Political Status Of Taiwan
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The controversy surrounding the political status of Taiwan or the Taiwan issue is a result of
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
, the second phase of the
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m ...
(1945–1949), and the Cold War. The basic issue hinges on who the islands of
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
, Penghu,
Kinmen Kinmen, alternatively known as Quemoy, is a group of islands governed as a county by the Republic of China (Taiwan), off the southeastern coast of mainland China. It lies roughly east of the city of Xiamen in Fujian, from which it is separat ...
, and Matsu should be administered by. Main options include: #Maintain the current ROC/
PRC China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
(Taiwan/China) status quo. #Taiwan as a ''de facto'' separate self-governing entity. #Become part of China as a special administrative region of the PRC under the one country, two systems framework (like
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta i ...
and
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a p ...
). #Formally abolish the ROC and establish a ''de jure'' independent Taiwanese state. # Unify with
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
under the Government of the ROC. #Unify with mainland China under the Government of the PRC. This controversy also concerns whether the current ''status quo'' of existence and legal status as a
sovereign state A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined te ...
of both the ROC and the PRC is legitimate as a matter of
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. The ''status quo'' is accepted in large part because it does not define the legal or future status of Taiwan, leaving each group to interpret the situation in a way that is politically acceptable to its members. At the same time, a policy of status quo has been criticized as being dangerous precisely because different sides have different interpretations of what the status quo is, leading to the possibility of war through
brinkmanship Brinkmanship (or brinksmanship) is the practice of trying to achieve an advantageous outcome by pushing dangerous events to the brink of active conflict. The maneuver of pushing a situation with the opponent to the brink succeeds by forcing the op ...
or miscalculation. The PRC seeks the end of Taiwan's ''de facto'' independence through the process of unification, and has not ruled out the use of force in pursuit of this goal. Internationally, the United Nations and countries that have diplomatic relations with the PRC handle relations with Taiwan according to the "
One China The term One China may refer to one of the following: * The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
" policy.


Background

Taiwan (excluding Penghu) was first populated by Austronesian people and was partially colonized by the
Dutch Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...
, who had arrived in 1623. The
Kingdom of Tungning The Kingdom of Tungning (), also known as Tywan by the British at the time, was a dynastic maritime state that ruled part of southwestern Taiwan and the Penghu islands between 1661 and 1683. It is the first predominantly Han Chinese state in ...
, lasting from 1661 to 1683, was the first
Han Chinese The Han Chinese () or Han people (), are an East Asian ethnic group native to China. They constitute the world's largest ethnic group, making up about 18% of the global population and consisting of various subgroups speaking distinctiv ...
government to rule part of the
island of Taiwan Taiwan, officially the Republic of China (ROC), is an island country located in East Asia. The main island of Taiwan, formerly known in the Western political circles, press and literature as Formosa, makes up 99% of the land area of the territori ...
. From 1683, the Qing Dynasty ruled much of the western plains of the island as a prefecture and in 1875 divided the island into two prefectures, Taiwan and Taipeh. In 1885 the island was made into a separate
province A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
to speed up development in this region. In the aftermath of the
First Sino-Japanese War The First Sino-Japanese War (25 July 1894 – 17 April 1895) was a conflict between China and Japan primarily over influence in Korea. After more than six months of unbroken successes by Japanese land and naval forces and the loss of the ...
, Taiwan and Penghu were ceded by the Qing Dynasty to Japan in 1895 under the
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
. The Republic of China overthrew the Qing dynasty in 1912. At the end of
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
, the Republic of China, on behalf of the Allied Powers, accepted the surrender of Japanese troops in Taiwan, putting Taiwan under control of a Chinese government again after 50 years of Japanese rule. The ROC would then claim sovereignty on the basis of the Qing dynasty's administration, Cairo Declaration,
Potsdam Declaration The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Uni ...
, and
Japanese Instrument of Surrender The Japanese Instrument of Surrender was the written agreement that formalized the surrender of the Empire of Japan, marking the end of hostilities in World War II. It was signed by representatives from the Empire of Japan and from the Allied n ...
, but this became contested by pro-independence groups in subsequent years due to different perceptions of the said documents' legality. Upon losing the Chinese civil war in 1949, the ROC government retreated to Taipei, and kept control over a few islands along the coast of
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
and in the
South China Sea The South China Sea is a marginal sea of the Western Pacific Ocean. It is bounded in the north by the shores of South China (hence the name), in the west by the Indochinese Peninsula, in the east by the islands of Taiwan and northwestern Phi ...
. The People's Republic of China (PRC) was established in mainland China on 1 October 1949, claiming to be the
successor Successor may refer to: * An entity that comes after another (see Succession (disambiguation)) Film and TV * ''The Successor'' (film), a 1996 film including Laura Girling * ''The Successor'' (TV program), a 2007 Israeli television program Musi ...
to the ROC.
Quemoy Kinmen, alternatively known as Quemoy, is a group of islands governed as a county by the Republic of China (Taiwan), off the southeastern coast of mainland China. It lies roughly east of the city of Xiamen in Fujian, from which it is separate ...
, Matsu and
Wuchiu Wuqiu (Wuchiu, Wuciou, Ockseu) ( Puxian Min: ''Ou-chhiu'', Hakka: ''Vû-hiu-hiông'') is a group of islands comprising two major islands, namely Greater Qiu Islet and Smaller Qiu Islet, in the Taiwan Strait. Administratively, Wuqiu Township ...
on the coast of Fukien,
Taiping __NOTOC__ Taiping, Tai-p’ing, or Tai Ping most often refers to: Chinese history * Princess Taiping (died 713), Tang dynasty princess * Taiping Rebellion (1850–1864), civil war in southern China ** Taiping Heavenly Kingdom (1851–1864), the re ...
and
Pratas Pratas Island,, United States National Geospatial-Intelligence Agency also known as the Tungsha Islands or the Dongsha Islands (), is a coral island situated in the northern part of the South China Sea administered as part of Cijin District, Kao ...
in the
South China Sea The South China Sea is a marginal sea of the Western Pacific Ocean. It is bounded in the north by the shores of South China (hence the name), in the west by the Indochinese Peninsula, in the east by the islands of Taiwan and northwestern Phi ...
, are part of the ROC's present territory, but were not ceded to Japan. Some arguments supporting the independence of Taiwan do not apply to these islands.


