Are you for or aganist the issue of Taiwan's participation in United Nations?

Question

As we know, the conflict between Washington and Taipei deteriorates because of the issue of Taiwan's participation in U.N.. Obviously, Bush is aganist it. Nevertheless, U.S.A. is a free country, and everyone has the freedom to express their own opinions; therefore, I want to ask whether you are for or not.
And we all realize that there was a jet flying above New York, trying to let every citizen know that there is still an independent country which is not allowed to take join in the U.N. because of the barbaric opperssion from China. Therefore, as Americans, guards of justice, do you think that whether Taiwan has the right to become one of the members of U.N.? Just like what Taipei said: U.N. for Taiwan?

Answer 1

In order to answer this question intelligently, one first needs to examine the status of the Republic of China government in Taiwan.

Here are the answers to five common questions which people ask about the ROC on Taiwan --
Q: Is it a state?
A: No.

Q: Is it sovereign?
A: No.

Q: Is its government the representative of the Chinese people (i.e. the people of what is now regaded as the Peoples Repubic of China)?
A: No.

Q: Has its status changed since popular elections were held for President in 1996?
A: No, it is still a government in exile.

Q: If Taiwan is occupied territory, who is the occupying power?
A: The USA, as fully confirmed by Article 23a of the SFPT.

The key to understanding the international legal position of Taiwan, and the position of the "Republic of China," is to examine all relevant issues from the perspective of the laws of war of the post-Napoleonic period.

Accordingly, we can see that the surrender ceremonies for Japanese troops in Taiwan on Oct. 25, 1945, mark the beginning of the military occupation of Taiwan.

Considering the situations of California, New Mexico, Utah, etc. in 1847 (Mexican American War), and the situations of Puerto Rico, Guam, the Philippines, and Cuba in 1898 (Spanish American War), and other situations of war in the 1800s and 1900s, it is clear that the "conqueror" is "the occupying power." Since the military occupation of a particular area can be delegated to co-belligerents ("allies"), this is more correctly referred to as "the principal occupying power."

The areas of "Formosa and the Pescadores" (aka Taiwan) had been ceded to Japan in the 1985 Treaty of Shimonoseki. After the Dec. 8, 1941 US Declaration of War against Japan, all military attacks against the four main Japanese islands and (Japanese) Taiwan were conducted by US military forces. The United States is the "conqueror" and will be the principal occupying power.

Although Chiang Kai-shek ostensibly accepted the surrender of Japanese troops in Taiwan on behalf of the Allies (based on the provisions of Gen. MacArthur's General Order No. 1 of Sept. 2, 1945), the ensuing military occupation of Taiwan is being conducted on behalf of the principal occupying power -- the United States of America. This is a principal-agent relationship.

Hence, in relation to Taiwan, as of October 25, 1945, the ROC (under Chiang Kai-shek) is a subordinate occupying power. The United States is the principal occupying power. United States Military Government (USMG) jurisdiction over Taiwan has begun as of this date.

In December 1949, high officials of the ROC fled to occupied-Taiwan to become a government in exile.

There has been no change in this status to date. Hence, at the present time, the ROC in Taiwan is (1) a subordinate occupying power, beginning Oct. 25, 1945, and (2) a government in exile, beginning December 1949. Under the laws of war, the ROC has effective territorial control over Taiwan, but not sovereignty.

The world community was confused for so many years because the ROC was recognized by the United Nations as the sole legitimate government of China up through Oct. 25, 1971, and recognized by the United States as the sole legitimate government of China up through Dec. 31, 1978. (The Soviets recognized the PRC as the sole legitimate government of China in 1949, and the British followed very quickly in Jan. 1950. France followed in 1964.)

The PRC cannot claim the sovereignty of Taiwan based on the "successor government theory" because the ROC never had it in the first place.

Importantly, for anyone interested in promoting liberty and democracy throughout the world, it is necessary to recognize an established point of international law which says that there are no actions which a "government in exile" can take in order to enable it to become the legally recognized government of its current locality of residence.

