Author Topic: Thought exercise: PRC attacks TW, US gets involved . . . and invokes MDT with PH  (Read 951 times)


dr demented

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For the purposes of this though exercise, it would be helpful to know the exact terms of the 1951 Mutual Defense Treaty Between the United States and the Republic of the Philippines:

http://avalon.law.yale.edu/20th_century/phil001.asp

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The Parties to this Treaty,

Reaffirming their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all Governments, and desiring to strengthen the fabric of peace in the Pacific Area,

Recalling with mutual pride the historic relationship which brought their two peoples together in a common bond of sympathy and mutual ideals to fight side-by-side against imperialist aggression during the last war,

Desiring to declare publicly and formally their sense of unity and their common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific Area,

Desiring further to strengthen their present efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive system of regional security in the Pacific Area,

Agreeing that nothing in this present instrument shall be considered or interpreted as in any way or sense altering or diminishing any existing agreements or understandings between the United States of America and the Republic of the Philippines,

Have agreed as follows
ARTICLE I

The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.
ARTICLE II

In order more effectively to achieve the objective of this Treaty, the Parties separately and jointly by self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack.
ARTICLE III

The Parties, through their Foreign Ministers or their deputies, will consult together from time to time regarding the implementation of this Treaty and whenever in the opinion of either of them the territorial integrity, political independence or security of either of the Parties is threatened by external armed attack in the Pacific.
ARTICLE IV

Each Party recognizes that an armed attack in the Pacific Area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.

Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.
ARTICLE V

For the purpose of Article IV, an armed attack on either of the Parties is deemed to include an armed attack on the metropolitan territory of either of the Parties, or on the island territories under its jurisdiction in the Pacific or on its armed forces, public vessels or aircraft in the Pacific.
ARTICLE VI

This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security.
ARTICLE VII

This Treaty shall be ratified by the United States of America and the Republic of the Philippines in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them at Manila.(2)
ARTICLE VIII

This Treaty shall remain in force indefinitely. Either Party may terminate it one year after notice has been given to the other Party.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

DONE in duplicate at Washington this thirtieth day of August 1951.

It should be noted the the MDT has been interpreted to mean that such a treaty would be triggered in the event of an armed attack upon either party.  As such, it has been taken to mean that a 3rd party has attacked either the Philippines or the United States.

Secondly, the MDT specifies that such an armed attack would have taken place in either nation's Pacific territories.  As such, an attack upon the United States or its forces in, for example Europe or the Middle East, would not trigger the terms of the treaty.

Lastly, the treaty specifies an armed attack against either party.  By extension, the MDT has been interpreted to mean that if either party (the US or the Philippines) were the aggressor, or were taking part in an intervention (such as in this scenario), then the treaty would not come into play.

dr demented

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 It should also be noted that the Sino-American Mutual Defense Treaty, which obligated the US to come to Taiwan's defense in the event of an attack was terminated in 1979. This coincided with the formal recognition of the PRC by the US.

It was replaced by the Taiwan Relations Act. While the Taiwan Relations Act does promise to make available to Taiwan sufficient weapons and hardware to allow Taiwan to be self-sufficient in terms of defense, it makes no specific promise to intervene. This was designed to deter the PRC from invading Taiwan, while at the same time deterring Taiwan from declaring outright independence.

Remember that Taiwan also observes a "One China" policy, and constitutionally as the surviving remnant of China's pre-1949 government, still claims to be the legitimate ruler of both Taiwan and the mainland.

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


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Taiwan Relations Act - Declares it to be the policy of the United States to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other people of the Western Pacific area. Declares that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern. States that the United States decision to establish diplomatic relations with the People's Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means and that any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes is considered a threat to the peace and security of the Western Pacific area and of grave concern to the United States. States that the United States shall provide Taiwan with arms of a defensive character and shall maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or social or economic system, of the people of Taiwan.

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

Declares that in furtherance of the principle of maintaining peace and stability in the Western Pacific area, the United States shall make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capacity as determined by the President and the Congress. Requires such determination of Taiwan's defense needs to be reviewed by United States military authorities in connection with recommendations to the President and the Congress.

Directs the President to inform the Congress promptly of threats to the security or the social or economic system of the people on Taiwan, and any danger to the United States interests arising from such threats. Specifies that the President and the Congress shall determine the appropriate action in response to any such danger.

Stipulates that the absence of diplomatic relations with or recognition of Taiwan shall not affect U.S. laws relating to Taiwan.

Authorizes the President or any department and agency to conduct and carry out programs, transactions, and other relations with respect to the people on Taiwan, including, but not limited to, the performance of services for the United States through contracts with commercial entities in Taiwan, in accordance with applicable laws of the United States.

Stipulates that withdrawal of diplomatic recognition of the Government on Taiwan shall not affect, including actions in all United States courts, the ownership of, or other rights or interests in, real property or other things of value, nor the contractual obligations and debts of the people on Taiwan.