Development of the controversy

Taiwan, Penghu, Kinmen, Matsu, and some other minor islands effectively make up the jurisdiction of the
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
with the official name of the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
(ROC), commonly known as "Taiwan". The ROC, which asserted control of
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
(as well as Penghu and other nearby islands) in 1945, had ruled
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
and claimed sovereignty over
Tibet Tibet (; ''Böd''; ) is a region in East Asia, covering much of the Tibetan Plateau and spanning about . It is the traditional homeland of the Tibetan people. Also resident on the plateau are some other ethnic groups such as Monpa people, ...
(now controlled by the PRC as the
Tibet Autonomous Region The Tibet Autonomous Region or Xizang Autonomous Region, often shortened to Tibet or Xizang, is a Provinces of China, province-level Autonomous regions of China, autonomous region of the China, People's Republic of China in Southwest China. I ...
),
Outer Mongolia Outer Mongolia was the name of a territory in the Manchu-led Qing dynasty of China from 1691 to 1911. It corresponds to the modern-day independent state of Mongolia and the Russian republic of Tuva. The historical region gained ''de facto' ...
(now
Mongolia Mongolia; Mongolian script: , , ; lit. "Mongol Nation" or "State of Mongolia" () is a landlocked country in East Asia, bordered by Russia to the north and China to the south. It covers an area of , with a population of just 3.3 million, ...
) and
Tannu Uriankhai Tannu Uriankhai ( tyv, Таңды Урянхай, ; mn, Тагна Урианхай, Tagna Urianhai, ; ) is a historical region of the Mongol Empire (and its principal successor, the Yuan dynasty) and, later, the Qing dynasty. The territory of ...
(now a part of
Tuva Tuva (; russian: Тува́) or Tyva ( tyv, Тыва), officially the Republic of Tuva (russian: Респу́блика Тыва́, r=Respublika Tyva, p=rʲɪˈspublʲɪkə tɨˈva; tyv, Тыва Республика, translit=Tyva Respublika ...
, Russia) before losing the
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m ...
to the
Chinese Communist Party The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victoriou ...
and relocating its government and
capital city A capital city or capital is the municipality holding primary status in a country, state, province, Department (country subdivision), department, or other subnational entity, usually as its seat of the government. A capital is typically a city ...
from
Nanjing Nanjing (; , Mandarin pronunciation: ), alternately romanized as Nanking, is the capital of Jiangsu province of the People's Republic of China. It is a sub-provincial city, a megacity, and the second largest city in the East China region. T ...
to
Guangzhou Guangzhou (, ; ; or ; ), also known as Canton () and alternatively romanized as Kwongchow or Kwangchow, is the capital and largest city of Guangdong province in southern China. Located on the Pearl River about north-northwest of Hong Kon ...
,
Chongqing Chongqing ( or ; ; Sichuanese dialects, Sichuanese pronunciation: , Standard Mandarin pronunciation: ), Postal Romanization, alternately romanized as Chungking (), is a Direct-administered municipalities of China, municipality in Southwes ...
and
Chengdu Chengdu (, ; Simplified Chinese characters, simplified Chinese: 成都; pinyin: ''Chéngdū''; Sichuanese dialects, Sichuanese pronunciation: , Standard Chinese pronunciation: ), Chinese postal romanization, alternatively Romanization of Chi ...
before arriving at
Taipei Taipei (), officially Taipei City, is the capital and a special municipality of the Republic of China (Taiwan). Located in Northern Taiwan, Taipei City is an enclave of the municipality of New Taipei City that sits about southwest of the n ...
as the
temporary capital A temporary capital or a provisional capital is a city or town chosen by a government as an interim base of operations due to some difficulty in retaining or establishing control of a different metropolitan area. The most common circumstances leadin ...
in December 1949. The Communists established a new government on the mainland as
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
(PRC) in October 1949. Since the ROC lost its United Nations seat as "China" in 1971 ( replaced by the PRC), most sovereign states have switched their diplomatic recognition to the PRC, recognizing the PRC as the representative of all China, though all countries that have established formal diplomatic ties with the PRC use terms such as "respects", "acknowledge", "understand", "take note of" in regards to the PRC's claim over Taiwan which avoids clarifying what territories are meant by "China" in order to associate with both the PRC and ROC. , just 15 countries maintain diplomatic relations with the ROC, although informal relations are maintained with nearly all others. Agencies of foreign governments such as the
American Institute in Taiwan The American Institute in Taiwan (AIT; ) is the ''de facto'' Embassy of the United States of America in Taiwan. The AIT institution is a wholly-owned subsidiary of the federal government of the United States in Taiwan with Congressional oversi ...
