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by Richard W. Hartzell & Dr. Roger C.S. Lin
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should be prepared on the "Application of the US Constitution to Taiwan."
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http://www.taiwanadvice.com/fm2710_366.htm
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by Richard Hartzell and Jeffrey Geer
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by Taiwan Autonomy Alliance
May 20, 2000)
= = = change to = = =
May 20, 2016)
MAKE AS SEPARATE PARAGRAPH, SOMEWHAT INDENTED LEFT & RIGHT, and with a VERY LIGHT BACKGROUND COLOR such as #C2FFFF
Thus it has been solemnly determined that the authority of the President, and of commanders under him, for the establishment of courts in conquered territory is complete, limited only by the exigencies of service and the laws of war; that such courts, if given jurisdiction by the power bringing them into existence, properly may take cognizance of questions, military, criminal, and civil . . . .
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http://www.taiwanadvice.com/4th_geneva.htm
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by Richard W. Hartzell
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Hague Conventions LINK
[original] http://www.answers.com/topic/hague-conventions
[should be changed to] https://en.wikipedia.org/wiki/Hague_Con ... 9_and_1907
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TEXT & LINKS AT TOP RIGHT CAN BE REMOVED (because they already exist at the bottom of the page)
Uncovering the Truth about the Taiwan status
Five Observations and Annotations on Recent Chinese History
Recent Chinese History (from the Chinese viewpoint)
Two Chinese versions of history from 1895 to the present, and considerations of why both may be in error
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by Taiwan Autonomy Alliance
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http://www.taiwanadvice.com/tw_insular3.htm
[ chart/table on this webpage ]
PLEASE ADD the sixth row of data, which you can find on this page --
http://www.twinfopost.com/cu-tw.htm
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by Richard W. Hartzell & Dr. Roger C.S. Lin
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CONTENT OF Footnotes on this page could be in separate box, somewhat indented left & right, and with a very light background color such as #FFFBE1
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http://www.taiwanadvice.com/conqudom.htm
THERE IS SOME PROBLEM WITH THE HTML CODING HERE, since it appears that most of the page is in BOLD TEXT.
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researched and written by Richard W. Hartzell
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7. For additional comments on the future democratic development of Taiwan see Preliminary Explanations and Guidelines -- on future development in Taiwan
Near END, completely REMOVE the following lines --
Taiwan Defense Alliance
3F, Datun 3rd Street, Nantun District,
Taichung 408
Taiwan
Email: taiwantt@ms35.hinet.net
Fax: 886-4-2472-3684
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http://www.taiwanadvice.com/supct.htm
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by Richard W. Hartzell
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http://www.taiwanadvice.com/ques3ans.htm
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by Taiwan Autonomy Alliance
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(4) Taiwan is undetermined, unorganized, and unincorporated territory of the United States Military Government.
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(4) Taiwan is undetermined and unorganized territory under the United States Military Government, and qualifies as a Type 1 insular area of the United States.
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With the seven conclusions, Taiwan's decision to unify with the PRC is something which will have to take into consideration the will of the Taiwanese people.
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With the seven conclusions, Taiwan's decision whether or not to unify with the PRC is something which will have to take into consideration the will of the Taiwanese people. Recent polls in Taiwan have found that over 80% of the local populace consider themselves Taiwanese, and not Chinese.
REMOVE As the Chinese themselves have said, the world community should support the goals of the Three Unifications:
REMOVE The first unification of the Chinese people was to support the revolution led by Dr. Sun Yat-sen, which overthrew the corrupt feudal government of the Ching Dynasty.
REMOVE The second unification was when the Chinese across the country supported the cooperation between the Nationalist Government and the Communist Party to defeat the invasion of Imperialist Japan.
REMOVE As we stand at another critical moment of history, we hope to facilitate a third unification of the Chinese around the world to bring about a great revival of the Chinese people.
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http://www.taiwanadvice.com/harintmcexc.htm
In the table, these three cells --
criteria de-facto de-jure
SHOULD HAVE A LIGHT BACKGROUND COLOR, such as #FFFFC8
In the situation of Taiwan, regardless of what conclusions one reaches in regard to the first four criteria in their de-facto and de-jure senses (for a total of eight variables), the author believes that the ninth variable must be given a "no." In the SFPT, the territorial sovereignty of "Formosa and the Pescadores" was not awarded to the Republic of China.
