Download 3-CatTerr_excer

Chart 1
Date
the legal status of Cuba territory
1898.07.17
An independent customs territory under USMG on
Spanish soil.
Unincorporated territory under USMG. In other words:
1899.04.11 a quasi-trusteeship under military government within
the US insular law framework.
How does the above analysis relate to Taiwan? We can use the example of an
island under military occupation and build a “model” which will help us to more
thoroughly understand the complications of Taiwan history from mid-1945 to the
present.
- -----------With the surrender of Spanish troops, the United States found that its military forces
were busy with other duties in the Caribbean area, and so it delegated the military
occupation of Cuba to Venezuela. Initially, our chart will be changed as follows:
Territory/Country/Area being put under control of foreign military forces:
[TERRITORY1]
1) Original sovereign of the Area/Territory: CN1-OS [ORIG-SOV]
2) Conqueror of the Area/Territory: CN2-CO [CONQUEROR]
3) Nation exercising day to day administration: CN3-DD [DD ADMINISTRATOR]
Administrator original regime DD
COUNTRY3/OG
COUTRY3/NG
Direct control or delegated control: DIRECT or DELEGATED
4)
Chart 2
Date
the legal status of [TERRITORY1]
Surrender
date of
local
troops
An independent customs territory under
USMG on [ORIG-SOV] soil.
Coming
Unincorporated territory under USMG. In
The legal status of
[COUNTRY3/O-GOV] on
[TERRITORY1]
a subordinate occupying power
under USMG
a subordinate occupying power
into force
of Peace
Treaty
other words: a quasi-trusteeship under
military government within the US insular
law framework.
under USMG
Comments on Chart 2: Indeed in this example, it can be specified that the troops of
[COUNTRY3/O-GOV] accepted the surrender of [ORIG-SOV] troops in [TERRITORY1],
however, that does not elevate [COUNTRY3/O-GOV] to the position of (principal)
occupying power in [TERRITORY1]. Under the laws of war, the conqueror has the
jurisdiction over the territory and must take charge of the military occupation and
necessary rebuilding. The troops that accept the surrender do not gain any special
legal advantage in regard to the disposition of the territory. In other words, the
conduct of the surrender ceremonies can be delegated to allied troops. Such
delegation does not change the fact that conqueror is the (principal) occupying
power.
Further Specifications: Now let’s add in the specifications that (1) upon accepting the
surrender of [ORIG-SOV] troops in [TERRITORY1], the [COUNTRY3/O-GOV] military
officers proclaimed that [TERRITORY1] was a long lost territory of [COUNTRY3/O-GOV
country] and was as of this day reincorporated into [COUNTRY3/O-GOV] national
territory. Henceforth, they announced this day would be celebrated as “TERRITORY1
Retrocession Day.” (2) The originally existing government of [COUNTRY3/O-GOV
capital city], was overthrown in the fall of 1898, and a new government,
[COUNTRY3/N-GOV] was founded on Oct 1, 1898.
(3) Remnants of the old regime fled to [TERRITORY1] and announced the
establishment of a provisional capital in [TERRITORY1 capital city] effective Dec 10,
1898. Concurrently the [COUNTRY3/N-GOV] officials in TERRITORY1capital city
proclaimed themselves to be the legitimate government for all of COUNTRY3.
We can readjust our chart as follows:
Chart 3:
Date
the legal status of TERRITORY1
The legal status of
COUNTRY3/O-GOV in
TERRITORY1
An independent customs territory under
USMG on ORIG-SOV soil, with
1898.07.17
administrative authority for the military
occupation delegated to the COUNTRY3.
(1) a subordinate occupying power
under USMG
An independent customs territory under
USMG on ORIG-SOV soil, with
1898.12.10
administrative authority for the military
occupation delegated to the COUNTRY3.
(1) a subordinate occupying power
under USMG
(2) a government in exile
Unincorporated territory under USMG. In
other words: a quasi-trusteeship under
1899.04.11
military government within the US insular
law framework.
(1) a subordinate occupying power
under USMG
(2) a government in exile
Comments on Chart 3: Of course, the surrender of military troops is primarily a
convenient point in time to mark the beginning of the military occupation, and under
international law “military occupation does not transfer sovereignty.” Hence, the
announcement of Territory1 Retrocession Day is totally illegal and therefore invalid.
Furthermore, by moving outside of Country3’s national territory, the
Country3/O-Gov have become a government in exile. Their proclamation that they’re
still the lawful government of Territory1 is ridiculous.