operate as ''de facto'' embassies of their home countries in Taiwan, and Taiwan operates similar ''de facto'' embassies and consulates in most countries under such names as "Taipei Representative Office" (TRO) or "Taipei Economic and Cultural (Representative) Office" (TECO). In certain contexts, Taiwan is also referred to as
Chinese Taipei "Chinese Taipei" is the term used in various international organizations and tournaments for groups or delegations representing the Republic of China (ROC), a country commonly known as Taiwan. Due to the One-China principle stipulated by th ...
. The ROC government has in the past actively pursued the claim as the sole legitimate government over mainland China and Taiwan. This position began to change in the early 1990s as democracy was introduced and new Taiwanese leaders were elected, changing to one that does not actively challenge the legitimacy of PRC rule over mainland China. Both the PRC and the ROC carry out
Cross-Strait relations Cross-Strait relations (sometimes called Mainland–Taiwan relations, or Taiwan-China relations) are the relations between China (officially the People's Republic of China) and Taiwan (officially the Republic of China). The relationship ...
through specialized agencies (such as the
Mainland Affairs Council The Mainland Affairs Council (MAC) is a cabinet-level administrative agency under the Executive Yuan of the Republic of China in Taiwan. The MAC is responsible for the planning, development, and implementation of the cross-strait relations po ...
of the ROC and the
Taiwan Affairs Office The Taiwan Affairs Office of the State Council is an administrative agency under the State Council of Mainland China. It is responsible for setting and implementing guidelines and policies related to the Republic of China (Taiwan), as stipulate ...
of the PRC), rather than through foreign ministries. Different groups have different concepts of what the current formal political situation of Taiwan is. In addition, the situation can be confusing because of the different parties and the effort by many groups to deal with the controversy through a
policy of deliberate ambiguity A policy of deliberate ambiguity (also known as a policy of strategic ambiguity, ''strategic uncertainty'') is the practice by a government of being intentionally ambiguous on certain aspects of its foreign policy. It may be useful if the country ...
. The political solution that is accepted by many of the current groups is the perspective of the status quo: to unofficially treat Taiwan as a state and, at a minimum, to officially declare no support for the government of this state making a formal declaration of independence. What a formal declaration of independence would consist of is not clear and can be confusing given the fact that the People's Republic of China has never controlled Taiwan and the Republic of China still exists, albeit on a decreased scale.


Argument for Taiwan being legally part of China

In the Cairo Conference of 1943, the allied powers agreed to have Japan restore "all the territories Japan has stolen from the Chinese", specifically listing "Formosa" and Penghu, to the Republic of China after the defeat of Japan. According to both the People's Republic of China and the Republic of China, this agreement was given legal force by the
Instrument of Surrender of Japan The Japanese Instrument of Surrender was the written agreement that formalized the surrender of the Empire of Japan, marking the end of hostilities in World War II. It was signed by representatives from the Empire of Japan and from the Allied nat ...
in 1945. The PRC's UN Ambassador,
Wang Yingfan Wang Yingfan (; born April 1942) is a Chinese diplomat who served as Permanent Representative of China to the United Nations from 2000 to 2003. He was also the Chinese Ambassador to the Philippines from 1985 to 1990. Biography Wang Yingfan w ...
, has stated multiple times in the UN general committee: "Taiwan is an inseparable part of China's territory since antiquity" and "both the 1943 Cairo Declaration and the 1945
Potsdam Declaration The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Uni ...
have reaffirmed in unequivocal terms China's sovereignty over Taiwan as a matter of
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
." The PRC rejects arguments involving the lack of a specific treaty (San Francisco Peace Treaty) transferring Taiwan's sovereignty to China by noting that neither PRC nor ROC was a signatory to any such treaty, making the treaties irrelevant with regard to Chinese claims. Also, according to the Treaty of Shimonoseki, China legally surrendered its sovereignty and jurisdiction over Taiwan (Formosa) forever. So, this treaty therefore renders Japan's declaration of the returning of sovereignty over Taiwan to China as well as the PRC's UN Ambassador, Wang Yingfan's claims regarding China's right to sovereignty over Taiwan, as legally extraneous and unsubstantiated. The US and UK governments also hold that the Cairo Declaration made in 1943 is just a war-time statement of intention and cannot itself transfer the sovereignty of Taiwan from Japan to China. The ROC argues that the
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
implicitly transferred sovereignty of Taiwan to it, however the US State Dept. disagreed with such an interpretation in its 1971 Starr Memorandum.


