What kind of the international relates to Taiwan sovereignty?

[OverseasAmerican]

What kind of the international law and or which
international treaty can prove that Taiwan is a
province of China?

[ ..... Below is also included an analysis of why the
commonly seen newspaper and magazine reports which say
that "the Taiwan problem" is something left over from
the Chinese Civil War of the late 1940's .......
actually serve to promote the validity of PRC claims
ot owning the sovereignty of Taiwan ........ ]

In regard to the dispute with Google, one prominent
member of the Forum asked this question: "What kind of
the international law and or which international
treaty can prove that Taiwan is a province of China?"

Answer: It is an international legal principle called
the "successor government theory." This is explained
as follows.

The people who established the PRC as a country were
the Chinese citizens in mainland China -- who were
indeed the original citizens of the ROC. Hence, to put
it another way, the ROC was put out of existence when
the PRC was founded on October 1, 1949, and then
promulgated its own constitution.

What this means is that the PRC has succeeded the ROC,
and under international law, the PRC government gains
the rights to all assets that the ROC government had.
That is the "successor government theory" applied to
the late 1940's Chinese political situation.

Is there a flaw in this argument?? Yes, there is.
The flaw is "Taiwan Retrocession Day."

If you claim that "Taiwan Retrocession Day" does not
exist ..... that October 25, 1945, was only the
beginning of the military occupation of Taiwan, then
you have a good start in defeating the "successor
government theory." Under international law,
"military occupation" does not transfer sovereignty
.......

Then additionally you have to recognize that the
territorial sovereignty of "Formosa and the
Pescadores" was not transferred to the ROC in the post
war treaty, i.e. the San Francisco Peace Treaty of
April 28, 1952. So ....... the ROC in Taiwan is a
government without a "territory" ....... or more
correctly speaking it is fulfilling the dual roles of
a "subordinate occupying power" (beginning October 25,
1945) and a "government in exile" (beginning December
1949).

Most newspaper reportage commonly repeats the claim
that the problem of Taiwan is something which grew out
of the culmination of the Chinese civil war in 1949.
However, this is totally incorrect. Importantly
however, by continually repeating this type of logic,
the news agencies are in fact bolstering the validity
of the PRC's "successor government theory" claims!!!!

Should concerned members of this Forum protest against
this??? I certainly think it would be a good idea!!!

According to my observation, the news agencies of AP,
Reuters, Dow Jones, AFP, and many others continually
include comments in their news stories about Taiwan to
the effect that "the PRC and the ROC split as a result
of the civil war of the late 1940's ...... with each
holding some portions of Chinese territory ...... " or
similar remarks.

Now do you see why this causes problems for those of
us who want Taiwan to have the right to "follow its
own path ..... " ???

In fact, this is the source of most of our problems
!!!!!