b.bbi.tw/PublicIssue/1Jdj-wXt.html Have you heard of Taiwan? Do you know Taiwan? Hey,dont confuse Taiwan with Thailand,they are different. Taiwan is a big island located at the west side of the Pacific ocean,southeastern corner of the Peoples Republic of China (PRC),between Japan and the Phillipines.There is a group of islets called the Pescadores on its left. The size of Taiwan is about 30,000 square kilometers.Since its quite young from the geological perspective,Taiwan has not only blue oceans,but also spectacular mountains.In fact,the highest mountain in eastern Asia,the Mountain Jade,sits right on Taiwan. Besides splendid natural landscapes,23 million residents of Taiwan are famous for their friendliness and warmth. In many tourists eyes,besides the sky-high Taipei 101 and sightseeing spots,the peoples of Taiwan are the most unforgettable. Certainly,Taiwan dont have a great land or a great population. However,Taiwan is not only one of the top 20 economic body, but also a factory of many MIT high-tech productions.To be frankly,if Taiwan disappear,this world might actually fall into chaos. However, such a impressive place, whether from the aspects of nature,social or economical development, cannot have a place it deserves on the international stage. You may have heard of statements like Taiwan is an inalienable part of China. or Taiwan is an independent sovereign state and its name is the Republic of China (ROC) These two statements are made by two governments of China, i.e,the PRC government and the ROC government,respectively. In other words,no matter who the speaker is,Taiwan is considered as a part of Chinas territory.The only different is either the government of China the Chinese communist government ruled by Xi Jingpin,or the KMT government ruled by Ma,Yin-Jeou. However, from the perspective of international law,neither the ROC nor the PRC has legal sovereignty over Taiwan. Hence, both statements made by the ROC and the PRC are lies. Furthermore,if we believe and accept these lies,Taiwan will definitely be unified by China,by the Peoples Republic of China. Should Taiwan be swallowed by the PRC,it will be a great treagdy to all peoples of Taiwan and a great treagdy of the whole world as well. Why we said that from the perspective of international law, neither the ROC nor the PRC has legal sovereignty over Taiwan? To answer this qeustion, we must review the history. In 1895 A.D., Japan defeated Ching Dynasty of China. The losing Ching Dynasty signed the Treaty of Shimonoseki with Japan, and transferred its sovereignty over Formosa (i.e. Taiwan) and the Pescadores to Japan. Since the Treaty of Shimonoseki is a legal valid international treaty, the sovereignty of Taiwan and the Pescadores were legally transferred to Japan. In 1945 A.D., the WWII causing Japan was defeated by the Allies. The Republic of China, one of the winning Allied Powers, accepted surrender of Japanese forces in Taiwan and the Pescadores and govern Taiwan and the Pescadores in accordance with the General Order No.1 issued by the United States, the representative country of western pacific zone of the Allies. Although Japan was defeated, since the transfer of territorial sovereignty must be made with legal international treaty,Taiwan and the Pescadores were still territories of Japan and residents living there were still Japanese nationals. However, the government of the Republic of China governing Taiwan and the Pescadores then vioated the rule of international law, granted nationality of the ROC to the residents of Taiwan and the Pescadores, who still had Japan nationality, forced they to acquire double nationalities, took the materials and industrial equipment as its property and shipped these materials and properties to China to support its war agasin the Chinese Communist Party. In 1947 A.D., due to the great disappointment of residents of Taiwan and the Pescadores caused by the evil deeds committed by the governing ROC, a small dispute between an official and a citizen escalated to the 228 masacare, more than 20,000 people of Taiwan were killed in front of the guns of the ROC. Its worthy of mention that at that time, residents of Taiwan still owned nationality of Japan. Hence, what the governing ROC government did was equal to killing captives, which is a serious violation of the law of war. Sadly, due to the fact that the world was trapped in the post-war battle between capitalism and communism, the suffers endured by the Taiwan residents were not fairly compensated. Even now, legal recourse of the ROCs liabilities of killing captives were not pursued, and the memorial hall of the chief criminal, Chiang Kai-Shek, even become a famous tour spot, and the Chungcheng road, Jieshou road that can be seen in almost all cities in Taiwan are heart breaking sarcasms. But, the disaster Taiwan and the Pescadores encountered didnt end here. In 1949 A.D., the unpopular ROC was defeated by the Chinese Communist Party and its capital, Nanking, was taken over, and the Peoples Republic of China was established in that year. The central government and 2 million refugees of the ROC fled to Taiwan and the Pescadores, which were still Japanese territories. At that time, the only legal territories of the ROC under its controlled were Kinmen and Mazu. This is still true, even now. To survive, the terrified ROC government put curfew on Taiwan and the Pescadores, which were still Japanese territories, and framed and killed anyone who dared to doubt the ROC. The lie of the ROC is the country of residents of Taiwan and the Pescadores were