hence, "Taiwan has no government."
Based on this information, of course the ROC/Taiwan is not a country, because it does not meet the Montevideo Convention’s criteria for statehood. Obviously, the ROC/Taiwan does not have sovereignty and cannot enter the United Nations. It seems to me that the ROC meets the definition of "government in exile."
This is only the research I have collected on the internet. Would more knowledgeable persons advise if this formulation basically correct?
But if so, why do so many Taiwan independence supporters continue to stress that Taiwan is already independent and sovereign? Isn’t that an obvious falsehood? As far as I can see, the world community does not recognize Taiwan as an independent sovereign nation, and the reasons for that seem to have been summed up nicely by my political science teacher.
Or do some people have opposing points of view? I would be interested in all comments.
(Note: I know some people say that Taiwan’s successful democratization has caused it to develop into an independent country, but I think that is nonsense. "Democratization" is not a requirement for statehood in the international community. Hence, whether Taiwan has developed democratically or not has no bearing on its legal standing whatsoever.)
Some important new research on Taiwan’s international legal status can be found in the court documents filed in the case of "Roger C. S. Lin v. United States of America" in the US Court of Appeals, Washington D.C. in the Fall of 2008.
This is a civil rights case which is arguing the "nationality" status of native Taiwanese people under the Constitution and laws of the United States.
Although many people are confused about this subject, in fact there are no international treaties or other legal documents which definitively clarify that the sovereignty of Taiwan has ever been awarded to "China" (either the ROC or the PRC) at any time from the 1940′s (or earlier) to the present.
Taiwan was sovereign Japanese territory until the coming into force of the San Francisco Peace Treaty on April 28, 1952. The claim that Taiwan was returned to "China" upon the surrender of Japanese troops on Oct. 25, 1945, is merely Chinese propaganda.
Since the international community does not recognize the "Republic of China on Taiwan" as a sovereign nation, so in the current era native Taiwanese people are stateless.
From 1952 to the present, legally speaking, Taiwan has remained under the jurisdiction of the "principal occupying power" of the 1952 San Francisco Peace Treaty — the United States of America. Hence, the native Taiwanese people are entitled to fundamental rights under US laws and the constitution, including the right to hold US issued "travel documents" — passports.
March 4th, 2010 at 9:11 pm
Some important new research on Taiwan’s international legal status can be found in the court documents filed in the case of "Roger C. S. Lin v. United States of America" in the US Court of Appeals, Washington D.C. in the Fall of 2008.
This is a civil rights case which is arguing the "nationality" status of native Taiwanese people under the Constitution and laws of the United States.
Although many people are confused about this subject, in fact there are no international treaties or other legal documents which definitively clarify that the sovereignty of Taiwan has ever been awarded to "China" (either the ROC or the PRC) at any time from the 1940′s (or earlier) to the present.
Taiwan was sovereign Japanese territory until the coming into force of the San Francisco Peace Treaty on April 28, 1952. The claim that Taiwan was returned to "China" upon the surrender of Japanese troops on Oct. 25, 1945, is merely Chinese propaganda.
Since the international community does not recognize the "Republic of China on Taiwan" as a sovereign nation, so in the current era native Taiwanese people are stateless.
From 1952 to the present, legally speaking, Taiwan has remained under the jurisdiction of the "principal occupying power" of the 1952 San Francisco Peace Treaty — the United States of America. Hence, the native Taiwanese people are entitled to fundamental rights under US laws and the constitution, including the right to hold US issued "travel documents" — passports.
References :
http://www.taiwanbasic.com/civil/court.htm
http://www.taiwanbasic.com/civil/
http://www.taiwanadvice.com/tsovtrust.htm
http://www.taiwankey.net/dc/rocexile.htm
http://www.taiwankey.net/dc/twintro6.htm
http://www.taiwanadvice.com/plenary2yp.htm
http://www.taiwanadvice.com/harintmcexc.htm
http://www.taiwanadvice.com/1china_wwii.htm
http://www.taiwanadvice.com/cfiles.htm
http://www.taiwankey.net/civil/tchart1.htm
March 4th, 2010 at 9:37 pm
It’s funny you claim Taiwanese people are "stateless". You are living in your dreams! All Taiwanese on Taiwan holds ROC(Taiwan) passports when traveling abroad. ROC(Taiwan) passport is accepted around the world. Taiwan has diplomatic relationship with 20+ countries. Taiwan was a province of China before 1894 and was returned to China(then ROC) after WWII from Japan according to Japan’s Declaration of Surrender and Treaty of Peace signed in Taipei between ROC(Taiwan) and Japan. No countries in the world ever opposed to the return of Taiwan to ROC since the end of WWII.
Fact is fact! However you refuse to accept those facts, you still can’t change them because they actually took place and have become part of history. Wake up!!!
References :