Well, now, we're making progress. The real objective is finally on the table. Or is it? Assuming it is:
Bolshevik revolution of 1917
French revolution of 1789
U.S.A. revolution of 1776
I don't recall that the U.S. courts were called upon to fight those battles for those folks seeking recognition of their rights to self-determination!
Given the terms and conditions of the Order no. One and the Treaty of Peace with Japan, there is no legal basis for the United States courts to intervene in the local affairs of Formosa/Taiwan/Republic of China to effect a revolution for that populace. Seems to me y'all are going to have to band together and do it yourselves.
The ballot box can be a very powerful tool if used by folks who are properly informed about the birth of nations and who also are supported by at least a majority of the people within the boundaries of the "nation" they seek to lead to the promised land of freedom.
Last census I can find shows that the "indigenous" peoples of Formosa/Taiwan/Republic of China still occupy a majority of the populace of that "nation" and that the votes being cast by the non-indigenous population pale in comparison to the number that could be cast by the larger population.
If your problem is that you don't know how to organize and effect an election to demonstrate the will of the people, then your appeal would be to the United Nations High Commission on Refugees for assistance in that regard.
Ponderer may have more information on the topic than do I but I am unaware of any legal authority vested in the courts of the United States of America that would allow said courts, up to and including the Supreme Court, to direct an election of self-determination on an island that is outside the jurisdiction of the United States, as Formosa/Taiwan/Republic of China clearly is.
Since the surrender to the good Generalissimo, the fate of the island and the populace thereon has been in the hands of China. Nothing in the Treaty for Peace with Japan provides any basis for a unilateral change to that state of affairs; indeed nothing in the treaty establishes any basis for any of the signatories thereto to intervene into the affairs of governance of that place.
The Treaty of Peace with Japan does direct any future disputes to the United Nations.
Sorry, TaiwanCapsule, but your arguments are a capsule we cannot swallow.
I remain a bit concerned that the capsule you propose is in fact a poisonous pill; an attempt to get the United States to meddle in the affairs of Formosa/Taiwan/Republic of China so the Peoples Republic of China can spring to the defense of its province and send its own armies and plenipotenriaries to occupy the landmass.
I cannot imagine any entity of the Unites States doing anything to advance the possibility of that eventuality. Far better that the indigenous people appeal to the UN in an effort to establish themselves as refugees of the China Civil War and ask the UN to set up a national election of self-determination.
You may want to contact the Carter Center for assistance if you decide your effectiveness at the ballot box is too limited. Such a non-governmental organization (NGO) would be far more likely to be of assistance than any of the individual signatories to the United Nations Charter.
