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'Territorial sovereignty'
　

President Chen Shui-bian writes in his Op-Ed column "Beijing's 'one China'" (Tuesday) that "Taiwan is a sovereign, independent, peace-loving, and democratic country; its sovereignty rests in its 23 million people." However, Mr. Chen's knowledge of international law is faulty. On Oct. 25, 2004, when Secretary of State Colin Powell announced, "Taiwan is not independent. It does not enjoy sovereignty as a nation," he obviously was not speaking of the commonly discussed notion of "popular sovereignty," whose main tenet revolves around the people being able to elect their own representatives to the government. Mr. Powell was speaking of "territorial sovereignty." Importantly, Mr. Powell knows that territorial sovereignty is held by a government; it is not held by the people.

At the surrender ceremonies for Japanese troops in Taiwan on Oct. 25, 1945, officials of the Republic of China (ROC) announced "Taiwan Retrocession Day," saying that the territorial sovereignty of Taiwan had been transferred to the ROC on that day. However, the Allies did not recognize any such transfer, and indeed, such an "interpretation" is a violation of international law. Under international law, Oct. 25, 1945, only marked the beginning of the military occupation of Taiwan. The United States is the principal occupying power, and the Republic of China is a subordinate occupying power. When ROC officials moved their central government to occupied Taiwan in December 1949, the ROC became a government in exile.

In the San Francisco Peace Treaty of April 28, 1952, the territorial sovereignty of Taiwan was not awarded to China (neither the ROC nor the People's Republic of China). Hence, Taiwan remains occupied territory. The position of the ROC on Taiwan is as stated above: (1) a subordinate occupying power, beginning Oct. 25, 1945, and (2) a government in exile beginning mid-December 1949. As such, the ROC exercises effective territorial control over Taiwan, but not sovereignty.

Unfortunately, the U.S. State Department has kept all of these facts hidden from the American public and members of Congress for more than 50 years. It is high time that executive branch officials admit that under the provisions of the Senate-ratified San Francisco Peace Treaty, Taiwan is "an overseas territory under the jurisdiction of the United States of America."

ROGER C. S. LIN

Taipei, Taiwan