INTRODUCTION TO TAIWAN'S LEGAL STATUS

  CIVIL GOVERNMENT AFTER MILITARY GOVERNMENT  



The following CHART compares geographic areas which
  • were conquered by US military forces and therefore under United States Military Government (USMG) jurisdiction,

  • attained a "new disposition" by peace treaty, and

  • at a later date then completed the supplanting of USMG by a recognized Civil Government



Beginning of USMG Area Treaty Came into force End of USMG USMG supplanted by
Jan. 13, 1847 California Treaty of Guadalupe Hidalgo, Art. 5 July 4, 1848 Dec. 20, 1849 civil government for California (USA)
Aug. 12, 1898 Puerto Rico Treaty of Paris, Art. 2 April 11, 1899 May 1, 1900 civil government for Puerto Rico (USA)
Aug. 14, 1898 Philippines Treaty of Paris, Art. 3 April 11, 1899 July 4, 1901 civil government for Philippines (USA)
June 21, 1898 Guam Treaty of Paris, Art. 2 April 11, 1899 July 1, 1950 civil government for Guam (USA)
July 17, 1898 Cuba Treaty of Paris, Art. 1 April 11, 1899 May 20, 1902 civil government for Cuba (Republic of Cuba)
Sept. 7, 1945 Ryukyus SFPT, Art. 3 April 28, 1952 May 15, 1972 civil government for Ryukyus (Japan)
Oct. 25, 1945 Taiwan SFPT, Art. 2b April 28, 1952
-- ? --
[ none to date ]  


Reduce



Notes: (1) With the end of USMG jurisdiction in California, Puerto Rico, Philippines, Guam, Cuba, and the Ryukyus, each has become either (a) a sovereign nation, or (b) a fully-recognized overseas territory of another sovereign nation. Significantly, each of these areaa has a fully functioning "civil government." Taiwan is clearly the exception. Taiwan has remained under military occupation up to the present day.
Since the end of the Second World War, it has been the official policy of the United States government that the status of Taiwan is "an unsettled question . . . . "

(2) From the late 1920's to Dec. 31, 1978, the United States recognized the Republic of China as the sole legal government of China. Importantly however, under the SFPT, the Republic of China is not recognized as the legal government of Taiwan. The US political branches have never recognized the ROC as exercising sovereignty over Taiwan, only "effective territorial control."

(3) Beginning with the Truman Statement of June 27, 1950, (or arguably earlier) the US position on the Taiwan status question has been "undetermined." As clarified by the Truman Statement and the SFPT, the United States has never recognized the forcible incorporation of Taiwan into China.

(4) To explain this in more detail, none of the Allies recognized any transfer of the sovereignty of Taiwan to the Republic of China (ROC) on the date of Oct. 25, 1945, (or any date thereafter). Hence, there was no "Taiwan Retrocession Day," as announced by the Chinese Nationalists (KMT-ROC).

(5) In the post-war SFPT of 1952, Taiwan was not awarded to China (either the ROC or the PRC).

(6) The Mutual Defense Treaty of 1955 did not change the US position on the Taiwan sovereignty question either. In conjunction with the ratification of the MDT, a report issued Feb. 8, 1955 by the US Senate's Committee on Foreign Relations specified: "It is the view of the committee that the coming into force of the present treaty will not modify or affect the existing legal status of Formosa and the Pescadores."

(7) In the 1972 Shanghai Communique, the United States only "acknowledged" the PRC position on the Taiwan status question. However, in President Reagan's Six Assurances of July 1982, it was clearly stated that the United States would not formally recognize PRC claims over Taiwan or otherwise change its position regarding sovereignty over Taiwan.

(8) The Congressional Research Service (CRS) Report for Congress entitled China/Taiwan: Evolution of the "One China" Policy was released on July 9, 2007. In the Summary at the beginning of that report the following points were made --
(1) The United States did not explicitly state the sovereign status of Taiwan in the three US-PRC Joint Communiques of 1972, 1979, and 1982.
(2) The United States "acknowledged" the "One China" position of both sides of the Taiwan Strait.
(3) US policy has not recognized the PRC's sovereignty over Taiwan;
(4) US policy has not recognized Taiwan as a sovereign country; and
(5) US policy has considered Taiwan's status as undetermined.

(9) Moreover, on Aug. 30, 2007 Dennis Wilder, National Security Council (NSC) Senior Director for Asian Affairs said: "Taiwan, or the Republic of China, is not at this point a state in the international community. The position of the United States government is that the ROC -- Republic of China -- is an issue undecided, and it has been left undecided, as you know, for many, many years."