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RECOGNITION OF TAIWAN AS A STATE: A STUDY BY: SHASHWATA BIRADAR
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RECOGNITION OF TAIWAN AS A
STATE: A STUDY
AUTHORED
BY: SHASHWATA BIRADAR
2021BALH07ASL010
BALLB (HONS) 2021-26
INTRODUCTION
State recognition is an integral part
of a country’s development. The helps in representing the state better and make
treaties and agreements with recognizing states. It is an essential part as it helps
in getting some rights and privileges from the agreements made. The de jure recognition
is important so that a countrycan have some political influence in the international
community. This is why this paper is dealing with the issue of Taiwan’s
recognition where Taiwan has attained de facto recognition by fulfilling all the
conditions specified in the Montevideo Convention, but it struggles to attain recognition
in the international space. China actively tries to deny Taiwan’s sovereignty
and forces for re-unification by also threatening other countries who are
trying to recognize Taiwan officially. So, this paper will extensively deal with
Taiwan’s relation with China and the challenges it faces for independence, and
list down few suggestions regarding the steps Taiwan can take in the future.
HYPOTHESIS
Some contend that Taiwan operates as
a distinct and independent state. They cite Taiwan's military, constitution, governance, and independence in both its
domestic and international affairs.
Even though Taiwan is not generally acknowledged as a sovereign state, they
think it possesses all the characteristics of one. Taiwan
is viewed by the People's
Republic of China as
a portion of its land. This point of
view is supported by historical assertions and official Chinese government policies. Taiwan is not
regarded by the PRC as a separate state, but rather as a province of China.
RESEARCH OBEJECTIVES
·
To find out the current status of Taiwan as a state.
·
To understand the challenges Taiwan faces in gaining recognition.
·
To study the relations Taiwan has with China and US in terms of recognition
In
1683, Qing dynasty
ruled both China and Taiwan.
This dynasty was overthrown by the Sino
– Japanese war and Japan took control
of Taiwan, in 1895. After the Xinhai Revolution, the Republic of China (ROC) took over the mainland China. There were
lot of internal civil wars between
the Communist Party of China and Party led by KMT. But all these wars took a
pause as Japan had captured Taiwan.
In World War II, Japan lost to the Allied Powers and Taiwan was relinquished. Taiwan was a Japanese
colony for the first fifty years of the previous century (1895 to 1945). The second half of Taiwan's history
(1945–1995) saw an astounding level of economic
prosperity, four decades of authoritarian Kuomintang government under perpetual martial law under Chiang Kai-shek and his
son Chiang Ching-kuo, and a military occupation by Nationalist Chinese forces following
World War Two.
But People’s Republic of China
(PROC), led by Mao claimed that there was an agreement between China and Allied Powers, that, through instrument of
surrender, Japan gave Taiwan back to
mainland China. So, Mao claimed that KMT can’t take control of Taiwan and
wanted to ‘liberate’ it. But in
1945-49, US intervened in civil war to stop Communist China from expanding
and helped KMT to gain control over Taiwan.
The
intervention of US was the first step, where Taiwan
gained some autonomy
for itself, away from the Communist ideas.
Taiwan was also recognized to be the real China
at the time of Cold War
as the UN was trying was trying to stop the expansion of communist regime in
the world. Taiwan’s economy
suffered drastically because of war with China, but Taiwan
soon gained rapid economic
growth with growing labor efficiency,
overseas investment, and trade.
Taiwan was no more a slump island but an important
part of global trade. China also grew tremendously and now one of the world leaders in terms of
technology, science, research, etc. Due to China gaining a power internationally, soon Taiwan was
questioned on whether it held the effective control of mainland China. In 1971, UN switched their
decision and held that PROC is the real China,
as it holds the effective control of China. Other countries also
believed China on the point that Taiwan
was part of China and not the other way around. Hence, after losing its seat in
the UN, Taiwan also lost its independence in terms of how other countries perceived it. The most pertinent question that’s asked on Taiwan’s
statehood is basically this that whether Taiwan fulfils all the aspects of State.