Arguments against Taiwan being legally part of China

A number of supporters of
Taiwan independence Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
argue that Taiwan was only formally incorporated as a Chinese territory under the
Qing Dynasty The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
in 1683, and as a province in 1885. Subsequently, because of the Shimonoseki Treaty of 1895, Taiwan had been ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' part of Japan when the ROC was established in 1912 and thus was not part of the Chinese republic. Also, because the Cairo Declaration was an unsigned press communiqué, the independence advocates argue that the legal effectiveness of the Declaration is highly questionable. Furthermore, they point out that the Instrument of Surrender of Japan was no more than an
armistice An armistice is a formal agreement of warring parties to stop fighting. It is not necessarily the end of a war, as it may constitute only a cessation of hostilities while an attempt is made to negotiate a lasting peace. It is derived from the La ...
, a " modus vivendi" in nature, which served as a temporary or provisional agreement that would be replaced with a
peace treaty A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice An armistice is a formal agreement of warring ...
. Therefore, only a military occupation of Taiwan began on 25 October 1945, and both the
Treaty of San Francisco The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
and
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
hold legal supremacy over the surrender instrument. These treaties did not transfer the title of Taiwan from Japan to China. Some argue that Taiwan was returned to the people of Taiwan when Japan renounced sovereignty of Taiwan based on the policy of
self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It stat ...
which has been applied to "territories which detached from enemy states as a result of the Second World War" as defined by article 76b and 77b of the
United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
and also by the protocol of the
Yalta Conference The Yalta Conference (codenamed Argonaut), also known as the Crimea Conference, held 4–11 February 1945, was the World War II meeting of the heads of government of the United States, the United Kingdom, and the Soviet Union to discuss the post ...
. The United Nations General Assembly has not been particularly receptive to this argument, and the ROC's applications for admission to the United Nations have been rejected 15 times. Although the interpretation of the peace treaties was used to challenge the legitimacy of the ROC on Taiwan before the 1990s, the introduction of popular elections in Taiwan has compromised this position. Except for the most extreme Taiwan independence supporters, most Taiwanese support the
popular sovereignty Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any ...
theory and no longer see much conflict between this theory of sovereignty and the ROC position. In this sense, the ROC government currently administering Taiwan is not the same ROC which accepted Japanese surrender because the ruling authorities were given popular mandate by different pools of constituencies: one is the mainland Chinese electorate, the other is the Taiwanese constituencies. In fact, former president
Chen Shui-bian Chen Shui-bian (; born 12 October 1950) is a retired Taiwanese politician and lawyer who served as the president of the Republic of China (Taiwan) from 2000 to 2008. Chen was the first president from the Democratic Progressive Party (DPP) whic ...
has been frequently emphasizing the popular sovereignty theory in his speeches. However, as of 2010, the conflict between these two theories still plays a role in internal Taiwanese politics. The popular sovereignty theory, which the
pan-green coalition The pan-Green coalition, pan-Green force or pan-Green groups is a nationalist political coalition in Taiwan (Republic of China), consisting of the Democratic Progressive Party (DPP), Taiwan Statebuilding Party (TSP), Taiwan Solidarity Union ...
emphasizes, suggests that Taiwan could make fundamental constitutional changes by means of a popular referendum. The ROC legal theory, which is supported by the
pan-blue coalition The pan-Blue coalition, pan-Blue force or pan-Blue groups is a political coalition in the Republic of China (Taiwan) consisting of the Kuomintang (KMT), People First Party (PFP), New Party (CNP), Non-Partisan Solidarity Union (NPSU), and Young ...
, suggests that any fundamental constitutional changes would require that the amendment procedure of the ROC constitution be followed.


