既然中國官媒拿拜登不支持台獨來做文宣，自然引起台美及國際社會嚴重地關切和討論。拜登16日在新罕布夏州接受媒體訪問時，被問到拜習會上是否在台灣議題上取得進展，拜登說：「是的，我們非常明確地表明支持台灣法Yes, We made very clear we support the Taiwan Act and that’s it。它是獨立的，由它自己做決定。It’s independent. It makes its own decisions. 我們不鼓勵獨立，但鼓勵他們完全按照台灣法的要求去做。這正是我們所在做的，讓他們自己決定。We are not encouraging independence. We’re encouraging that they do exactly what the Taiwan act requires. That’s what we’re doing. Let them make up their mind. 我們根本不會改變我們的政策，我說他們必須做出決定——他們，台灣，而不是我們。We’re not going to change our policy at all, I said that they have to decide — they, Taiwan, not us.」
上面所引述的這段談話，相信是自1951年舊金山和約簽署後，對台灣是否被允許有權住民自決，最具權威的詮釋。因為拜登是當今美國現任總統，也就是在舊金山和約中所載，台灣主要佔領權國美國軍事政府的三軍統帥，代表當今的美國這個國家與政府，他是現職在位的總統，他說的話當然算數。過去曾有人叫囂，台灣未來要由海峽兩邊的中國人來解決It is a matter for the Chinese people, on both sides of the Taiwan Strait, to solve peacefully.但問題是，台灣有超過87%的住民，不認為自己是中國人。現在拜登公開地告知世人，台灣的未來，是要由台灣人、他們自己來決定。夠清楚了吧！
拜登一再鼓勵台灣，完全遵照台灣法去做。那台灣法，是否有給台灣住民保留，自己當家作主的空間呢？台灣關係法第2c條規範：「本法律的任何條款不得違反美國對人權的關切，尤其是對於臺灣地區一千八百萬名居民人權的關切（現為2300萬）。玆此重申維護及促進所有臺灣人民的人權是美國的目標。」依據世界人權宣言「第15條之一、人人有權享有國籍。之二、任何人的國籍不得任意剝奪，亦不得否認其改變國籍的權利。」既然美國政府於台灣法第15-2條，已正式聲明不再承認中華民國；同時，美國聯邦哥倫比亞地方法院法官柯祐Rosemary Collyer，於2008年3月18日針對林訴美案判決書，公開聲明：「原告（台灣人）近 60 年來，基本上都是沒有國籍的人。Plaintiffs have essentially been persons without a state for almost 60 years.」由是觀之，台灣關係法確實有給台灣人民，預留住民自決的空間，只是必須由美國政府最高行政部門來做政治確認。現在拜登以現任總統身份，親口經由視頻來宣布，台灣必須自己來決定他們的未來。前後貫穿，其意明矣！https://www.courtlistener.com/opinion/2329820/lin-v-united-states/
2009年4月7日美國聯邦上訴法院、哥倫比亞巡迴法庭、巡迴法官布郎Circuit Judge Brown，在林訴美案 Lin v. USA 判決書中所指：「誰是台灣的主權者？上訴人，甚至可能是正確的；仔細分析舊金山和約可能結論出，美國擁有臨時的主權。但我們永遠不會知道，因為政治問題原則禁止我們開始這樣的分析。」Who is Taiwan’s sovereign? Appellants may even be correct; careful analysis of the SFPT might lead us to conclude the United States has temporary sovereignty. But we will never know because the political question doctrine forbids us from commencing that analysis. 處理上訴人之申訴需要台灣主權者的身份。行政部門故意對這個問題保持沉默，我們是不能干涉其決定。因此，地方法院已正確地做出結論，判決上訴人的申訴受限於政治問題原則。Addressing Appellants’ claims would require identification of Taiwan’s sovereign. The Executive Branch has deliberately remained silent on this issue, and we cannot intrude on its decision. Therefore, as the district court correctly concluded, consideration of Appellants’ claims is barred by the political question doctrine.」 https://law.justia.com/cases/federal/appellate-courts/cadc/08-5078/08-5078-1174554-2011-03-24.html
美國一再重申必須以和平方式，來處理台灣議題；但美國從來沒有要求以和平方式，來結束國共內戰的未竟殘局。因此我們必須清清楚楚地，把自己定位為台灣；而不是那，不清不楚的中華民國，既要擁有台灣、又想代表中國。台灣若想要自己當家作主、建立自己的國家，當然就得必須靠自己的努力去爭取，而不是靠老美來替咱賣命。拜登說：「他們必須決定，他們、台灣、不是我們（美國）。They have to decide — they, Taiwan, not us.」看來這場拜習峰會，正是開啟台灣法理定位的契機。
At 7:45pm EDT on November 15, 2021, US President Biden and Chinese President Xi Jinping will hold a US-China summit virtual conference at 8:45am on November 16th, Beijing time. The United States is headed by Biden. In front of the main seat are U.S. Secretary of State Anthony Blinken, U.S. President's Assistant to National Security Affairs and National Security Advisor Jacob Jeremiah Sullivan, U.S. Treasury Secretary Janet Yellen, and the White House National Security Conference (NSC). The Pacific Affairs Coordinator, Kurt Campbell, and Laura Rosenberger, Senior Director of China Affairs of the White House National Security Conference, were accompanied by six people. The Chinese side is led by Xi Jinping, Director of the General Office of the CPC Central Committee, Ding Xuexiang, Vice Premier Liu He, Director of the Office of the Central Committee for Foreign Affairs Yang Jiechi, State Councilor and Minister of Foreign Affairs Wang Yi, and Vice Minister of Foreign Affairs Xie Feng. Seven sit in a row. The two sides put on battles of different cultural levels. The United States sits around a table in a conference room in the White House in a traditional way. The match is already a warm and peaceful scene at nightfall, while China is in a confrontational posture between the two militaries. At the beginning of the rising sun, the battle was held in the East Hall of the Great Hall of the People, which was quite ironic. This world-renowned US-China summit kicked off in such a highly asymmetrical time and space scene that reversed day and night.