RELATION OF TAIWAN
WITH CHINA
The tension in the Taiwan Strait
region has increased as a result of recent events involving the triangular relations between Taiwan,
China, and the United States. The issue of Taiwan's international status was once again brought to the public's
notice during Taiwanese President Lee Teng-hui's widely reported "private" visit
to the United States in June 1995. Since President Lee's visit, China has conducted massive military drills and
missile launches in an effort to terrorise
Taiwanese citizens and subjugate the rest of the world. China is trying to
convince the international
community that Taiwan is "an indivisible part of China" by doing
these acts. In fact, the People's
Republic of China's growing threats have been matched by the growing demands of the Taiwanese people to strengthen their international standing and Taiwan's pragmatic diplomacy. As the United
Nations marked its 50th anniversary, it once more declined to place the issue of Taiwan's
membership on the General Assembly's agenda due to China's adamant opposition, continuing the
injustice carried out in 1971 when Taiwan was denied membership.
Since Tsai was elected president in
2016, China has increased its use of coercive methods that do not include violence. Its goal is to
exhaust Taiwan and convince its citizens that joining the mainland is their best course of action. In order to achieve this,
China has upped the number
and size of PLA bombers,
fighter fighters, and observation aircraft patrols over and surrounding Taiwan. Additionally, it has been
increasingly displaying its might by sailing warships and aircraft
carriers across the Taiwan Strait.
Thousands of cyberattacks from China are reportedly
directed at Taiwanese government institutions every day. Recent years have
seen an increase in these attacks. Taipei accused four Chinese organisations in
2020 of breaking into at least ten Taiwanese government organisations and 6,000 official email accounts in an
effort to gain access to sensitive data and personal information.
Beijing has also put Taiwan under pressure without
using force. China and the main Taiwan
liaison office's cross-strait communication channel was shut down in
2016. It curbed travel to Taiwan, resulting
in a drop of mainland
visitors from a high of over 4 million in 2015 to just
2.7 million in 2019. Global businesses, including
airlines and hotel chains, have come under pressure from China to classify Taiwan as a Chinese province.
In 2021, China broke of commerce with Lithuania for setting up a Taiwanese
representative office in its capital,
thus intimidating nations
that have relations with Taiwan.
TAIWAN AS A PART OF CHINA
According to Beijing, Taiwan is a
component of the "one China" that exists. It adheres to the idea of the One-China concept, which holds
that the PRC is the only legitimate government in China, and advocates
Taiwan's eventual "unification" with the mainland.
Beijing asserts that the 1992 Consensus, an agreement negotiated between representatives of the Chinese Communist Party (CCP) and the
Kuomintang (KMT) party that ruled Taiwan at the time, binds Taiwan. This 'agreement' was never
meant to settle
the issue of Taiwan's legal
status, and the two parties
disagree on its specifics. The 1992 Consensus, according to Chinese President Xi Jinping, indicates an understanding
that "the two sides of the strait belong to one China and would work together to seek national
reunification." The KMT interprets this as "one China, different
interpretations," with the ROC
serving as the "one China."
The South China Sea, Tibet, China,
Mongolia, and Taiwan are still regarded as being a component of the ROC according to Taiwan's KMT-drafted
constitution. The KMT has often demanded
tighter ties with Beijing and opposes Taiwan's independence. But KMT leaders
have debated whether to alter
the party's position on the 1992 Consensus in light of recent electoral defeats.
The Democratic Progressive Party
(DPP), the KMT's main adversary, has never embraced the agreement outlined in the 1992 Consensus. President Tsai, who
is also the DPP's leader, has steadfastly
refused to acknowledge the agreement. She has instead tried to come up with a different
phrasing that Beijing
would accept. A reliable survey organisation hosted
by National Cheng Chi University also reveals that
among people living
in Taiwan, those who self-identify as solely Taiwanese have steadily increased from 17.6% in 1992
to 63.7% in 2022, whereas those who
self-identify as Chinese have steadily decreased from 25.5% to 2.4% over the
same period. These results are
reflective of the decisions made by the Taiwanese population in relation
to critical national
identity issues. Importantly, over the same time period,
the percentage of people who self-identify as both Taiwanese and Chinese (dual-national identities)
has declined from 46.4% to 30.4%. Due to these supporting elements,
Taiwanese people have consistently
shown that they have a unique national identity that is different from that of
the PRC.
In
her inaugural speech
for 2016, Tsai stated that she was "elected president in accordance with the
Constitution of the Republic of China," which is an agreement between all
of China, and that she would
"safeguard the sovereignty and territory of the Republic of China."
In addition, Tsai vowed to "conduct cross-strait affairs in accordance with the Republic
of China Constitution, the Act Governing Relations
Between the People of [the] Taiwan Area and the Mainland Area, and other relevant legislation." Beijing, however,
disregarded this statement and ceased all formal communications with Taiwan.