Historical overview


1895–1945 – Japanese rule


Treaty of Shimonoseki

Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
(Formosa) including the
Pescadores The Penghu (, Hokkien Pe̍h-ōe-jī, POJ: ''Phîⁿ-ô͘''  or ''Phêⁿ-ô͘'' ) or Pescadores Islands are an archipelago of 90 islands and islets in the Taiwan Strait, located approximately west from the main island of Taiwan, cov ...
were permanently ceded by
Qing Dynasty The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
China to
Imperial Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent forma ...
via Articles 2b and 2c of the
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
on 8 May 1895 in one of what the Chinese term an
unequal treaty Unequal treaty is the name given by the Chinese to a series of treaties signed during the 19th and early 20th centuries, between China (mostly referring to the Qing dynasty) and various Western powers (specifically the British Empire, France, the ...
.
Kinmen Kinmen, alternatively known as Quemoy, is a group of islands governed as a county by the Republic of China (Taiwan), off the southeastern coast of mainland China. It lies roughly east of the city of Xiamen in Fujian, from which it is separat ...
and
Matsu Islands The Matsu Islands ( or , ; Foochow Romanized: Mā-cū liĕk-dō̤), officially Lienchiang County (, ; Foochow Romanized: Lièng-gŏng-gâing), are an archipelago of 36 islands and islets in the East China Sea governed by the Republic of China ( ...
on the coast of Fukien, and the islands in the South China Sea currently administered by the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
on Taiwan were not part of the cession. In 1895, subsequent to the
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
, officials in Taiwan declared independence. The Republic of Taiwan (1895) collapsed after 12 days due to political infighting, but local leaders continued resistance in the hope of achieving self-rule. The incoming Japanese crushed the island's independence bid in a five-month campaign. The
Chinese Chinese can refer to: * Something related to China * Chinese people, people of Chinese nationality, citizenship, and/or ethnicity **''Zhonghua minzu'', the supra-ethnic concept of the Chinese nation ** List of ethnic groups in China, people of ...
Qing Dynasty The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
was subsequently overthrown and replaced by the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
(ROC). Upon the outbreak of the
Second Sino-Japanese War The Second Sino-Japanese War (1937–1945) or War of Resistance (Chinese term) was a military conflict that was primarily waged between the Republic of China and the Empire of Japan. The war made up the Chinese theater of the wider Pacific Th ...
, the ROC declared the
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
void in its declaration of war on Japan. The war soon merged with
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
, and Japan was subsequently defeated in 1945 by the Allied Powers, of which the ROC was a part.


Potsdam Declaration and surrender of Japan

The United States entered the War in December 1941. Most military attacks against Japanese installations and Japanese troops in Taiwan were conducted by United States military forces. At the
Cairo Conference The Cairo Conference (codenamed Sextant) also known as the First Cairo Conference, was one of the 14 summit meetings during World War II that occurred on November 22–26, 1943. The Conference was held in Cairo, Egypt, between the United Kingdo ...
, the U.S., United Kingdom, and the ROC agreed that Taiwan was to be restored to the ROC after the war. This agreement was enunciated in the Cairo Declaration and the
Potsdam Declaration The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Uni ...
, which outlined the terms of Japanese surrender, specified that the terms of the Cairo Declaration shall be carried out. When Japan unconditionally surrendered, it accepted in its Instrument of Surrender the terms of the Potsdam Declaration. Japanese troops in Taiwan were directed to surrender to the representatives of the Supreme Allied Commander in the China Theater,
Chiang Kai-shek Chiang Kai-shek (31 October 1887 – 5 April 1975), also known as Chiang Chung-cheng and Jiang Jieshi, was a Chinese Nationalist politician, revolutionary, and military leader who served as the leader of the Republic of China (ROC) from 1928 ...
(i.e. the Republic of China military forces) on behalf of the
Allies An alliance is a relationship among people, groups, or states that have joined together for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out among them. Members of an alliance are called ...
, according to the directions of General
Douglas MacArthur Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
, head of the United States Military Government, in
General Order No. 1 General Order No. 1 (Japanese language, Japanese:一般命令第一号) for the surrender of Japan was prepared by the United States Joint Chiefs of Staff and approved by President of the United States, President Harry Truman on August 17, 1945. ...
, which was issued 2 September 1945. Chief Executive
Chen Yi Chen Yi may refer to: * Xuanzang (602–664), born as Chen Yi, Chinese Buddhist monk in Tang Dynasty * Chen Yi (Kuomintang) Chen Yi (; courtesy names Gongxia (公俠) and later Gongqia (公洽), sobriquet Tuisu (退素); May 3, 1883 – June ...
of
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
soon proclaimed "Taiwan
Retrocession Day Retrocession Day is the name given to the annual observance and a former public holiday in Taiwan to commemorate the end of Japanese rule of Taiwan and Penghu, and the claimed retrocession ("return") of Taiwan to the Republic of China on 25 Oct ...
" on 25 October 1945.