Establish a commonsense guardrail
Biden first said: “I am happy we’ve had time to meet and look forward to a candid and forthright discussion like all the discussions we’ve had thus for now. As I’ve said before it seems to me our responsibility as leaders of China and the United States to ensure that competition between our two countries does not vary to conflict whether intended or unintended, just for simple straightforward competition. It seems to me we need to establish common sense guardrails to be clear and honest where we disagree and work together where our interests intersect especially on vital issues like climate change. None of this is a favor to either our countries. What we do for one another. But assist responsible world leadership. You’re a major world leader and so is the United States. Our bilateral relationship evolve seems to me to have profound effect not only on our countries but quite frankly the rest of the world. We have a responsibility to the world as well as to our people. That’s why we believe you and I have talked about this. All countries have to play by the same rules of the road. By the United States is always going to stand up for our interests and values and those of our allies and partners. I am sure that today we’ll be discussing those areas where we have concerns from human race to economics to ensuring a free and open Indo-Pacific. I think it’s very important as I’ve told other world leaders when they ask about our relationship is that we have always communicated with one another very honestly candidly and that we never walk away wondering what the other man is thinking. And I think that’s an important ingredient for this relationship to be open and candid in terms of our relationship. I do think it’s important we communicate honestly and directly to one another about our priorities and our intentions. I look forward to getting down to business and the extensive in substance of agenda. We have ahead of us.”
Old friends for mutual benefits
Then Xi Jinping delivered a speech: “I’m very happy to see my old friend. Right now, both China and the United States had critical stages of development and humanity lives in a global village and we face multiple challenges together as the world’s two largest economies and the permanent members of the UN Security Council. China and the United States want to increase communication and cooperation. We should each run our domestic affairs and at the same time show that our share of international responsibilities and work together to advance the noble cause of world peace and development. This is a shared desire of the people of our two counties and around the world and the joint mission of Chinese and American leaders. A sound and steady China your relationship is required for advancing our two countries respective development and for safeguarding a peaceful and stable international environment including finding effective responses to global challenges such as climate change which you referenced and the Covid pandemic. China and the United States should respect each other coexist in peace and pursue win-win cooperation. I stand ready to work with you Mr. President to build consensus take active steps and move China U.S. relations forward in a positive direction. Doing so would advance the interests of our two peoples and meet the expectation of the international community. I now look forward to a wide ranging and comprehensive discussion with you Mr. President on overarching issues.”
