Going west foe what on Nov 13, 2004

Going west' threatening Taiwan's sovereignty

By Huang Tien-lin  

During his interview with Phoenix TV in Beijing on Oct. 25, US Secretary of State Colin Powell said that "Taiwan is not independent. It does not enjoy sovereignty as a nation. We do not support an independence movement in Taiwan." He also said that Taiwan and China "should look for ways of improving dialogue across the Strait and move forward toward a peaceful unification." His abrupt remarks stunned political observers in Taiwan.

Looking back at the matter, what we cannot understand is: First, was it a slip of the tongue? If it was, what was Powell's understanding of Taiwan's situation that led to the mistake? Was the ideal of unification deeply embedded in his subconscious? Second, if his statement was a result of pressure from Beijing, why has this pressure grown to such an extent that it has made Powell deny Taiwan's sovereignty and future self-determination?

No matter how we interpret these points, Powell's words have already hurt the Taiwanese people, and given us an important warning sign. The public should consider why more and more foreign friends and governments are leaning toward China, insisting that Taiwan is not an independent sovereign state and that the two sides of the Taiwan Strait will eventually unite.

I believe that Powell's comments were a natural response to what he has seen and heard. Since he took office four years ago, he must have taken note of the booming cross-strait economic exchanges and the massive number of the Taiwanese businesspeople operating in China.

Taiwanese businesspeople outnumber their US counterparts in China, and 3.8 million and Taiwanese visit China every year, which also exceeds the number of US visitors. "China fever" remains, despite the more than 600 missiles China is aiming at Taiwan. Although ideas such as "one county on each side [of the Strait]" and Taiwan's UN membership bid are occasionally discussed, they are not taken seriously, because the Taiwanese people are unable to cut the umbilical cord between themselves and China.

The fact is that the frequent cross-strait exchanges have overshadowed Taiwan's insistence on its sovereignty, because it often sacrifices its sovereignty for the sake of business interests. Day after day, these facts have delivered a message to our foreign friends: "The two sides will unify, and they are moving in this direction."

In his interview with CNN, Powell clearly expressed foreigners' view on cross-strait relations by saying that "We want to see both sides not take unilateral action that would prejudice an eventual outcome, a reunification that all parties are seeking." His words "that all parties are seeking" prove that, in his mind, the two sides are making efforts toward unification.

In January 2001, William Kirby, the director of the Harvard University Asia Center, told Newsweek magazine that Taiwan is falling inexorably into the grip of Chinese economic power. He also said that there is little Taiwan can do to escape from that grip. Almost four years have passed since Kirby made these comments. China's capacity for controlling Taiwan is still growing, while Taipei is leaning toward Beijing economically. What else can we expect the US to say under such circumstances?

"Going west" has made China stronger and weakened Taiwan's economy, hampering the government's policy of "going south." Because of this trend, China's economic power will very soon be sufficient to influence US policies, while Taiwan sinks deeper and deeper. This reflects the old Chinese saying, "Human beings die in pursuit of wealth, and birds die in pursuit of food."

US holds nation's sovereignty

By Richard Hartzell

Regarding the dispute over Taiwan's sovereignty which has recently made headlines, I offer the following analysis.

Let's first consider the Cairo Declaration, Potsdam Proclamation and Japanese surrender documents. Do these have the force of an internationally binding treaty arrangement to formally transfer the sovereignty of "Formosa and the Pescadores" to the Republic of China (ROC)?

No, they are only statements of "intent." Hence, we can analyze the Taiwan sovereignty question in three steps.

Step 1: From international law it is easily seen that Oct. 25, 1945 marks the beginning of the military occupation of "Formosa and the Pescadores" by the ROC. Military occupation does not transfer sovereignty.

Step 2: When the government of the ROC fled to Taiwan in late 1949, it became a "government-in-exile." The ROC continued to exercise "effective territorial control" over this area which it was holding under military occupation.

Step 3: In the post-war San Francisco Peace Treaty and Sino-Japanese Peace Treaty, the sovereignty of Taiwan was not awarded to the ROC.

Hence, Secretary of State Powell is correct, Taiwan does not enjoy sovereignty as a nation.

So where is the sovereignty of Taiwan?

Again, we may obtain the answer in three steps.

Step 1: All attacks on Japanese fortifications and installations in Taiwan during WWII were carried out by US military forces.

According to the "customary laws of warfare in the post Napoleonic period," the US will be the principal occupying power.

Step 2: General MacArthur, head of the US military government, delegated matters regarding the Japanese surrender ceremonies and occupation of Taiwan to Chiang Kai-shek .

This is simply a "principal" to "agent" relationship.

