Posted by Jonathan Adler:
Who Exercises Sovereignty Over Taiwan?
http://volokh.com/archives/archive_2009_04_05-2009_04_11.shtml#1239117082
Today the U.S. Court of Appeals for the D.C. Circuit issued an
interesting opinion concerning efforts by Taiwanese people to obtain
internationally recognized passports. Judge Brown's opinion for the
court in [1]United States v. Lin begins:
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. This pervasive ambiguity has driven
Appellants to try to concretely define their national identity and
personal rights.
Initially, the individual Appellants sought modest relief: they
wanted passports. More specifically, they wanted internationally
recognized passports. Now, however, Appellants seek much more. They
want to be U.S. nationals with all related rights and privileges,
including U.S. passports. Determining Appellants� nationality would
require us to trespass into a controversial area of U.S. foreign
policy in order to resolve a question the Executive Branch
intentionally left unanswered for over sixty years: who exercises
sovereignty over Taiwan. This we cannot do. Because the political
question doctrine bars consideration of Appellants� claims, the
district court had no choice but to dismiss Appellants� complaint
for lack of subject matter jurisdiction. Accordingly, we affirm.
References
1. http://pacer.cadc.uscourts.gov/common/opinions/200904/08-5078-1174554.pdf
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