米國律師廢話多

3.The President is directed to inform the Congress promptly of any threat to the security or the social or economic system of the people on Taiwan and any danger to the interests of the United States arising therefrom. The President and the Congress shall determine, in accordance with constitutional processes, appropriate action by the United States in response to any such danger.

11 weeks ago

Author

米國律師廢話多

Zhu Angel 你到底要表達什麼? 黃帝穎律師只是說藍白講美國也有藐視國會並不正確, 因為美國有正當法律程序等等.

我怎麼能提告台灣管理當局? 台灣關係法是美國聯邦法好嗎? 不能處理台灣事務

看來你也是那種無法溝通的鐵粉

11 weeks ago

Zhu Angel

米國律師廢話多幹嘛引述別律師說法，你是美國律師不是嗎，還是從頭到尾你根本就不再美國，也根本不是美國律師

是誰告訴你"Taiwan Relations Act"不能處理台灣事務

我就告過好幾個在"Facebook"對我公然侮辱的。美國法院沒有不受理

APPLICATION OF LAWS; INTERNATIONAL AGREEMENTS

SEC. 4. (a) The absence of diplomatic relations or recognition shall not affect the application of the laws of the United States with respect to Taiwan, and the laws of the United States shall apply with respect to Taiwan in the manner that the laws of the United States applied with respect to Taiwan prior to January 1, 1979.

(b)The application of subsection (a) of this section shall include, but shall not be limited to, the following: (1) Whenever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with such respect to Taiwan.

(2) Whenever authorized by or pursuant to the laws of the United States to conduct or carry out programs, transactions, or other relations with respect to foreign countries, nations, states, governments, or similar entities, the President or any agency of the United States Government is authorized to conduct and carry out, in accordance with section 6 of this Act, such programs, transactions, and other relations with respect to Taiwan (including, but not limited to, the performance of services for the United States through contracts with commercial entities on Taiwan), in accordance with the applicable laws of the United States.

(3)(A) The absence of diplomatic relations and recognition with respect to Taiwan shall not abrogate, infringe, modify, deny, or otherwise affect in any way any rights or obligations (including but not limited to those involving contracts, debts, or property interests of any kind) under the laws of the United States heretofore or hereafter acquired by or with respect to Taiwan.

(B) For all purposes under the laws of the United States, including actions in any court in the United States, recognition of the People's Republic of China shall not affect in any way the ownership of or other rights or interests in properties, tangible and intangible, and other things of value, owned or held on or prior to December 31, 1978, or thereafter acquired or earned by the governing authorities on Taiwan.

(4) Whenever the application of the laws of the United States depends upon the law that is or was applicable on Taiwan or compliance therewith, the law applied by the people on Taiwan shall be considered the applicable law for that purpose.

(5) Nothing in this Act, nor the facts of the President's action in extending diplomatic recognition to the People's Republic of China, the absence of diplomatic relations between the people on Taiwan and the United States, or the lack of recognition by the United States, and attendant circumstances thereto, shall be construed in any administrative or judicial proceeding as a basis for any United States Government agency, commission, or department to make a finding of fact or determination of law, under the Atomic Energy Act of 1954 and the Nuclear Non-Proliferation Act of 1978, to deny an export license application or to revoke an existing export license for nuclear exports to Taiwan.

(6) For purposes of the Immigration and Nationality Act, Taiwan may be treated in the manner specified in the first sentence of section 202(b) of that Act.

(7) The capacity of Taiwan to sue and be sued in courts in the United States, in accordance with the laws of the United States, shall not be abrogated, infringed, modified, denied, or otherwise affected in any way by the absence of diplomatic relations or recognition.

(

No requirement, whether expressed or implied, under the laws of the United States with respect to maintenance of diplomatic relations or recognition shall be applicable with respect to Taiwan.

(c) For all purposes, including actions in any court in the United States, the Congress approves the continuation in force of all treaties and other international agreements, including multilateral conventions, entered into by the United States and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979, and in force between them on December 31, 1978, unless and until terminated in accordance with law.

(d) Nothing in this Act may be construed as a basis for supporting the exclusion or expulsion of Taiwan from continued membership in any international financial institution or any other international organization.

11 weeks ago

Zhu Angel

米國律師廢話多看破手腳了拉

11 weeks ago

路人甲

Zhu Angel 你可以在美國法院提告跟台灣關係法無關。

台灣關係法的條文所處理的，是台灣治理當局（也就是中華民國流亡政權）能不能在美國打官司的問題。

附帶一提，閣下其實是姓豬的中國人吧？你這樣假冒台灣人對嗎？

11 weeks ago

Zhu Angel

路人甲好好看看

美國眾議院官網關於:"Taiwan Relations Act"裡明文規定什麼能做，什麼不能做。我身為美國人，為何要假冒台灣人 ? 雖然我也有"台灣籍"但我從未用過。你家族譜有"番"字嗎 ? 路先生

H.R.2479 - Taiwan Relations Act

Public Law: U.S. Federal Public Law 96–8

Taiwan Relations Act

https://www.congress.gov/bill/96th-congress/house-bill/2479

Reaffirms as a commitment of the United States the preservation of human rights of the people of Taiwan.

Allows Taiwan to sue and be sued in courts in the United States, in accordance with United States laws.

11 weeks ago

Zhu Angel

路人甲我可以很清楚告訴你，中華民國不是主權獨立的國家，台灣也不是主權獨立的國家。中華民國台灣只是暫時替美國管理台灣的一個當局，也就是"台灣，澎湖主權未定"。跟中華民國憲法一點關係都沒有。

總統到了"美國"為何不敢稱自己是"中華民國總統" ? 因為"中華民國流亡政權"早就知道自己只是"代理美國管理台灣，澎湖"。

"台灣關係法"明確指出1979年後統稱"台灣管理當局"。美國目前正以"1法，3公報，6項保證"保護"台灣，澎湖"人民。

B. The Legislative Branch

Nor did the US Congress consider the ROC a State. When the United States terminated the US–China (the ROC) Mutual Defense Treaty, the US Congress enacted the Taiwan Relations Act (the “Act”)503 to protect the people of Taiwan against the invasion of the Chinese Communists as well as the security and interest of the United States in the Western Pacific. If the ROC was a State, then the US Government could enter into a mutual defense treaty with it, instead of employing such a roundabout maneuver. The United States does not have South Korea Relations Act or Japan Relations Act. It does not need such domestic law because both South Korea and Japan are States. The two States and the United States have signed mutual defense treaties.504 Thus, the United States has obligations and power under the treaties to protect them. Some may say that Taiwan Relations Act treats the ROC like a State.505 It is true that in the Act, the ROC is treated like a State by the United States and enjoys some of the same prerogatives and courtesy accorded by the US Government to other States. But if the United States treats the ROC like a State, the implication is that the ROC is not a State, only similar to one. In fact, after the United States withdrew recognition of the ROC, it no longer regarded the ROC as a “government.” Taiwan Relations Act calls it “the governing authorities.”506

Taiwan Relations Act is a US domestic legislation, not a treaty. If the PRC government uses force against Taiwan,507 the US Government has no treaty obligation toward the ROC government to protect Taiwan, though the US Government may, as the occupying power, defend Taiwan pursuant to the Taiwan Relations Act or other considerations.

Though the US Government may, as the occupying power, defend Taiwan pursuant to the Taiwan Relations Act or other considerations.