[quote=“Hartzell”]Why don’t you look at the historical and legal record? In particular, the situations of the Philippines and Cuba are very illustrative of THE ONLY METHOD whereby Taiwan can move in the direction of de-jure independence.
The following is a simplified scenario. Many of the details have been left out at this point.
Philippines, Cuba, and Taiwan: All were/are territories conquered by US military forces during wartime. Hence, the US has military jurisdiction. Such jurisdiction is conducted under military government. In the San Francisco Peace Treaty (SFPT) of 1952, the United States Military Government was given disposition rights over the Japanese property of Taiwan territory. That is Article 4(b), which is bolstered by the specification of the USA as “the principal occupying power” in Article 23(a).
Unlike the Article 3 territory of the Ryukyus, Taiwan was not later elevated to the status of UN trusteeship. Hence, according to the terms of the SFPT, Taiwan is still under military occupation. For all the technical details, and relevant treaty clauses, and why the military occupation of Taiwan cannot be interpreted to have ended yet . . . . . etc. See – taiwanbasic.com/key/
Today, “Taiwan” is a geographic term, it is not the name of a country. Jurisdiction over Taiwan is held by the USMG as the principal occupying power, and Taiwan forms an “independent customs territory” under USMG. The ROC is also serving as “agent” for the USA in the continuing military occupation of Taiwan, while at the same time being a government in exile on Taiwanese soil. Taiwan does not belong to China. The “One China Policy” says that the PRC is the sole legitimate government of China. That is all that it says. Taiwan/ROC cannot enter the UN because it is not a country. (The various elements of fact and logic here are very well interconnected.)
With the above elements in mind, then you can turn to the situations of Philippines and Cuba. Having been conquered by US military forces, each one was under direct USMG jurisdiction for a period of time before convincing the US Executive Branch to grant it independence. Taiwan must follow a similar path. Taiwan must have a period of direct USMG jurisdiction before it can move in the path of independence.
Hence, the path is clear. It begins with demands that, under the Senate-ratified SFPT, the USA should handle the military occupation of Taiwan directly. The delegation of the administrative authority to the Chinese Nationalists should be ended.
Then of course the native Taiwanese people can come together to form their own civil government. A citizenship law needs to be promulgated. (This is exactly the way that the Philipines and Cuba proceeded.) Since the ROC government in exile is in Taiwan, there will have to be an interim period. US miitary troops will be needed to assure a peaceful transfer of power to “Taiwan citizens.”
The following individuals are defined as Taiwan citizens:
- Upon the signing of the surrender documents by the Japanese Emperor on September 2, 1945, all people of Taiwan bearing household registration in Japanese-governed Taiwan and their descendants continuing to possess household registration in Taiwan up to the present are defined as Taiwan citizens, also called: (original) people of Taiwan.
- Any individual acquiring Taiwan citizenship under the other provisions of this Act.
- Descendants of the Taiwan citizens having household registration in the region of Taiwan as defined in the foregoing clauses 1 and 2 are defined as Taiwan citizens.
Upon reaching the age of eighteen, a Taiwan citizen is entitled to various citizenship rights such as voting in an election, impeachment, referendum, etc.
[ twdata.net/citizenship.htm ]
It may be five or ten years until some level of local stability is reached. Negotiations with US government officials for a timetable for “Taiwan independence” can only begin at that stage.[/quote]
This is all just mental masturbation unless you can convince the people on the mainland to agree with all the terms of the sfpt and of US senate ratified laws.