1945–present – post-World War II status


1947 – 228 Incident

When the 228 Incident erupted on 28 February 1947, the U.S. Consulate-General in
Taipei Taipei (), officially Taipei City, is the capital and a special municipality of the Republic of China (Taiwan). Located in Northern Taiwan, Taipei City is an enclave of the municipality of New Taipei City that sits about southwest of the n ...
prepared a report in early March, calling for an immediate intervention in the name of the U.S. or the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
. Based on the argument that the Japanese surrender did not formally transfer sovereignty, Taiwan was still legally part of Japan and occupied by the United States (with administrative authority for the occupation delegated to the Chinese Nationalists), and a direct intervention was appropriate for a territory with such status. This proposed intervention, however, was rejected by the U.S. State Department. In a news report on the aftermath of the ''228 Incident'', some Taiwanese residents were reported to be talking of appealing to the United Nations to put the island under an international mandate, since China's possession of Taiwan had not been formalized by any international treaties by that time and the island was therefore still under belligerent occupation. They later made a demand for a treaty role to be represented at the forthcoming peace conference on Japan, in the hope of requesting a
plebiscite A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
to determine the island's political future.


1950–1953 – Korean War and U.S. intervention

At the start of 1950,
U.S. President The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
appeared to accept the idea that sovereignty over Taiwan was already settled when the
United States Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
stated that "In keeping with these airo and Potsdam/nowiki> declarations, Formosa was surrendered to Generalissimo Chiang-Kai Shek, and for the past four years, the United States and Other Allied Powers have accepted the exercise of Chinese authority over the Island." However, after the outbreak of the
Korean War , date = {{Ubl, 25 June 1950 – 27 July 1953 (''de facto'')({{Age in years, months, weeks and days, month1=6, day1=25, year1=1950, month2=7, day2=27, year2=1953), 25 June 1950 – present (''de jure'')({{Age in years, months, weeks a ...
, Truman decided to "neutralize" Taiwan claiming that it could otherwise trigger another world war. In June 1950, President Truman, who had previously given only passive support to Chiang Kai-shek and was prepared to see Taiwan fall into the hands of the
Chinese Communists The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and sole ruling party of the People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victorious in the Chinese Ci ...
, vowed to stop the spread of communism and sent the
U.S. Seventh Fleet The Seventh Fleet is a numbered fleet of the United States Navy. It is headquartered at U.S. Fleet Activities Yokosuka, in Yokosuka, Kanagawa Prefecture, Japan. It is part of the United States Pacific Fleet. At present, it is the largest of th ...
into the
Taiwan Strait The Taiwan Strait is a -wide strait separating the island of Taiwan and continental Asia. The strait is part of the South China Sea and connects to the East China Sea to the north. The narrowest part is wide. The Taiwan Strait is itself a s ...
to prevent the PRC from attacking Taiwan, but also to prevent the ROC from attacking mainland China. He then declared that "the determination of the future status of Formosa must await the restoration of security in the Pacific, a peace settlement with Japan, or consideration by the United Nations." President Truman later reaffirmed the position "that all questions affecting Formosa be settled by peaceful means as envisaged in the
Charter of the United Nations The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
" in his special message to the Congress in July 1950. The PRC denounced his moves as flagrant interference in the internal affairs of China. On 8 September 1950, President Truman ordered
John Foster Dulles John Foster Dulles (, ; February 25, 1888 – May 24, 1959) was an American diplomat, lawyer, and Republican Party politician. He served as United States Secretary of State under President Dwight D. Eisenhower from 1953 to 1959 and was briefly ...
, then Foreign Policy Advisor to the
U.S. Secretary of State The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
, to carry out his decision on "neutralizing" Taiwan in drafting the Treaty of Peace with Japan (
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
Peace Treaty) of 1951. According to
George H. Kerr George H. Kerr (November 7, 1911 – August 27, 1992), also known in Taiwan as 葛超智 (or 柯喬治), was a United States diplomat during World War II, and in later years he was an author and an academic. His published works and archived pap ...
's memoir '' Formosa Betrayed'', Dulles devised a plan whereby Japan would first merely renounce its sovereignty over Taiwan without a recipient country to allow the sovereignty over Taiwan to be determined together by the United States, the United Kingdom,
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
, and Republic of China on behalf of other nations on the peace treaty. The question of Taiwan would be taken into the United Nations (of which the ROC was still part), if these four parties could not reach into an agreement within one year.


1952 – Treaty of Peace with Japan (San Francisco)

