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Legal Status of Taiwan in International Law

I. Introduction


The legal status of Taiwan is one of the most debated topics in international law today. Even though Taiwan has its own government, army, constitution, and currency, most countries and the United Nations do not officially recognize it as an independent country.

This raises an important legal question: Is Taiwan a sovereign state under international law, or is it still a part of China as claimed by the Chinese government?

Taiwan continues to participate in global trade and international events in limited ways. However, its lack of official diplomatic recognition and its exclusion from the United Nations make its legal status complicated.

This article will explain Taiwan’s history, statehood criteria under international law, and why its legal recognition remains so controversial today.


 II. Historical Background


Before 1949, both mainland China and Taiwan were under the control of the Republic of China (ROC) government. But after the Chinese Civil War, the Communist Party of China took control over mainland China and created the People’s Republic of China (PRC) in Beijing.

Meanwhile, the ROC government moved to Taiwan and continued to function there, controlling the island and its people.

For many years, Taiwan (ROC) held China’s seat in the United Nations. But in 1971, the UN General Assembly passed Resolution 2758, recognizing the PRC as the only official representative of China at the UN.

However, it’s important to note that this UN resolution did not clearly say that Taiwan is a part of the PRC. It only removed the ROC and gave the UN seat to the PRC, leaving Taiwan’s exact legal status unclear.

Another important fact is that Taiwan has its own constitution (adopted in 1947) and holds regular democratic elections, unlike mainland China. This gives Taiwan a strong independent political identity, even though it is not officially recognized as a separate country by most nations.


III. International Law Tests for Statehood


In international law, there are certain rules to decide whether a place can be called an independent country. One of the most important and widely accepted rules comes from the Montevideo Convention of 1933.

According to this convention, a place must have four main things to be considered a state: a fixed territory, a permanent population, a functioning government, and the ability to form relations with other countries.

When we look at Taiwan, it clearly meets all these conditions. Taiwan has a defined territory, with clear borders that include the main island and nearby smaller islands. It has a permanent population of over 23 million people. Taiwan also has a fully functioning government, which includes a president, a parliament, its own courts, and an army that controls the island independently.

Additionally, Taiwan maintains unofficial trade and cultural relations with many countries, even though most countries do not officially recognize it as a separate state because of pressure from China and the widely followed One-China Policy.

So, even though Taiwan meets the legal conditions for statehood, its lack of official recognition by most countries and by the UN makes its international status uncertain and controversial.


IV. Taiwan’s Current Legal Status


Even though Taiwan meets the basic tests for statehood, its legal status remains complicated in international law.

Taiwan is not a member of the United Nations (UN). After the UN passed Resolution 2758 in 1971, Taiwan lost its UN seat, and the People’s Republic of China (PRC) became the only recognized representative of China at the UN.

Today, only about 12 to 13 countries officially recognize Taiwan as an independent country. Most of these are small nations like Nauru, Tuvalu, and a few others.

Big countries like the United States, India, and members of the European Union follow the “One-China Policy.” This means they accept the PRC as the only China and do not have official diplomatic relations with Taiwan.

However, many countries, including India, still maintain unofficial relations with Taiwan. These include trade, education, and cultural exchanges, but without formal diplomatic recognition.

For example, India does not have an official embassy in Taiwan, but there is a Taipei Economic and Cultural Center in New Delhi and an India-Taipei Association in Taipei to handle business and people-to-people contacts.

In international forums like the World Health Organization (WHO) and the World Trade Organization (WTO), Taiwan participates under the name "Chinese Taipei" to avoid political conflict with China.

In simple words, Taiwan continues to act like an independent country, but international law and global politics prevent it from being fully recognized as one.


V. Way Forward


The issue of Taiwan’s legal status is complicated and sensitive. However, there are some steps that can help reduce tensions and protect peace in the region.

First, international organizations like the United Nations and the World Health Organization (WHO) could consider giving Taiwan more space to participate, even if full membership is not possible right now. This will help Taiwan take part in important global discussions, especially in areas like health, trade, and disaster management.

Second, countries like India and others can continue to maintain unofficial relations with Taiwan, focusing on trade, education, technology, and cultural exchanges. This allows cooperation without breaking the One-China Policy.

Third, there should be more international dialogue to ensure that the issue of Taiwan does not turn into a military conflict, especially between China, the United States, and other countries in the region.

Finally, the global community should work towards peaceful solutions and avoid actions that increase tensions, keeping in mind the rights of the people living in Taiwan.

 

VI. Conclusion


The legal status of Taiwan in international law remains unclear and highly political.

Even though Taiwan meets many important conditions to be called a state, like having its own government, population, and territory, most countries and international organizations do not officially recognize it as a separate country.

This is mainly due to the One-China Policy and the influence of China in international politics.

Taiwan’s situation shows how international law and global politics do not always work together smoothly.

In the future, peaceful dialogue and cooperation will be very important to ensure that the issue of Taiwan’s status does not lead to conflict and that the rights of its people are protected.


Bibliography


·   United Nations General Assembly. (1971). Resolution 2758 (XXVI): Restoration of the lawful rights of the People's Republic of China in the United Nations. Retrieved from https://digitallibrary.un.org/record/192054

·  Montevideo Convention on the Rights and Duties of States. (1933). Convention on Rights and Duties of States (Montevideo Convention). Organization of American States. Retrieved from 

·    Council on Foreign Relations (CFR). (2023). China-Taiwan Relations. Retrieved from

·   United States Department of State. (2024). U.S. Relations With Taiwan. Bureau of East Asian and Pacific Affairs. Retrieved from https://2021-2025.state.gov/countries-areas/taiwan/                                         

·  Taipei Economic and Cultural Center in India. (n.d.). About TECC. Retrieved from https://www.roc-taiwan.org/in_en/index.html

·    Roy, D. (2020). Taiwan: A Political History. Cornell University Press.

·   Kastner, S. L. (2006). Ambiguity, Economic Interdependence, and the US Strategic Dilemma in the Taiwan Strait. Journal of Contemporary China, 15(49), 651–669. 

· Bush, R. C. (2013). Uncharted Strait: The Future of China-Taiwan Relations. Brookings Institution Press


DISCLAIMER- This article has been submitted by Tanishq, trainee under the LLL Legal Training Program. The views and opinions expressed in this piece are solely those of the author.

 
 
 

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