filled into the brains of residents of Taiwan and the Pescadores under a circumstance, where only a few had the guts to tell the truth and faced the death. The incorrect national identity of the residents of Taiwan and the Pescadores were shaped since then. In 1951 A.D., since the end of the ROC, which was a member of the anti-communism team, seemed inevitable, and its role on the international stage would soon or later be replaced by the Peoples Republic of China, to prevent Taiwan and the Pescadores from falling into the hand of the communism countries, in the San Francisco Peace Treaty (SFPT) which put an end to the war between Japan and the Allies (except China), Japan simply renounced all of its right, title and claim to Taiwan and the Pescadores without converying their soverignty to any country. Taiwan and the Pescadores, the original territory of Japan, then fell into the status of soverignty undetermined since the day on which the SFPT became effective. According to Paragraph 2, Article 1 of United Nations Charter, the right to decide the soverignty of Taiwan and the Pescadores fell into the hand of the residents of Taiwan and the Pescadores. As for the Treaty of Taipei (Sino-Japanese Peace Treaty) signed by the ROC government and Japan on the effective date of SFPT, which entered into force later after exchange of note, Japans renouncement of its right, title and claim to Taiwan and the Pescadores were expressly recognized. Although the ROC government repeatedly claims that the sovereignty of Taiwan and the Pescadores were transferred to the ROC in the Treaty of Taipei, since Japan had had lost every rights to Taiwan and the Pescadores when the Treaty of Taipei became effective, Japan had no qualification to transfer the soverignty to Taiwan and the Pescadores to the ROC. Consequently, while the ROC could sign the Treaty of Taipei with Japan as the representative of Chian to end the war between China and Japan, it didnt acquire the sovereignty of Taiwan and the Pescadores. Furthermore, while it was stipulated in Artilce of Treaty of Taipei that all treaties, conventions and agreements concluded before December 9, 1941, between China and Japan have become null and void as a consequence of the war, and it seems that the Treaty of Shimonoseki should become null and void as well. However, since it was deliberatedly recognized that Japan did not transfer the sovereignty of Taiwan and the Pescadores to any country, the sovereignty of Taiwan and the Pescadores then became an exception. Consequently, even if the Treaty of Shimonoseki was null and void, the legal status of the sovereignty of Taiwan and the Pescadores is undetermined is not changed. Even when Japan establish its relation with the PRC and recognized the PRC government the only legitimate government of China and abolished the Treaty of Taipei, the Japanese government reaffirmed that it had had renounced its right, title and claim to Taiwan and the Pescadores,consequently, it could not recognize but acknowledge the PRCs claim about the soverignty of Taiwan and the Pescadores. Hence, till now, the sovereignty of Taiwan and the Pescadores is still undetermined. The ROC still governs Taiwan and the Pescadores as the post-war military government. And the peoples of Taiwan and the Pescadores still have the right to decide the future of the soverignty of Taiwan and the Pescadores by exercising their right of self-determination in accordance with Paragraph 2, Article 1 of the Charter of the United Nations. Regarding the issue of the exercise of self-determination right of the peoples of Taiwan and the Pescadores, you might have heard the ROC governments statement, which says that The people of Taiwan have participated may elections to choose the leader of the ROC, hence, the people of Taiwan have choosed the ROC as their country by self- determination. This is a lie. Thats because, before the peoples of Taiwan and the Pescadores had the right to vote the president of the ROC in 1996, the ROC government had had brainwashed the peoples of Taiwan and the Pescadores by education and suppressing secret revealing voices and opinions challenging the ROCs right to Taiwan and the Pescadores. Hence,the peoples of Taiwan and the Pescadores participated the presidential election under the incorrect understanding of the ROC is my country. If we admit that the choice made by the peoples of Taiwan and the Pescadores is the exercise of self determination right, we literally admit that one should be responsible for the decision he made under deception. This is certainly unjust, isnt it? Besides, when one exercise his right of self-determination, he must clearly understand that he is deciding the receiver of the soverignty,and the options he sees must provide different receiver of soverignty,such as two different countries. However, when the peoples of Taiwna and the Pescadores participated in the elections of the ROC, we didnt think that they were deciding the receiver of soverignty, we were simply choosing the public servant to serve the people. In other words, the peoples of Taiwan and the Pescadores didnt participate the election to choose the receiver of soverignty but to decide who should handle various affairs in our daily life. Since the elections the peoples of Taiwan and the Pescadores participated didnt have the title of self-determination to choose the receiver of soverignty and the options offered had nothing to do with the receiver of soverignty, they certainly cannot have any effect of self-determination. Therefore, although the ROC frequently