UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
COMPLAINT FOR DECLARATORY RELIEF
filed Oct. 24, 2006, in Washington, D.C.
amended March 19, 2007
case transferred to US Court of Appeals
March 31, 2008
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BACKGROUND INFORMATION
1. The One China Policy and Taiwan's Identity Crisis
2. ABCD Chart of territorial cession
3. The Territorial Cessions of Puerto Rico, the Philippines, Guam, Cuba, & Taiwan
4. Are Taiwanese Persons ROC Citizens? –– In Search of a Legal Basis for ROC Citizenship
5. Background Information and Statement of Purpose
6. Letters and Commentary
7. Taiwanese should seek US Constitutional rights
8. Statement of Historical and Legal Evidence for US Nationality Status provided in accompaniment with Application for US nationality non-citizen PASSPORT by native Taiwanese person born in Taiwan
9. US Insular Law Considerations on the Origin and Classification of "Aliens"
10. Understanding the San Francisco Peace Treaty's Disposition of Formosa and the Pescadores (pdf)
Harvard Asia Quarterly, Fall 2004
11. Three Insular Cases and the Taiwan status
12. Important Quotations from Downes v. Bidwell
13. On the Subjects of "Conquest" and "Dominion"
14. Unincorporated Territory under the United States Military Government
15. The Law of Occupation Background Information
16. FM 27-10 The Law of Land Warfare Ch. 6: OCCUPATION para. 366
17. Territorial Cession after War and the End of Military Government
18. Our inquiry to the US government –– What are you doing?
19. Does Taiwan Meet the Criteria to Qualify as an "Overseas Territory of the United States"?
20. Why Isn't the US Flag Flying Over Taiwan?
21. A new recognition of the United States of America
The conclusion reached by the Washington D.C. legal counsel can be stated in one sentence: Taiwan is "occupied territory of the United States of America."
Based on these findings, the ROC is best described as "a government in exile." In other words, the ROC has "effective territorial control" over the areas of Formosa and the Pescadores, but not sovereignty.
The fact that the ROC does not have sovereignty over the areas of Formosa and the Pescadores can be easily confirmed by considering the following well known facts ––
- When the ROC was founded in 1912, Taiwan was part of Japan.
- According to the Article 4 of the ROC Constitution, there has to be a resolution of the National Assembly in order to change the national boundaries.
- In regard to the supposed incorporation of Taiwan into ROC territory after WWII, there is no resolution of the National Assembly on record.
- In the San Francisco Peace Treaty of April 1952, Japan renounced all right, title, and claim to Formosa and the Pescadores. However, no receiving country was named for this territorial cession.
- In regard to the disposition of Taiwan, the Sino-Japanese Peace Treaty of August 1952 reconfirmed the terms of the San Francisco Peace Treaty.
Hence, whether under international law or ROC law, Taiwan is not ROC territory. Native Taiwanese persons are not correctly classified as "ROC citizens." Moreover, the ROC Constitution is not the "organic law" of the Taiwan cession.
With the coming into force of the San Francisco Peace Treaty (SFPT), Taiwan has remained under the jurisdiction of the principal occupying power as an interim status condition. In slightly more technical terminology, this means that United States Military Government (USMG) jurisdiction over Taiwan is still active.
If you think about it, it makes sense. Consider the following ––
Most importantly, what do these research findings mean to the Taiwanese people? Well, first we must point out that a "clarification of the status quo is not a change to the status quo." With the recognition that USMG jurisdiction over Taiwan is still active, we can move forward to achieve the following objectives under US administrative authority ––
- Passports for native Taiwanese persons to be issued by the Dept. of State (As stated above, native Taiwanese persons are not correctly classified as ROC citizens. Under US law, the default nationality for native persons in conquered territory after peace treaty cession, and without any action by the Congress, is US national non-citizen)
- Recognition as the sixth major US overseas territory (after Puerto Rico, Guam, American Samoa, American Virgin Islands, and the Northern Mariana Islands)
- Visa free travel to the USA
- Improved economic relations with the USA, equivalent to (or surpassing) the much sought for "Free Trade Agreement"
- Name rectification as Taiwan
- A new Taiwan constitution
- A new Taiwan flag and new Taiwan seal
- Improvement in consumer rights across the board
- Improved Taiwanese agricultural policies
- Improved protections against unscrupulous real estate companies
- Entrance into the World Health Organization as an associate member under the USA
- More efficient administration of the National Health Insurance system
- Continuance of membership in the World Trade Organization as a separate customs territory
- No liability for US federal income taxes by Taiwanese persons, US citizens, or foreigners in Taiwan (ditto for "juridicial persons")
- Improvement and streamlining of the Taiwan tax structure
- "National defense" responsibilities for Taiwan handled directly by the Pentagon
- End of military conscription in the Taiwan area
- Dismantling of the 850 missiles which the PRC has pointed at Taiwan
- Improved law enforcement against illegal smuggling and immigration from the PRC
- Improved human rights protections for all workers
- Reorganization of the Taiwan court system under the US model, while maintaining the strengths of the current system
- Reorganization of the Taiwan educational system under the US model, while maintaining the strengths of the current system
- Expanded use of the English language in Taiwanese schools, society, and in the government bureaucracy
- Reorganization and retraining of the Taiwanese police force
- Implementation of the "Three Links" at an early date
- Full establishment of Taiwan as an Asian Pacific Regional Operations Center, with a resulting infusion of much new foreign investment
As for US citizens and foreigners in Taiwan, the WISHLIST for legal rights in Taiwan on the forumosa.com/taiwan/ website is a very interesting thread, and it certainly seems most likely that 95% of the items listed in there which are suitable to Taiwan's status under US jurisdiction can be achieved.
See WISHLIST for legal rights in Taiwan
For those who are somewhat confused by how the recognition of direct military occupation by the US will affect the lives of other persons in Taiwan, it may be stated that for 95% of the "expatriates" there will be little change in the normal run of daily activities.
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22. Military Jurisdiction and the Taiwan status question
23. Resolving the Political Status of Taiwan through the US Court system
24. Legally manageable criteria for adjudicating this case
25. Curious Events and Contradictions
26. Formosa Betrayed
27. The Status Quo in the Taiwan Strait as defined by the US Constitution
28. Statement by Cheng Kuang Chen San Jose, California
29. Comments on the Lawsuit
30. News-site Coverage beginning Nov. 2007
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Taiwan Nation Party
Taipei, Taiwan
and
Taiwan Defense Alliance
Taichung, Taiwan
and
Taiwan Civil Democratic Party
Gaoxiong, Taiwan
For more information, contact:
tda.taiwan@gmail.com
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