美屬派的核心理論是以國際法作為基礎,主張:台灣是日本投降後,依國際法交由美國託管;中華民國佔領台灣,在國際法上未必享有領有權;台灣地位不確定論因此產生[3]。更進一步德裔美國人何瑞元於2003年提出已得到某些51俱樂部(The 51st Club of Taiwan,主張台灣應該成為美國第51州)成員支持;並到處找台獨團體(包括群策會、台灣北社、建國廣場等)辯論,要求推廣支持。2004年12月24日,何瑞元應邀參加建國廣場電台節目,與建國廣場負責人傅雲欽對談;結果何瑞元的美屬理論無法說服傅雲欽。2005年,何瑞元與林志昇合作推廣美屬理論,林志昇成為何瑞元美屬理論的台灣代理人。林志昇曾經是投資中國大陸失敗的台商,回到台灣後先後任職環球電視與嘉廷電視的經理人,不過最後是以造成鉅額虧損離職和結束營業收場。
The basis for Plaintiffs claims that they are nationals of the United States is that the United States is allegedly exercising sovereignty over Taiwan. Considering that the United States is holding de jure sovereignty over Taiwan, the Taiwanese people owe permanent allegiance to the United States and have the status of United States nationals (as opposed to citizens). The Plaintiffs would have the Court address a quintessential political question and trespass into the extremely delicate relationship between and among the United States, Taiwan and China. This it is without jurisdiction to do.
The determination of who is sovereign over specific territory is non-justiciable. "Who is the sovereign,de jure or de facto, of a territory, is not a judicial, but a political,question,the determination of which by the legislative and executive of any government conclusively binds the judges, as well as all other officers, citizens, and subjects of that government. This principle has always been upheld by this court, and has been affirmed under a great variety of circumstances."
("The determination of sovereignty over an area, the Supreme Court has held, is for the legislative and executive departments")
Plaintiffs ask the Court to interpret General Order No. 1, which was issued by General MacArthur as Supreme Commander of the Allied Powers-not by the Executive Branch of the United States Government. They acknowledge that the treaty actually negotiated and signed by the United States, the SFPT, only recognized that Japan had ceded sovereignty over Taiwan and did not address post-war sovereignty over Taiwan. "Interpreting" the SFPT, therefore, is of no assistance in this matter and the Court is without standards or boundaries to guide it in "interpreting" General Order No. 1.
America and China's tumultuous relationship over the past sixty years has trapped the inhabitants of Taiwan in political purgatory. During this time the people on Taiwan have lived without any uniformly recognized government. In practical terms, this means they have uncertain status in the world community which infects the population's day-to-day lives.
美國與中國過去60年間爭吵不休之關係,讓台灣住民(the inhabitants of Taiwan)陷入政治煉獄中。在此期間,台灣人民(the people on Taiwan)生活在無普遍承認的政府統治之下;以實務角度言之,他們在國際社會中並無確定的地位(uncertain status),已影響到這些人的日常生活。
In 1949, China’s civil war—a battle between Chinese nationalists and communists—ended; mainland China fell to the communists and became the People’s Republic of China ("P.R.C."), forcing Chiang Kai-shek to flee to Taiwan and re-establish the Republic of China ("R.O.C.") in exile.
The SFPT does not declare which government exercises sovereignty over Taiwan. It does generally identify the United States as "the principal occupying Power," but does not indicate over what. Id. at art. 23(a).
Title: Roger C. S. Lin, et al., Petitioners
v.
United States
Docketed: July 8, 2009
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
Case Nos.: (08-5078)
Decision Date: April 7, 2009
Date Proceedings and Orders
Jul 6 2009 Petition for a writ of certiorari filed. (Response due August 7, 2009)
Aug 3 2009 Waiver of right of respondent United States to respond filed.
Aug 5 2009 DISTRIBUTED for Conference of September 29, 2009. Oct 5 2009 Petition DENIED.