= = = = CHANGE TO = = = =
In the situation of Taiwan, regardless of what one's political persuasion is, it is hard to deny that there has been no legal transfer of the territorial sovereignty of Taiwan's "defined territory" to any government in Taiwan. After all, in the SFPT, the territorial sovereignty of "Formosa and the Pescadores" was not awarded to the Republic of China. Additionally, we must note that the sovereignty of Japan over Taiwan only ended on April 28, 1952. This means that when the Republic of China moved its central government to occupied Taiwan in late 1949, it was moving outside of China's national territory, and immediately became a government in exile. As a result of all these factors, we also fail to find any date when there has been a formal transfer of the "juridicial person" of Taiwan to the ROC.
CONTENT OF Footnotes on this page could be in separate box, somewhat indented left & right, and with a very light background color such as #FFFBE1
updated November 2005
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updated October 2016
REMOVE Print/save this page: doc | pdf
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http://www.taiwanadvice.com/sfpt_quic2b.htm
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H Research Group
Taipei, Taiwan
tda.taiwan@gmail.com
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Taiwan Autonomy Alliance
Taipei, Taiwan
tda.taiwan@gmail.com
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compiled by Richard W. Hartzell
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compiled by Taiwan Autonomy Alliance
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http://www.taiwanadvice.com/tw_insular6.htm
The Legal Basis for Taiwan's Qualification as "Unincorporated Territory" of the United States
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The Legal Basis for Taiwan's Qualification as an Overseas Territory of the United States
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[ chart/table on this webpage ]
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Unincorporated Territory
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status became that of unincorporated territory under USMG.
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status became that of a US overseas territory (insular area) under USMG.
When the Taiwan governing authorities and the PRC officials finally come to the negotiating table, it is expected that they will reach an agreement for Taiwan to be integrated into the PRC under the "one country, two systems" model. After this agreement takes effect, USMG in Taiwan will be legally supplanted.
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During the period of the 1970s and 1980s, it was widely expected that the Taiwan governing authorities and the PRC officials would come to the negotiating table, and an agreement for Taiwan to be integrated into the PRC under the "one country, two systems" model would be reached. However, with Taiwan's large steps toward democraticization beginning in the mid-1990s, such a scenario seems increasingly unlikely. In any event, if Taiwan is formally recognized as an independent sovereign nation at some day in the future, USMG in Taiwan will be legally supplanted.
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taiwanadvice.com website issues
Re: taiwanadvice.com website issues
http://www.taiwanadvice.com/
CHANGE WORDING --
he Legal Basis for Taiwan's Qualification as "Unincorporated Territory" of the United States
TO --
Does Taiwan Meet the Criteria to Qualify as an "Insular Area of the United States"?
LINK is to --
tw_insular4b.htm
The Legal Basis for Taiwan's Qualification as "Unincorporated Territory" of the United States
= = = CHANGE TO = = =
The Legal Basis for Taiwan's Qualification as an Overseas Territory of the United States
LINK is to tw_insular6.htm
Unincorporated Territory
= = = change to = = =
US Overseas Territories
LINK to uninc_terr.htm
Most people in the USA are familiar with how the fifty states joined the Union, but unfamiliar with the concept of unincorporated territory
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Most people in the USA are familiar with how the fifty states joined the Union, but unfamiliar with the situation of US overseas territories
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[ NEW ITEMS ]
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http://www.taiwanadvice.com/
(AFTER --
Why Isn't the US Flag Flying over Taiwan?