says that the peoples of Taiwan and the Pescadores have exercised the right of self-determination by participating elections and chosen the ROC as their country, this is merely sophistry. If we accept this argument, it literally means that: if we choose someone as the housekeeper of our house many times,our house will become the housekeepers. Apparently, this is ridiculous, isnt it? So, we believe now you understand that: 1st. the soverignty of Taiwan and the Pescadores is still undetermined.Neither the PRC, nor the ROC owns it. 2nd. The ROC currently governing Taiwan the the Pescadores simply manages Taiwan and the Pescadores in accordance with the order issued by the Allies after the war. 3rd. Since Japan, the original owner of the soverignty of Taiwan and the Pescadores, had had renounced its right, title and claim to Taiwan and the Pescadores, the residents of Taiwan and the Pescadores shall have the right to decide the sovereignty of Taiwan and the Pescadores by exercising self-determination right in accordance with the provision of the United Nations Charter. 4th. Peoples of Taiwan and the Pescadores elected the president of ROC simply to choose the public servant to serve the peoples of Taiwan and the Pescadores. We were not exercising our self-determination right to decide the receiver of soverignty,and the the ROC government did not acquire legal soverignty to Taiwan and the Pesacadores as a result, either. So, why do we, as the residents of Taiwan and the Pescadores,tell you these? Thats because the future peace of the world is seriously threatened. The PRC tried everything to make the global community to recogniza Taiwan and the Pescadores as its legal territory, a part of China. As for the ROC government,after it stop fightingfor the place of legitimate government of China, it enhances the One China trap,One China,different explanation with the PRC,and plans to make the land and peoples of Taiwan and the Pescadores impossible to escape from being swallowed up by China. Maybe you think that its not a big deal for China, Taiwana and the Pescadores to unify.However, even if we put aside the Taiwan and the Pescadores impact on the global economy, the tactical values of Taiwan and the Pescadores in the Asian-Pacific region cannot be overlooked. Whether from the view point of land size, population, or economic scale, Taiwan and the Pescadores are incomparable to China, then why PRC tries so hard to get Taiwan and the Pescadores? The irreplacable tactical position of Taiwan and the Pescaodres is the answer. Once Taiwan and the Pescadores fall into the hand of the PRC, they will become its unsinkable aircraft carrier.Any flights and ships passing by eastern Asia,no matter where is their destination, be it Japan, South Korea,Indonesia, Australia, Vietnam,Thailand,Malaysia,Singapore, or India, they are all under the control of this aircraft carrier. More important is that, the Pacific Ocean is on the east of Taiwan.With Taiwan in hand,it couldnt be easier for the PRC to streach its military force into the Pacific Ocean. The battle between capitalism and communism may be over, but a hostile great power that is unfriendly to its neighbors has arouse in Asia. Once Taiwan and the Pescadores fall into the hand of this great power,it will certainly become more arrogant and despotic, and become a greater threaten to surrounding countries and the world peace. On the other hand,if its ambition to annex Taiwan and the Pescadores can be stopped,Taiwan and the Pescadores will certainly become a palisade against this tiger and help to world to maintain long-term peace. Based on our understanding about the legal status of Taiwan and the Pescadores and the hope for the peace of Asia and the world, as residents of Taiwan and the Pescadores who know the truth,we hereby make the following five requests to the world: 1st.Publicly condemn the ROC government for it failed to performe its duty as the military government under commission, ie.failed to help the peoples of Taiwan and the Pescadores to complete the true procedure of self-determination. 2nd.Pass a resolution in U.N. to terminate the post-war government of the ROC government over Taiwan and the Pescadores. 3rd.Send UN Peacekeeping force to Taiwan, and help peoples of Taiwan and the Pescadores to establish a new country by exercising our right of self-determination. 4th.Make the U.N. accepts the new country established in Taiwan and the Pescadores as the member of U.N. 5th.Since the PRC claims that it owns the sovereignty of Taiwan and the Pescadores, its certainly an interested party in respect of the sovereignty issue of Taiwan and the Pescadores.According to the principle of recusal, the PRC may not exercise veto in any related decisions of U.N. We hope all countries that mind and care human rights, justice, and world peace can help peoples of Taiwan and the Pescadores to truely exercise our right of self-determination and establish a legal sovereignty state that can participate in every international orgnizations as a official member. Whether world peace can be kept depends on whether the world can control China. Whether the world can control China depends on whether Taiwan and the Pescadores can get rid off China. Whether Taiwan and the Pescadores can get rid off China, depends on whether Taiwan and the Pescadores can establish a country by turely exercise right of self-determination. Please help us,for a beautiful future of your country and world peace.
Posted on: Sat, 20 Sep 2014 12:09:47 +0000
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