Xi restated China's long-standing
suggestion for Taiwan in a speech in 2019: that it be merged into the mainland
under the premise
of "one country,
two systems." The same process
was used to secure Hong Kong's capacity to
maintain its political and economic systems and to offer it a "high degree of autonomy." A
structure like that is utterly despised by Taiwanese citizens. Tsai and even the KMT have rejected the "one country,
two systems" approach, citing Beijing's most recent onslaught
on freedoms in Hong Kong.
RELATION OF TAIWAN WITH UNITED STATES
The PRC and the United States began formal diplomatic ties in 1979. It also dissolved its
mutual defence pact with the
ROC and broke all diplomatic ties with it at the same time. However, the United
States continues to have a strong, unofficial relationship with the island and continues to provide its military with defence
equipment. Beijing has frequently pushed Washington to halt arms sales to Taipei and break off communication.
The One-China policy of the United
States directs its strategy. It is based on a number of documents, including the Taiwan Relations Act, which was passed
by the U.S. Congress in 1979, three
U.S.-China communiqués from 1972, 1978, and 1982, and the recently disclosed "Six Assurances" that President
Ronald Reagan delivered to Taiwan in that year. According to these documents, the United States:
·
"acknowledges
the Chinese position that there is but one China and Taiwan is part of China"
and that the PRC is the "sole legal government of China" (some U.S.
officials have stressed that the word "acknowledge" implies that the
United States doesn't necessarily accept the Chinese position).
·
rejects
using force to resolve the conflict.
·
maintains
ties with Taiwan on a cultural, commercial, and other levels through the American
Institute in Taiwan (AIT),
·
pledges
to sell Taiwan weapons for self-defense, and
·
maintains
the option of defending Taiwan while not actually pledging to do so—a strategy known
as strategic ambiguity.
The major objective of the United
States is to keep the Taiwan Strait peaceful and stable, and it has pleaded with
both Beijing and Taipei to keep things as they are. According to Washington, Taiwanese
independence is not supported.
The
United States has spent decades
trying to balance
assisting Taiwan while averting confrontation with China through its
strategy of strategic ambiguity. However, President Joe Biden appears to have rejected
the approach, repeatedly asserting that the United States
would defend Taiwan if China
invaded. Although White House officials have retracted his remarks and stated that the policy
has not changed, the president
ultimately has the last decision
in how to proceed. Biden's remarks have been praised by a number of
lawmakers and academics, including CFR President Richard
Haass and Research
Fellow David Sacks,
who claim that China's rising assertiveness demands
clarity. This opinion has been
challenged by other specialists.
AIWAN AS A DE FACTO STATE
Taiwan has established itself well as
a de facto state, fulling all the terms of the Montevideo Convention, 1933. It has developed so much over the years with its democratic government, and its limited
restriction on freedom of speech,
and its advancement in livelihood. According to the Article
1 of Montevideo Convention, a state needs – i) permanent population, ii) defined territory, iii) government and iv)
capacity to enter into relations with other states. Taiwan has made progress
in this field more than many other countries. Those are:
I.
Permanent Population – The current population of Taiwan is currently around 24 million. During the 1950’s the population
was growing at the rate 4% but in the last decade
or so, it has seen a steady decline in population growth. Now the growth rate lies somewhere less than 1%. Also, there’s
a decline in immigration in recent years, which shows the willingness of people to stay in Taiwan.
II.
Defined Territory – Taiwan has a defined territory, presently called the Republic of China, consisting of main island Taiwan
and other 168 small islands are under the control
of Taiwan. It also holds area around 36,000 km square land. Taiwan also has a capital
called Taipei, largest metropolitan area in Taiwan.
III.
Government –
From KMT’s dictatorship to present day full democracy under the leadership of Tsai Ing-wen, Taiwan has
seen many changes in its policies over the period
of time. President Tsai has vowed to keep Taiwan free for many generations even after the
pressure of China on reunification. In one her speeches she said that it’s her duty to, ‘safeguard our national
sovereignty, free and democratic way of life.’ She further said that ‘to protect
Taiwan’s democracy is to protect universal
value of democracy.’ Taiwan
has become 8th strongest democracy in the world according to the 2021 EIU Democracy Index and Taiwan now
has attained No. 1 ‘full democracy’ in Asia.
IV.
Capacity to enter into relations with other states – Taiwan has entered into many
trade agreements with other states,
especially free trade agreements (FTA) with Panama, Guatemala, El Salvador. Taiwan was EU’s 15th biggest
trading partner in 2018. Taiwan
has also made trade agreements with China
and US in its democratic state.