After late April 1952, there is no legal basis for the ROC flag to be flying over Taiwan )
ADD NEW LINK --
Exposing Historical Untruths
http://www.twclarify.com/taiwan/
Fourth Geneva Convention
CHANGE LINK TO --
https://en.wikipedia.org/wiki/Fourth_Geneva_Convention
Hague Conventions
CHANGE LINK TO --
https://en.wikipedia.org/wiki/Hague_Con ... 9_and_1907
Members of the Committee on Resources, House of Representatives, 109th Congress
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Members of the Committee on Resources, House of Representatives
LINK to -- http://naturalresources.house.gov/about/members.htm
Military Occupation
CHANGE LINK TO --
https://en.wikipedia.org/wiki/Military_occupation
Montevideo Convention
CHANGE LINK TO --
http://avalon.law.yale.edu/20th_century/intam03.asp
USE
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to block out this LINK --
Montevideo Convention on the Rights and Duties of States and Military Occupation under the Law of War
By diagramming the situation of Cuba after the Spanish American War, and using a similar structure to discuss related situations of military occupation, it is possible to show the inadequacy of the four criteria of the Montevideo Convention in making a determination of what really qualifies as a "sovereign nation"
San Francisco Peace Treaty
CHANGE LINK TO --
http://www.taiwandocuments.net/sanfrancisco01.htm
Sino-Japanese Peace Treaty
CHANGE LINK TO --
http://www.taiwandocuments.net/taipei01.htm
USE
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Taiwan Caucus Members in House of Representatives
As of late 2005, the House's Taiwan Caucus contained 150 Members
USE
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to block out this LINK --
Taiwan Caucus Members in the Senate
Senate Taiwan Caucus was established on September 17, 2003. Senators Allen and Johnson serve as the co-chairs of the caucus. Like their counterpart in the House of Representatives (Congressional Taiwan Caucus), Senate Taiwan caucus is bi-partisan and its membership is growing steadily. Below is the list of the Senate Taiwan Caucus as of 2005:
US Constitution
CHANGE LINK TO --
http://constitution.findlaw.com/
International Law of Treaties
CHANGE WORDING & LINK TO --
Research Handbook on the Law of Treaties
https://www.amazon.com/Research-Handboo ... 0857934775
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CHANGE WORDING --
he Legal Basis for Taiwan's Qualification as "Unincorporated Territory" of the United States
TO --
Does Taiwan Meet the Criteria to Qualify as an "Insular Area of the United States"?
LINK is to --
tw_insular4b.htm
The Legal Basis for Taiwan's Qualification as "Unincorporated Territory" of the United States
= = = CHANGE TO = = =
The Legal Basis for Taiwan's Qualification as an Overseas Territory of the United States
LINK is to tw_insular6.htm
Unincorporated Territory
= = = change to = = =
US Overseas Territories
LINK to uninc_terr.htm
Most people in the USA are familiar with how the fifty states joined the Union, but unfamiliar with the concept of unincorporated territory
= = = change to = = =
Most people in the USA are familiar with how the fifty states joined the Union, but unfamiliar with the situation of US overseas territories
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[ NEW ITEMS ]
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http://www.taiwanadvice.com/
(AFTER --
Why Isn't the US Flag Flying over Taiwan?
After late April 1952, there is no legal basis for the ROC flag to be flying over Taiwan )
ADD NEW LINK --
Exposing Historical Untruths
http://www.twclarify.com/taiwan/
Fourth Geneva Convention
CHANGE LINK TO --
https://en.wikipedia.org/wiki/Fourth_Geneva_Convention
Hague Conventions
CHANGE LINK TO --
https://en.wikipedia.org/wiki/Hague_Con ... 9_and_1907
Members of the Committee on Resources, House of Representatives, 109th Congress
= = = = CHANGE TO = = = =
Members of the Committee on Resources, House of Representatives
LINK to -- http://naturalresources.house.gov/about/members.htm
Military Occupation
CHANGE LINK TO --
https://en.wikipedia.org/wiki/Military_occupation
Montevideo Convention
CHANGE LINK TO --
http://avalon.law.yale.edu/20th_century/intam03.asp
USE
<!-- -->
to block out this LINK --
Montevideo Convention on the Rights and Duties of States and Military Occupation under the Law of War
By diagramming the situation of Cuba after the Spanish American War, and using a similar structure to discuss related situations of military occupation, it is possible to show the inadequacy of the four criteria of the Montevideo Convention in making a determination of what really qualifies as a "sovereign nation"
San Francisco Peace Treaty
CHANGE LINK TO --
http://www.taiwandocuments.net/sanfrancisco01.htm
Sino-Japanese Peace Treaty
CHANGE LINK TO --
http://www.taiwandocuments.net/taipei01.htm
USE
<!-- -->
to block out this LINK --
Taiwan Caucus Members in House of Representatives
As of late 2005, the House's Taiwan Caucus contained 150 Members
USE
<!-- -->
to block out this LINK --
Taiwan Caucus Members in the Senate
Senate Taiwan Caucus was established on September 17, 2003. Senators Allen and Johnson serve as the co-chairs of the caucus. Like their counterpart in the House of Representatives (Congressional Taiwan Caucus), Senate Taiwan caucus is bi-partisan and its membership is growing steadily. Below is the list of the Senate Taiwan Caucus as of 2005:
US Constitution
CHANGE LINK TO --
http://constitution.findlaw.com/
International Law of Treaties
CHANGE WORDING & LINK TO --
Research Handbook on the Law of Treaties
https://www.amazon.com/Research-Handboo ... 0857934775
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