Business talks old friend not necessary
After Biden and Xi’s opening speech, they immediately entered into a substantial and extensive closed-door discussion. The summit lasted for about four hours. It was almost midnight in the East of the United States. This pair was only 5 days away (November 20) of his 79th birthday. For Biden, the old man, it is really a toss. Why on earth did the two people hold the meeting at this odd moment, and what did they talk about? Xi has just concluded the Sixth Plenary Session. He urgently needs to take this summit to show off to the Chinese people, to relieve China’s recent years of suffering from people’s livelihood, corporate failures, production stagnation, Evergrande’s bankruptcy, and the spread of the epidemic, to shape China’s common prosperity illusion of wealth has come to embellish his imminent succession, the great achievements of China's national leader indefinite term. In his speech, Xi Jinping called Biden’s old friend, which may be a polite remark, but White House spokesperson Jen Psaki denied it at the first time, saying that this is purely an official transaction, and there is no need to call brothers, and old friends can’t talk about it, and it’s not necessary.
A big mistake to skip COVID virus
During the entire summit, I do not know whether it was intentional or unintentional. It was a big failure to omit to investigate the origin of the pandemic virus that caused the world to suffer. However, the Taiwan issue has thus become the focus of international attention at this summit. The Chinese state media CCTV announced the Biden-Xi meeting statement: "The U.S. government is committed to pursuing the long-term and consistent one-China policy. It does not support Taiwan independence and hopes that the Taiwan Strait will maintain peace and stability." But the White House statement on the Taiwan issue said, " President Biden emphasized that the United States continues to pursue the one-China policy based on the Taiwan Relations Act, the three U.S.-China Joint Communiqués and the six major guarantees. The U.S. also strongly opposes unilateral changes to the status quo across the Taiwan Strait or weakening stability and peace. At the same time, in the process, Expressing concern about Xinjiang, Tibet, Hong Kong issues and human rights issues." The U.S. does not support Taiwan independence, it is China's own fabricated issues.
Taiwan makes its own decisions
Since the Chinese state media claimed that Biden did not support Taiwan independence as a propaganda, it naturally aroused serious concern and discussion in Taiwan, the US, and the international community. When Biden was interviewed by the media in New Hampshire on the 16th, he was asked whether the meeting had made progress on Taiwan issues. Biden said: " Yes, we made very clear we support the Taiwan Act and that's it. It's independent. It makes its own decisions. We're encouraging that they do exactly what the Taiwan act requires. That's what we're doing. Let them make up their mind. We're not going to change our policy at all, I said that they have to decide — they, Taiwan, not us.”
Biden declares Taiwan Self-determination
The passage quoted above is believed to be the most authoritative interpretation of whether Taiwan is allowed to self-determination by its citizens since the signing of the San Francisco Peace Treaty in 1951. Because Biden is the current president of the United States, that is, as stated in the San Francisco Peace Treaty, the commander-in-chief of the US military government of Taiwan’s main occupying power represents the country and government of the United States. He is the current president, he said Of course it counts. In the past, people clamored that Taiwan’s future will be solved by the Chinese on both sides of the Taiwan Strait. It is a matter for the Chinese people, on both sides of the Taiwan Strait, to solve peacefully. But the problem is that Taiwan has more than 87% of the residents, no Think of yourself as Chinese. Now Biden is publicly telling the world that the future of Taiwan is decided by the people of Taiwan themselves. Clear enough!