When Japan regained sovereignty over itself in 1952 with the conclusion of the Treaty of Peace with Japan (San Francisco Peace Treaty) with 48 nations, Japan renounced all claims and title over Taiwan and the Pescadores. Many claim that Japanese sovereignty only terminated at that point. Notably absent at the peace conference was the ROC which was expelled from
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
in December 1949 as a result of the
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m ...
and had retreated to Taiwan. The PRC, which was proclaimed 1 October 1949, was also not invited. The lack of invitation was probably due to the dispute over which government was the legitimate government of China (which both governments claimed to be); however, Cold War considerations might have played a part as well. Some major governments represented in the San Francisco Conference, such as the UK and Soviet Union, had already established relations with the PRC, while others, such as the U.S. and Japan, still held relations with the ROC. The UK at that time stated for the record that the San Francisco Peace Treaty "itself does not determine the future of these islands," and therefore the UK, along with Australia and New Zealand, was happy to sign the peace treaty. One of the major reasons that the delegate from the Soviet Union gave for not signing the treaty was that: "The draft contains only a reference to the renunciation by Japan of its rights to these territories
aiwan Aiwan may refer to: * Eyvan, a city in Iran *Shalimar Gardens (Lahore) The Shalimar Gardens ( ur, , translit=Shālāmār Bāgh) are a Mughal garden complex located in Lahore, Pakistan. The gardens date from the period when the Mughal Empire was ...
but intentionally omits any mention of the further fate of these territories." Article 25 of this treaty officially stipulated that only the Allied Powers defined in the treaty could benefit from this treaty. China was not listed as one of the Allied Powers; however, article 21 still provided limited benefits from Articles 10 and 14(a)2 for China. Japan's cession of Taiwan is unusual in that no recipient of Taiwan was stated as part of Dulles's plan of "neutralizing" Taiwan. The ROC protested its lack of invitation to the San Francisco Peace conference, to no avail.


1952 – Treaty of Taipei

Subsequently, the
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
was concluded between the ROC and Japan on 28 April 1952 (effective 5 August), where Japan essentially re-affirmed the terms of the San Francisco Peace Treaty, and formalized the peace between the ROC and Japan. It also nullified all previous treaties made between China and Japan. Article 10 of the treaty specifies:
"For the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendants who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores)."
However, the ROC Minister of Foreign Affairs George Kung-ch'ao Yeh told the Legislative Yuan after signing the treaty that: "The delicate international situation makes it that they aiwan and Penghudo not belong to us. Under present circumstances, Japan has no right to transfer
aiwan Aiwan may refer to: * Eyvan, a city in Iran *Shalimar Gardens (Lahore) The Shalimar Gardens ( ur, , translit=Shālāmār Bāgh) are a Mughal garden complex located in Lahore, Pakistan. The gardens date from the period when the Mughal Empire was ...
to us; nor can we accept such a transfer from Japan even if she so wishes." In July 1971 the U.S. State Department's position was, and remains: "As Taiwan and the Pescadores are not covered by any existing international disposition, sovereignty over the area is an unsettled question subject to future international resolution."


Question of sovereignty over Taiwan


Position of the People's Republic of China (PRC)

The position of the
PRC China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
is that the ROC ceased to be a legitimate government upon the founding of the former on 1 October 1949 and that the PRC is the successor of the ROC as the sole legitimate government of China, with the right to rule Taiwan under the succession of states theory. The position of PRC is that the ROC and PRC are two different factions in the
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m ...
, which never legally ended. Therefore, the PRC claims that both factions belong to the same sovereign country—China. Since, as per the PRC, Taiwan's sovereignty belongs to China, the PRC's government and supporters believe that the secession of Taiwan should be agreed upon by all 1.3 billion Chinese citizens instead of just the 23 million residents of Taiwan. Furthermore, the position of PRC is that
UN General Assembly Resolution 2758 The United Nations General Assembly Resolution 2758 (also known as the Resolution on Admitting Peking) was passed in response to the United Nations General Assembly Resolution 1668 that required any change in China's representation in the UN b ...
, which states "Recognizing that the representatives of the Government of the People's Republic of China are the only lawful representatives of China to the United Nations", means that the PRC is recognized as having the sovereignty of all of China, including Taiwan. Therefore, the PRC believes that it is within their legal rights to extend its jurisdiction to Taiwan, by military means if at all necessary. In addition, the position of PRC is that the ROC does not meet the fourth criterion of the Montevideo Convention, as it is recognized by only and has been denied access to international organizations such as the UN. The PRC points out the fact that the
Montevideo Convention The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The Convention codifies the declarative theory of stateh ...
was only signed by 19 states at the Seventh International Conference of American States. Thus the authority of the United Nations as well as UN Resolutions should supersede the
Montevideo Convention The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The Convention codifies the declarative theory of stateh ...
. However, "When speaking of statehood, one invariably refers to the 1933 Montevideo Convention on the Rights and Duties of States, 60 which, laying down what is now considered a rule of customary international law, states that " he State as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other States." Taiwan indeed satisfies all these criteria for statehood." Many would argue that Taiwan meets all the requirements of the Montevideo Convention. But to make such an argument, one has to reject China's claim of sovereignty over the territory of the Taiwan island, a claim that has been recognized by most states in the world. It is clear that the PRC still maintains that "there is only one China in the world" and "Taiwan is an inalienable part of China", however instead of "the Government of the People's Republic of China is the sole legal government of China", the PRC now emphasizes that "both Taiwan and the mainland belong to one and the same China". Although the current position allows for flexibility in terms of defining that "one China", any departure from the
One-China policy The term One China may refer to one of the following: * The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
is deemed unacceptable by the PRC government. The PRC government is unwilling to negotiate with the ROC government under any formulation other than One-China policy, although a more flexible definition of "one China" such as found in the
1992 consensus The 1992 Consensus is a political term referring to the alleged outcome of a meeting in 1992 between the semiofficial representatives of the People's Republic of China (PRC) of mainland China and the Republic of China (ROC) of Taiwan. They are of ...
is possible under PRC policy. The PRC government considers the 1992 consensus a temporary measure to set aside sovereignty disputes and to enable talks. The PRC government considers perceived violations of its "One-China policy" or inconsistencies with it such as supplying the ROC with arms a violation of its rights to
territorial integrity Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized ...
. International news organizations often report that "China considers Taiwan a renegade province that must be united with the mainland by force if necessary", even though the PRC does not explicitly say that Taiwan is a "renegade province" in any press releases. However, official PRC media outlets and officials often refer to Taiwan as "China's
Taiwan Province Taiwan Province (; Pha̍k-fa-sṳ, PFS: ''Thòi-vàn-sén'' or ''Thòi-vân-sén'') is a nominal Administrative divisions of Taiwan, administrative division of the Taiwan, Republic of China (ROC). Its definition has remained part of the Constit ...
" or simply "
Taiwan, China "Taiwan, China", "Taiwan, Province of China", and "Taipei, China" are political terms that claim Taiwan and its associated territories as a province or territory of "China". The term "Taiwan, China" () is used by Chinese state media even ...
", and pressure international organizations to use the term.


