2002/06/04 Jeff Geer
Wolfowitz Doctrine of Taiwan Status

There is a fine line between military government and martial 
law.  The legal distinction and exact nature of military 
government is critical as it was authorized for Taiwan under 
the San Francisco Peace Treaty and the Laws of War. The Laws 
of War are very comprehensive, including the Laws of 
Occupation, which are the (jus cogens) international laws 
of several law-making treaties for governing the treaty 
clauses and cessions of the SFPT.  It seems that the War on 
Terrorism has dredged up the defining legalities and missing 
links including the West Berlin Question...plus the two 
federal case rulings on SFPT cessions most irrevocably 
effecting the unalienable rights of military government for 
the Okinawa cession prior to 1972.

Wolfowitiz Clarifies Taiwan stance...not able to become 
unilaterally "independent"
http://www.taipeitimes.com/news/2002/05/31/story/0000138340
 
Neely v. Henkel...legal nature of military government of Cuban 
cession in 1898
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=180&invol=109
 
Downes v. Bidwell...civil rights of the WTO framework; doctrine 
of incorporation for Henkel case
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=182&invol=244
 
U.S. v. Tiede, 86 FRD 227 (U.S. Court of Berlin 1979). 
Johnson v. Eisentrager, 339 U.S. 763 (1950). 
Madsen v. Kinsella, 343 U.S. 341 (1952). 
Yamashita v. Styer, 327 U.S. 1 (1946). 
United States ex. rel. Quirin v. Cox (Ex parte Quirin), 317 U.S. 1 (1942). 
Ex parte Milligan, 71 U.S. 2 (1866). 
 
FM 27-10 Laws of Land Warfare 
(See. Para. 354 for "One China" and Taiwan status)
http://www.adtdl.army.mil/cgi-bin/atdl.dll/fm/27-10/toc.htm

"Military Government and Martial Law" (3rd Edition, 1914) 
includes extensive use of Neely v. Henkel 
(eg. Para. 25, Cuban Occupational Status, etc)
http://familyguardian.tzo.com/Publications/MilitaryGovAndMartLaw/MilitaryGovernmentAndMaritialLaws.pdf

Taiwan is not officially independent nor is it part of China 
at this time.  Until final reunification is peacefully 
determined, the supreme authority of the USA in Art. 4 makes 
the Taiwan cession a self-governing dominion of SFPT military 
government.  The ROC was experimental according the nature of 
military government but it remains the last obstacle to a 
Taiwan republic or Taiwan SAR.   The ROC government has been 
nothing but smoke and mirrors under the SFPT and there are 
"undefined" civil rights for Taiwanese until their more dejure 
independence.