Submitted by Roger C. S. Lin, Sep 14, 2007 22:35

In order to discuss Taiwan's supposed "qualifying criteria" to enter the United Nations, we must first define the status quo in the Taiwan Strait.

First we must recognize that the People's Republic of China is the sole legal government of China. This was specified in the 1972 Shanghai Communique, and further reinforced when the United States broke diplomatic relations with the government-in-exile Republic of China in early 1979.

Since Oct. 25, 1945, Taiwan has been occupied territory.

There has been no change in that status to date. This is more fully explained as follows:

Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory.

When reading General Order No. 1 of Sept. 2, 1945, our analysis must proceed as follows: The military troops of Chiang Kai-shek's Republic of China are being delegated all details regarding the surrender of Japanese troops in Taiwan. The surrender ceremonies are being held on behalf of the Allies. After the surrender ceremonies, the military occupation of Taiwan begins. QUESTION: Who is the "occupying power" as spoken of in the Hague and Geneva Conventions?

The answer must be: the United States of America.

Such an analysis is fully confirmed by a thorough reading of the post war peace treaty.

As per Article 4b of the post-war San Francisco Peace Treaty (SFPT), United States Military Government jurisdiction over Taiwan is confirmed as still active. As per Article 23a of the SFPT, the United States is the principal occupying power.

In the SFPT, Japan renounced all claims over Taiwan, but no "receiving country" was named. In other words, there has been no transfer of the territorial title of the areas of "Formosa and the Pescadores" (aka Taiwan) to any governmental entity on Taiwan. Taiwan remains under the jurisdiction of the United States of America -- the principal occupying power of the SFPT.

This is the real reason why ROC/Taiwan cannot be admitted to the United Nations. In a nutshell, it is not a state.

The Republic of China on Taiwan is a (1) subordinate occupying power, beginning Oct. 25, 1945, and (2) a government in exile, beginning Dec. 1949. There has been no change in this status to date.

Note: Comments are screened, and in some cases edited, before posting. We reserve the right to reject anything we find objectionable.