No, you are mistaken. There is no violation of the Communiques whatsoever.ITEM #1
. . . it is important to note that in recognizing the PRC government, the Carter Administration did not recognize China's claim over Taiwan. This position is clear in the policy statement made in the Joint Communique on Establishment of Diplomatic Relations Between the United States of American and the People's Republic of China ("Second Communique"). quoted from
-- One-China Policy and TaiwanFordham International Law Journal
December 2004http://www.taiwanbasic.com/lawjrn/onechina-tai4.htmITEM #2
(3) US policy has not recognized the PRC's sovereignty over Taiwan;quoted from
-- CRS Report for Congress, July 9, 2007 -- China/Taiwan: Evolution of the "One China" Policyhttp://www.taiwanbasic.com/nstatus/crs-report.htm
The Shanghai Communique seems clear:
...The U.S. side declared: The United States acknowledges that all Chinese on either side of the Taiwan Strait maintain there is but one China and that Taiwan is a part of China. The United States Government does not challenge that position
The combination in wording of acknowledge that
... and not challenge that positoin
means that the US acquiesces in the Chinese position.
For the US to take over Taiwan would thus equal a challenge to the Chinese position in violation of the communique.
True, Taiwan's status is 'undetermined' to some extent; What remains to be determined is which Chinese government--ROC or PRC-- should be considered as legitimate in exercising control over Taiwan, and in case that the ROC government is legitimate, what course of action Taiwan should pursue in light of its status as a de jure part of China. At this moment we can say Taiwan is de facto independent, not de jure so. Thus two directions are available: head towards de jure
independence to perfect its de facto
independence or toward de facto
unification to pefect its de jure
status as part of China. This is a matter to be resolved by the Chinese themselves:
...Second, there has been disagreement as to whether Taiwan’s status actually was resolved or determined. In secret talks in 1972, President Nixon assured PRC Premier Zhou Enlai that the United States viewed the status of Taiwan as “determined” to be part of one China. The PRC’s December 1978 statement on normalization of diplomatic relations with the United States said that the Taiwan question “has now been resolved between the two countries.” However, the U.S. statement of December 1978 on normalization stated the expectation that the Taiwan question “will be settled” peacefully by the Chinese themselves.
...President Reagan’s 1982 statement on arms sales to Taiwan declared that “the Taiwan question is a matter for the Chinese people, on both sides of the Taiwan Strait, to resolve.”
Moreover, under U.S. policy, "settlement” or “resolution”—not stated as “unification” or “reunification”—of the Taiwan question is left open to be peacefully determined by both sides of the strait
(source: http://www.google.com/url?sa=t&rct=j&q= ... -FAv_lW-fQ
If the US holds sovereignty over Taiwan, why did the US government keep saying the Taiwan question should be solved by the Chinese themselves? Because Taiwan is a de jure part of the State of China (a term silent on the legitimacy of particular Chinese regimes). If the US were the sovereign, the Taiwan question could be solved by the US alone.