The most important challenge that
Taiwan’s faces is in terms of recognition from other states. Although, Article 3 of Montevideo
Convention says that recognition from other states don’t matter in terms of state’s existence, but it heavily
impacted Taiwan when China is actively trying
to restrict expansion of Taiwan in international space. Only a handful
of countries officially recognize Taiwan as a sovereign and independent state. These countries
include Belize, Paraguay, Saint Kitts and Nevis, Saint
Lucia, Saint Vincent and the Grenadines, São Tomé and Príncipe, Vatican City, Guatemala, Haiti, Marshall Islands,
Nauru, and Palau. Taiwan has occasionally helped these countries
economically in areas of agriculture, education, and healthcare. These countries are small
island nations that rely mostly on financial aid by other states so many a times China tries to lure
them away by providing more aid. Honduras has
recently withdrawn its support from Taiwan.
As
already discussed, Taiwan
has been resilient
in terms of being the topmost
‘full democracy’, and following its own Constitution.
Taiwan has given many civil liberties, healthcare, and human development in its State and wishes to continue it. Through ‘One China Policy’ of China, many countries deny Taiwan’s
independence. China had also recently passed a security law in Hong Kong, which was supposed to be
sovereign within China, due to which Hong Kong’s democracy was threatened as it curtained freedom of speech. The law could
be violated by anyone who speaks anything against China, even
foreigners. Even Hong Kong’s independent judiciary was removed, and selection process is done by Beijing. Due to
this many protests happened in Hong Kong and people
started leaving the country. UK offered citizenship to those leaving
China.
Taiwan needs to secure its independence by relying on the aid of US, Japan, and UK as they are against
the forceful re-unification of China. Taiwan must retain in position as a full
democracy as it serves as an example
to other transitioning from dictatorship or authoritarian government.
CONCLUSION
The status of Taiwan is hugely
debated topic in the recent times, especially with the ever growing tensions with China. The Taiwan’s battle for de jure recognition is a slow process which
might take a few decades. The process can be quickened if more and more
countries realize the need for
countries like Taiwan. India known as the largest democracy must follow the
example of Taiwan in terms
providing for a better society and keeping individuals’ rights above all. The freedom people have in Taiwan is what
states should aspire to be to improve the livelihood of their countries.
SUGGESTIONS
These are few suggestions for Taiwan in dealing with China’s reunification strategy or establishing itself as an independent state:
1.
Peaceful
Diplomacy: Taiwan and China must engage in peaceful diplomacy and dialogue to
reach a win-win resolution. Without using force, disagreements can be settled through
dialogue and negotiation. If Taiwan wants to remain independent, China must respect
that decision.
2.
International
Mediation: Use neutral third parties and international organisations to mediate
talks between Taiwan and China. International arbitration can result in a fair and
unbiased platform for negotiations.
3.
Encourage
closer economic connections and collaboration between China and Taiwan. Economic
interdependence frequently fosters stability and can serve as a basis for amicable
interactions.
4.
Respect
for the People's Will: Make sure that any reunification proposal honors the wishes
and will of the Taiwanese people. Any reunification procedure must take into consideration
public opinion and consent.
5.
Exchanges
of Culture and People: Encourage cross-cultural and interpersonal interactions
between Taiwan and China. Cross-cultural communication can help close gaps.
6.
Encourage
the international community's participation and support in order to maintain regional
peace and stability.
It's critical to remember that the subject
of reunification is extremely delicate and influenced by a number of political,
historical, and social aspects. In the end, if reunification is undertaken, it should
put peace, stability, and the welfare of the parties concerned first.
REFERENCES
Taiwan, China, and the United Nations
- Lung-chu Chen New York Law School,
The International Standing of the Republic
of China on Taiwan* Michael
Yahuda
Michael C. Burgoyne, TAIWAN’S FIGHT FOR INTERNATIONAL SPACE
John Franklin Copper, Taiwan's Options, Asian Affairs: An American Review
William M. Bueler, Taiwan: A Problem of International Law or Politics?, The World Today
Online Sources:
https://timesofindia.indiatimes.com/world/rest-of-world/taiwan-leader-vows-island-will-be- democratic-for-generations/articleshow/104301108.cms?from=mdr https://www.voanews.com/a/taiwan-ranks-among-top-10-democracies-in-annual-index-
Article Information
RECOGNITION OF TAIWAN AS A STATE: A STUDY BY: SHASHWATA BIRADAR
Authors: SHASHWATA BIRADAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/30
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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