Step 3: In the post-war peace treaties, the sovereignty of Taiwan was not awarded to the ROC, hence Taiwan remains under the administrative authority of the US military government, and this is an interim status condition. In the San Francisco Peace Treaty, Article 4b clearly states that the US military government has final disposition rights over "Formosa and the Pescadores."

In addition, Article 23 reconfirms the US as the principal occupying power.

In effect, the US is holding the sovereignty of Taiwan "in trust," and in the Shanghai Communique the US president is making arrangements for the future handover of this sovereignty to the People's Rebpublic of China, which is recognized as the sole legitimate government of China! However, at the present time, Taiwan is still under US administrative authority, and should be enjoying "fundamental rights" under the US Constitution, as in all other US overseas territories.

Based on the insular cases of the Supreme Court, (and especially Gonzales v. Williams, 1904) in regard to Puerto Rico, after the treaty cession, when Puerto Rico was under a US military government (before the promulgation of the Foraker Act, May 1, 1900) the local people were "island citizens of the Puerto Rico cession."

Hence, in Cuba, after the coming into effect of the treaty, when Cuba was under US military government (before independence on May 20, 1902) the local people were "island citizens of the Cuba cession."

In Taiwan, after the coming into effect of the San Francisco Peace Treaty, with Taiwan under the administrative authority of the US military government, the local people are "island citizens of the Taiwan cession."

Of course, the US flag should be flying. Taiwan is foreign territory under the dominion of the US, or more technically a "quasi-trusteeship of insular status under the US military government." The passport issued to Taiwanese citizens would be similar to a "trusteeship" one, and would fall under the category of "US national, non-citizen."

This is a jus soli nationality based on the US Supreme Court's insular cases, and not based on the 14th Amendment to the US Constitution.

Taiwan's citizens do not (will not) have voting rights in US federal elections.

Editorial: Seize the opportunity for peace

There are two ways to achieve peace. One of these is to bring about peace through war, but this is a zero-sum option. The other is to achieve it through peaceful means. This is a peace in which both parties will win.

China has been advocating the former to impose peace across the Taiwan Strait, whereas Taiwan has been doing its best to achieve peace through the latter method. On Wednesday, President Chen Shui-bian  proposed ten points during a high level meeting of the National Security Council, some of which were new policy proposals. These are the sum of all the efforts of the past four years of the Chen administration. The US, China and Taiwan should take advantage of the next year to try to achieve a more peaceful environment across the Taiwan Strait.

Foremost among these ten proposals for peace is the call to defuse the military tension in the Strait. This includes military cuts, a reduction in the length of compulsory military service, an assurance that there will be no development of nuclear, biological or chemical weapons of mass destruction (WMDs) and requiring China not to attack Taiwan with WMDs.

In order to avoid misunderstandings or the possibility of sparking a conflict, it was also recommended that both sides of the Strait agree on a military buffer zone. Fighter jets or warships belonging to either side should avoid entering this zone unless necessary, and if such a necessity arises, prior notice must be given to the other side. Another proposal is that a Taiwan Strait military security consultative mechanism is established, which will gradually become a "Code of Conduct across the Strait." This will be along the lines of the 1972 US-Russian Agreement on the Prevention of Incidents at Sea and the US-China Military Maritime Consultative Agreement of 1998.

In an attempt to break through the impasse in negotiations, Taiwan has tried to reduce the differences over the source of the conflict, namely the "1992 consensus" and the "one China" concept. It has made much of the spirit of the 1992 meeting in Hong Kong as a means of smoothing over differences. Taiwan is also seeking talks with China over the issues of two-way reciprocal flights that do not stop in a third place. Chen's government wants to come to an agreement over cargo flights and charter passenger flights during the Lunar New Year, using the Taiwan-Hong Kong aviation agreement as a model. This will be a turning point for direct flights across the Strait, and will make things a lot more convenient for people from both sides to travel back and forth. If this can be achieved, the establishment of the three links will be possible.

In Taiwan, the confrontation between supporters of unification and of independence has neutralized the nation's political energy. From the perspective of China and the international community, it raises a question mark about the consistency of Taiwan's policies. Therefore, prior to any cross-strait negotiations, it is important that Taiwan streamline its own position.

Chen has invited members of the opposition to participate in the formation of a Committee for Cross-Strait Peace and Development, and has stated that he has no objection to appointing a leader of the opposition as chairman, so that government and opposition can work together to formulate guidelines for the development of cross-strait peace, and actively seek to achieve stability in the Strait.

Taiwan saw Chen win a second term in March. In the US, President George W. Bush has also just won a second term, and in China, President Hu Jintao  recently consolidated party, government and military power in his hands. In all three nations, power has been confirmed, making this the best time to seek cross-strait peace.