TRA implies UDHR
Biden has repeatedly encouraged Taiwan to fully comply with Taiwan's laws. So, does Taiwanese law leave room for Taiwanese residents to be the masters of their own homes? Article 2c of the Taiwan Relations Act stipulates: " Nothing contained in this Act shall contravene the interest of the United States in human rights, especially with respect to the human rights of all the approximately eighteen million inhabitants of Taiwan (currently 23 million). The preservation and enhancement of the human rights of all the people on Taiwan are hereby reaffirmed as objectives of the United States. " According to the Universal Declaration of Human Rights, "Article 15: Everyone has the right to have a nationality. Second, no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." Since the U.S. government has officially declared that it no longer recognizes the Republic of China under Article 15-2 of the Taiwan Law; at the same time, the U.S. District Court Judge Rosemary Collyer of the U.S. District Court of Columbia made a public statement against the Lin v. USA judgment on March 18, 2008 "Plaintiffs (Taiwanese) have essentially been persons without a state for almost 60 years." The space for self-determination only must be politically confirmed by the highest executive branch of the US government. Now Biden, as the incumbent President of US, personally announced via video that Taiwan must decide their future by themselves. See through the whole picture, it is clear enough! https://www.courtlistener.com/opinion/2329820/lin-v-united-states/
Act by yourself to be the house master
Reviewing back the 400-year history of Taiwan, the Netherlands, Cheng, Qing, Japan, and China, whenever the superpowers gather for talks, Taiwan is always reduced to a scapegoat on the table. On April 17, 1895, Lee Hong Chang of the Qing Dynasty signed the Shimonoseki Treaty with Ito Hirobumi of Japan; because of the defeat of Manchu Qing at the Sino-Japanese War, the full sovereignty of Taiwan and Penghu was ceded in perpetuity to Japan. On September 8, 1950, representatives of 51 countries around the world gathered with Japanese Prime Minister Shigeru Yoshida to open the San Francisco Peace Conference. In the end, representatives of 48 countries signed the peace treaty with Yoshida. Japan officially renounced all right, title and claim to Formosa and the Pescadores. History tells us that the residents of Taiwan Island have never participated in international conferences that determine their own destiny. Because Taiwan has not yet been established a Taiwanese government with its own territorial sovereignty, and the international community has been discussing, searching, and positioning, who is the sovereign of Taiwan? Sovereignty belongs to the government representing the people, not to any individual. Regrettably, we have not yet seen a Taiwanese government that legally represents all Taiwanese people. Biden clearly told us a few days ago that if Taiwan wants to be the master of the country, it must rely on Taiwan to fight for it, rather than relying on any other friendly country to build the country for us.
Who is the sovereign of Taiwan?
On April 7, 2009, the U.S. Federal Court of Appeals, the Columbia Circuit Court, Circuit Judge Brown, in the Lin v. USA opinion statement stated: 「Who is Taiwan's sovereign? Appellants may even be correct; careful analysis of the SFPT might lead us to conclude the United States has temporary sovereignty. But we will never know because the political question doctrine forbids us from commencing that analysis. Addressing Appellants' claims would require identification of Taiwan's sovereign. The Executive Branch has deliberately remained silent on this issue, and we cannot intrude on its decision. Therefore, as the district court correctly concluded, consideration of Appellants' claims is barred by the political question doctrine.」
Who is the sovereign of Taiwan has been a topic that has been explored by worldwide Taiwanese for many years? The San Francisco Peace Treaty tells us that the United States is the principal occupying power of Taiwan after WWII and has temporary transitional sovereignty over Taiwan. However, the circuit judge of the Federal Court ruled that Taiwan’s status is limited by the principle of political issues, so it cannot determine Taiwan’s existing international legal status. Now the head of the highest administration of the United States and the President of the United States have publicly declared that in the future of Taiwan, they must make their own decisions, not the United States. Therefore, all the people of Taiwan must think carefully about whether to choose to be a Taiwanese or a Chinese? Legally, the United Nations Resolution 2758 has determined that the ROC has been inherited by the PRC since October 25, 1971. If we still claim to be the ROC or the ROC-Taiwan, then it’s not that we’re crazy and asking insult., Are you looking for a dead end? Of course, China will not be polite to accept it.
Taiwan must decide not US
The United States has repeatedly reiterated that the Taiwan issue must be handled in a peaceful mean; but the United States has never asked for a peaceful manner to end the unfinished civil war between KMT and CCP. Therefore, we must clearly position ourselves as Taiwan; not the unclear ROC, which not only wants to own Taiwan but also want to represent China. If Taiwan wants to be the master of its own country and build its own country, of course it must rely on its own efforts to fight for it, rather than relying on the United States to work for us. Biden said: "They have to decide — they, Taiwan, not us (the United States)." It seems that this worship summit is an opportunity to open Taiwan's de jure identity.