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The Sixth Major US Overseas Territory
by Roger C. S. Lin (centrist)
About The Author
Dr. Roger C. S. Lin has a Ph.D. in international law from Meijo University, Nagoya, Japan. He has done extensive research into military jurisdiction under the US Constitution, the laws of war, the Hague and Geneva Conventions, the customary laws of treaties, and the Insular Cases of the US Supreme Court. Dr. Lin has served as Chairman of the Taiwan Civil Democratic Party, and currently lives in Taipei, Taiwan. About The Column
In the current debates on the "limits" of democratic development in Taiwan, and how far the US government should go in "supporting" Taiwan's participation in international organizations, two crucial facts are always overlooked: (1) Taiwan has never been incorporated into the territory of the Republic of China, and (2) there is a coherent argument under US constitutional law to say that Taiwan is actually a overseas territory under the jurisdiction of the United States. This column will use many different angles and perspectives to investigate the truth of Taiwan's status in the world today.
Taiwan's international legal position: A Defining Moment?
Published: January 21, 2008
Many people claim that Taiwan is independent, others say that it is a part of China. However, in the last few years a third explanation has emerged, and it is gaining more and more adherents. Under this explanation, since 1952 Taiwan has actually remained under the jurisdiction of the military arm of the US government.
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