Eiger John wrote: Hartzell, then with all due respect, within the context of this thread are you making an argument for the Taiwanese to pay or receive damages pertaining to World War II? Or are you saying that none should be received or paid?
I am saying that I don't see any validity to making damage claims against Japan, if we are speaking of the 1895 to 1945 period.
Eiger John wrote: My take is that during World War II, Taiwan was part of the Japanese empire -- i.e., this territory was a colony of a country that was on the "other side" from the U.S.
Right. Taiwan was a part of the Empire of Japan. I would also like to note the following points on which many posters in the forumosa.com forums appear to be confused.
(1) The state of war between the USA and Japan ended on April 28, 1952. See -- Holmes v. United States, 391 US 936 (May 27, 1968), US Supreme Court, http://laws.findlaw.com/us/391/936.html , quote = The effective date of termination of state of war with Japan was April 28, 1952, when the Japanese Peace Treaty took effect (66 Stat., c. 31). See Lee v. Madigan, 358 US 228 (1959).
(2) Taiwan was Japanese territory until April 28, 1952. See --
http://www.taiwanbasic.com/state/frus/t ... 1955aq.htm
Eiger John wrote:But if you have some purpose or if there is any relevance within the current discussion for exclusively blaming the U.S. for bombing raids here, please let us know.
(3) The United States is designated as the "principal occupying power" under the 1952 peace treaty, in Article 23. Military occupation is conducted under military government, and hence it would be expected that the United States Military Government would have jurisdiction over Taiwan. In fact, this specification is given in Article 4(b) of the 1952 peace treaty.
Comparing the US experience in California (after the Mexican American War), and Guam, Philippines, Puerto Rico, and Cuba (after the Spanish American War), it is clear that the criteria for the "end of military occupation" in the territorial cession of Taiwan has not yet been met. For more detailed explanation, see -- http://www.taiwanbasic.com/key/milgovchart1x.htm
The United States has delegated the military occupation of Taiwan to the Chinese Nationalists. The United States is the principal occupying power, as fully specified in the SFPT, with USMG jurisdiction over Taiwan. The ROC is a subordinate occupying power. This is a principal - agent relationship.
The law of agency is the body of legal rules and norms concerned with any principal - agent relationship, in which one person (or group) has legal authority to act for another. The law of agency is based on the Latin maxim "Qui facit per alium, facit per se," which means "he who acts through another is deemed in law to do it himself." Hugo Grotius spoke of agency in his treatise On the Law of War and Peace, written in 1625.
Eiger John wrote:As to the identity of all combatants, I've read some historical information that the U.S. was not the only one of the Allied powers that participated in air raids over Taiwan.
(4) Don't know where you read that. See -- "ONE-CHINA POLICY AND TAIWAN" in the Fordham International Law Journal, Vol. 28:1, December 2004, Author: Y. Frank Chiang, Professor of Law, Fordham University School of Law.
quote p. 79 - 80: With respect to the island of Taiwan, the term "Allied Powers" or "Allies" in this Article essentially refers to the United States. To clarify, in describing the Second World War and the Peace Treaty of San Francisco, this Article has referred to the victorious States over Japan as Allied Powers or Allies. But it is clear that it was the United States that fought with and defeated Japan. It was to the United States that Japan surrendered. It was the United States that, as the victorious State, won the right to dispose of Japan's territory as it wished. It was the United States that assigned Chiang Kai-shek's R.O.C. government to occupy and administer the island of Taiwan on its behalf. So, fifty years later, the R.O.C. government still acts as an agent of the United States. The passage of time will not change, and has not changed, the legal relationship of agent and principal.
quote p. 13 (footnote 58): General MacArthur recalled that "none of these powers [Russia and the United Kingdom] had been forthcoming with troops to fight the Pacific war when we [the United States] needed them. We had borne the burden with Australia . . . . " DOUGLAS MACARTHUR, REMINISCENCES 291 (1964).
Also see --
http://www.taiwanbasic.com/state/frus/t ... 1954as.htm