Hence, despite the strides taken toward democratic development by the ROC in Taiwan, the world community is still unable to recognize it as a sovereign state. Moreover, the post war peace treaty did not award the territory of "Formosa and the Pescadores" to the ROC.

In summary, the areas of "Formosa and the Pescadores" (aka Taiwan) are occupied territory of the United States of America. The United States of America is the principal occupying power, as confirmed in Article 23a of the San Francisco Peace Treaty of April 28, 1952. Moreover, the fact that United States Military Government jurisdiction over "Formosa and the Pescadores" is active is fully confirmed by Article 4b of the SFPT.

It is an established point of the laws of war that for a territorial cession after war, the military government of the principal occupying power does not end with the coming into force of the peace treaty, but continues until legally supplanted.

The US Department of State is still not willing to admit the truth in regard to Taiwan's status. The SFPT contains the full specifications, and (according to Article VI of the US Constitution) is part of the supreme law of the land.

Hence, at the present time, to allow Taiwan to enter the United Nations would be a violation of the US Constitution.

The ROC must first be expelled from Taiwan, and then the Taiwanese can take the necessary steps to form their own "civil government" under US administrative authority.

Answer 2

Taiwan in my opinion is no longer a part of China. Taiwan has proven itself to be a friend of the United States when China was not. Taiwan takes a position much like Japan in that it is Asian but not identified with China's government. At some point the UN will need to accept every country it can in order to stay alive as it is a dieing in the process at this point. The UN is the closest thing we have going to a world government. If every nation was allowed in the UN with power according to rank by population, area or what have you a world government could emerge that is beneficial to every country without forcing any country to change its politic. Yes, Taiwan should be allowed in the UN, not only as another sovereign nation but also as a friend of the USA.

Answer 3

no to taiwan in U.N. If they were admitted into U.N. as an independent country the next thing that would happen would be requesting the u.s. to leave Taiwan. If we left Taiwan, China would immediately invade and take over. Taiwan is not capable of defending itself against a takeover from china. I am not so sure that just giving Taiwan to China would be such a bad idea. Remember, the Brits gave Hong Kong Back to them, and Hong Kong is still as independent as ever.

Answer 4

It is my strong opinion that Taiwan has the right to be in the UN.
The problem is, that China is virtually a superpower and will not allow Taiwan in. If Bush is against Taiwan's entry into the UN (which actually I don't know) it would almost certainly be because this would cause major problems with China, not because he doesn't want Taiwan in the UN. Taiwan is, after all, an ally.
The balance between justice and practicality can be very frustrating.

Answer 5

Good question!!! But, isn't that a moot question? Taiwan needs to be free from China, even before it can stand independently as a member of the UN. I want Taiwan to stand independently, and apart from China. But, they still don't yet have the clout, or the Independence that they need to be a member of the UN.

Answer 6

Most Americans have been educated in government schools run and staffed by left wingers. They are unaware that Taiwan (formerly Formosa) was once part of China. China went communist due to the negligence of President Harry Truman. He did not see the Communist threat until it was too late. He left office in disgrace but his reputation has been reborn with the aid of our left wing media and teachers. When America is weakened further and China is stronger, they will take Taiwan and I fear the rest of the world eventually.

Answer 7

The UN symbolizes nations coming together to make agreements and solving problems. Whatever happens, I think Taiwan should have the right like all other nations.

Answer 8

You must be an independent, sovereign nation to gain admittance to the U.N.

Taiwan is neither of them, it is a heavily fortified, and armed island off the coast of China, which is still part of China.

Answer 9

Taiwan belongs to China - this is unquestionable. It is not an independent country; so any talk about joining the UN is riduculous and impossible.

Answer 10

I think it would be awesome for Taiwan to enter the United Nations, that would be a big step to remove opression from China, go Taiwan!!!