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The essential paradox of the "Taiwan question" is that the US continually asserts that "Taiwan does not enjoy sovereignty as a nation .... " and yet the US sells military hardware to the ROC government on Taiwan. (At the same time, under the Taiwan Relations Act, the moniker of "Republic of China" is not recognized under US law after Jan. 1, 1979) ..... How can these contradictions be resolved? WHAT IF Taiwan is actually a (long-lost) overseas territory of the USA? THEN, under the "common defense" clause of the Constitution (Art. 1, Sec. 8) sales of military hardware to the ROC on Taiwan would be illegal! Is it possible to advance such an argument? Well, a group of Taiwanese people have done (almost) exactly that, asserting that they have fundamental rights under US laws, including the Constitution, in a new lawsuit in a Washington D.C. federal court. A summary of the lawsuit is here If this case is resolved successfully, the Taiwanese can also have a new Constitution, new flag, new territorial seal, etc. under US administrative authority.

I find the arguments that America has some kind of lingering occupational authority over Taiwan fascinating from a purely intellectual point of view. I try to read them whenever I can.


From a purely practical point of view, I'm pretty sure that the arguments will be laughed out of any court that hears them. I know you're devoting a part of your life to this, so it pains me to say that I think you're deluding yourself about your chances for success.

Regarding this new lawsuit which claims that Taiwan is "an overseas territory under the jurisdiction of the USA," there is now a good thread going on the interactive website. Please see --

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