Stipulates that whenever the application or a rule of law of the United States depends upon the law applied on Taiwan or compliance with such law, the law applied by the people on Taiwan shall be considered the applicable law for that purpose.

Prohibits any United States agency, commission, or department from denying an export license application or revoking an existing export license for nuclear exports to the people on Taiwan based on the lack of diplomatic recognition by the United States of the Government of Taiwan.

Permits Taiwan to be treated in the manner specified in the selection system for a separate immigration quota for purposes of the Immigration and Nationality Act.

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

Stipulates that all treaties and international agreements which were in force between the United States and Taiwan, known as the Republic of China, on December 31, 1978, and that multilateral conventions to which the United States and Taiwan are contracting parties shall continue in force between the United States and Taiwan unless terminated in accordance with law.

Provides for the continued membership of the people on Taiwan in any international financial institution or any other international organization.

Allows the Overseas Private Investment Corporation to provide insurance, reinsurance, loans, or guaranties for projects on Taiwan during the three year period beginning on the date of enactment of this Act, unrestricted by the $1,000 per capita income restriction of the Foreign Assistance Act of 1961.

Provides for relations between the United States and Taiwan to be conducted by or through the American Institute in Taiwan (or such comparable successor nongovernmental entity as the President may designate) and an instrumentality established by the people of Taiwan.

Sets forth the duties the Institute may authorize any of its employees in Taiwan to perform, including, but not limited to, administration or taking from any person an oath, affirmation, affidavit, or deposition and any other acts such as are authorized to be performed for consular purposes which assist or protect the persons and property of citizens or entities of United States nationality.

Stipulates that the Institute shall be treated as a tax-exempt organization.

Authorizes U.S. departments and agencies to furnish and accept service to and from the Institute.

Authorizes the President to extend to the instrumentality established by the people on Taiwan the same number of offices and complement of personnel as previously operated in the United States by the government recognized as the Republic of China prior to January 1, 1979.

Authorizes the President to extend to the instrumentality established by the people on Taiwan privileges and immunities comparable to those provided to missions of foreign countries, upon the condition that similar privileges and immunities are extended on a reciprocal basis to the Institute.

Authorizes U.S. departments and agencies to allow Federal officers and employees to separate from Federal service and accept employment with the Institute. Provides for the reinstatement of such employees with their former department or agency with no loss of rights and benefits. Stipulates that alien employees of U.S. departments and agencies be transferred to the Institute. Stipulates that employees of the Institute shall not be Federal employees. Exempts certain amounts received by employees of the Institute from taxation.

Requires the Secretary of State to transmit to the Congress the text of any agreement to which the Institute is a part (or to the appropriate committees of the Senate and House of Representatives if such disclosure would be prejudicial to the national security of the United States).

Directs the Secretary to report to the Congress every six months on the economic relations between the United States and the people on Taiwan.

Requires that the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate monitor the implementation of the provisions of this Act; the operation and procedures of the Institute; the legal and technical aspects of the continuing relationship between the United States and Taiwan; and the implementation of the policies of the United States concerning security and cooperation in East Asia.

Authorizes the appropriation of funds necessary to carry out the provisions of this Act.

Makes this Act effective as of January 1, 1979.

mamiyapis

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The scenario would more likely play out in the event North Korea attacks the South and the Joint US-Korean Command near the DMZ.

As the US is still technically supporting the activities of the UN and is in a defensive position in SoKor, they could push for the MDT activation before any UN mandate calls for member states to send troops(if it ever happens). In that case, we would be obligated to send troops to aid the US' fight in the Korean peninsula. Though it is entirely possible we could be asked to support by allowing direct basing and lodging for additional US forces for the duration of the conflict.

adroth

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The scenario would more likely play out in the event North Korea attacks the South and the Joint US-Korean Command near the DMZ.

As the US is still technically supporting the activities of the UN and is in a defensive position in SoKor, they could push for the MDT activation before any UN mandate calls for member states to send troops(if it ever happens). In that case, we would be obligated to send troops to aid the US' fight in the Korean peninsula. Though it is entirely possible we could be asked to support by allowing direct basing and lodging for additional US forces for the duration of the conflict.

In a Korean context, it wouldn't really be a US show . . . but a UN affair, with the US presumably taking the lead. There was a discussion in the old forum about how PEFTOK still actually exists even today under the umbrella of the UN.

So if North Korea invades, we will go in under the banner of the UN, in the same way that we did in the Golan Heights and other UN missions.

mamiyapis

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PEFTOK is a shell of itself, and is there for ceremonial reasons at best, so is the rest of the "UN command", which IIRC consists mostly of diplomats and a handful of armistice monitor officers stationed at Pamunjom.

Also in 1978, I believe control of military forces were returned to the US-SoKor Combined Forces Command and is no longer with the UN.

The only UN detachment left over is the UN SOFA office in Japan that maintains the paper treaty that would allow for logistics tail in Japan.