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OpEdNews Op Eds    H4'ed 11/23/09

Taiwan: Search for a Non-Chinese Identity

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Message Roger C. S. Lin

Unfortunately, such professions of "popular sovereignty find few supporters in international political circles. In Oct. 2004, when US Sec. of State Colin Powell remarked that "Taiwan is not independent, it does not enjoy sovereignty as a nation ". he wasn't speaking of popular sovereignty. He was speaking of territorial sovereignty. There is little to no correspondence between the two concepts.

Powell certainly understood that the Taiwanese people have the right to vote, to initiate referenda, to institute impeachment proceedings, etc. In other words, the US Dept. of State is fully aware that the people of Taiwan have "popular sovereignty. What the Taiwan governing authorities lack is, obviously, territorial sovereignty. As outlined above, from the close of hostilities in WWII to the present, there has been no transfer of the territorial sovereignty of Taiwan to the ROC.

"There is an old adage which says that ˜Full recognition of the problem is half of the solution,' Yue-hung Huang points out. "The fact that the ROC on Taiwan is a government in exile is an important recognition of which all people interested in the island's future development should be aware. Many academics, diplomats, and other researchers continue to write ˜Open Letters' to ROC President Ma Ying-jeou, and publish those in the local Taiwan media. They urge that he should pay more attention to issues such as the erosion of justice, significant flaws in the judicial system, and various social inequities. Granted, the observations of these so-called experts may be meaningful, but they are directing them to the wrong governmental entity and the wrong person. For all of their purported expertise in Taiwanese affairs, they still haven't come to the realization that the ROC is not the legitimate government of Taiwan.

Taiwan's Relationship with the USA

"Taiwan's central problem today is its relationship with the USA, stresses John Hsieh, CEO of the Taiwan Civil Rights Litigation Organization (TCRLO) in California. "Legally speaking, Taiwan is still occupied territory of the United States of America. Unfortunately however, there is very little knowledge of this fact on Capitol Hill. Outside of a few highly placed Defense Department officials, essentially no members of Congress or officials in the Executive Branch can offer a comprehensive explanation of the contents of the post-WWII SFPT from the perspective of the international norms concerning the conduct of military occupation.

In order to solve this problem, and at the request of some researchers with close ties to several members of the California State Senate, a report on the true legal relationship between Taiwan and the USA, entitled Who is Blocking the Sunlight in the Taiwanese Sky?, was recently compiled by the Formosa Nation Legal-strategy Association (FNLA) of Taipei, Taiwan. At slightly over 100 pages, the report offers a thorough overview of modern Taiwanese history and the complex composition of Taiwan's legal standing in the world today.

Representatives of the FNLA in Washington, D.C. are also making contact with members of Congress so that copies of this Report can be distributed more widely.

Additional publishing contacts are being sought so that this report (some portions of which are in Microsoft Word and some of which are in html format) can be compiled into both a single .pdf file and an ebook for posting on the internet.

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Dr. Roger C. S. Lin has a Ph.D. in international law from Meijo University, Nagoya, Japan. In cooperation with his associate Richard W. Hartzell, he has done extensive research into military jurisdiction under the US Constitution, the laws of war, (more...)
 
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