Position of the Republic of China (ROC)

The ROC argues that it maintains all the characteristics of a state and that it was not "replaced" or "succeeded" by the PRC because it has continued to exist long after the PRC's founding. According to the
Montevideo Convention The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The Convention codifies the declarative theory of stateh ...
of 1933, the most cited source for the definition of statehood, a state must possess a permanent population, a defined territory, a government, and the capacity to enter into relations with other states. Many argue that the ROC meets all these criteria. However, to make such an argument, one has to reject the PRC's claim of sovereignty over the territory of the
Taiwan island Taiwan, officially the Republic of China (ROC), is an island country located in East Asia. The main island of Taiwan, formerly known in the Western political circles, press and literature as Formosa, makes up 99% of the land area of the territorie ...
, a claim that the PRC has forced all other states to accept as a condition to establish
diplomatic relations Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. 1 ...
with it, as well as severing said relations with the ROC. Most states have either officially recognized this claim or carefully worded their agreement ambiguously, such as the United States. Both the original 1912
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
and the 1923 draft version failed to list Taiwan as a part of the ROC since at the time Taiwan was Japanese territory. It was only in the mid-1930s when both the CPC and KMT realised the future strategic importance of Taiwan that they altered their party positions to make a claim on Taiwan as a part of China. After losing the Civil War against the Communist Party in 1949, Chiang Kai-shek and the Nationalist Party fled to Taiwan, and continued to maintain that their government represented all of China, i.e. both Taiwan and the mainland. The position of most supporters of
Taiwan independence Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
is that the PRC is the government of "China" and that Taiwan is not part of China, defining "China" as only including Mainland China, Hong Kong, and Macau. Regarding the ROC, one ideology within Taiwan independence regards the ROC as already an independent, sovereign state, and seeks to amend the ROC's existing name, constitution, and existing framework to reflect the loss of ROC's mainland territory, and transform ROC into a Taiwan state; while another ideology of Taiwan independence regards the ROC as both a military government that has been administering the Taiwan island as a result of post-war
military occupation Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
on behalf of the
allies of World War II The Allies, formally referred to as the United Nations from 1942, were an international military coalition formed during the Second World War (1939–1945) to oppose the Axis powers, led by Nazi Germany, Imperial Japan, and Fascist Italy. ...
since 1945, and a Chinese refugee regime currently in exile on Taiwan since 1949, and seeks to eliminate the ROC and establish a new independent Taiwan state. The Democratic Progressive Party states that Taiwan has never been under the jurisdiction of the PRC, and that the PRC does not exercise any hold over the 23 million Taiwanese on the island. On the other hand, the position of most
Chinese unification Chinese unification, also known as the Cross-Strait unification or Chinese reunification, is the potential unification of territories currently controlled, or claimed, by the People's Republic of China ("China" or "Mainland China") and the ...
supporters is that the
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m ...
is still not over since no peace agreement has ever been signed, and that the current status is a state of
ceasefire A ceasefire (also known as a truce or armistice), also spelled cease fire (the antonym of 'open fire'), is a temporary stoppage of a war in which each side agrees with the other to suspend aggressive actions. Ceasefires may be between state act ...
between two
belligerents A belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. The term comes from the Latin ''bellum gerere'' ("to wage war"). Unlike the use of ''belligerent'' as an adjective meaning ...
of "
One China The term One China may refer to one of the following: * The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
". The position of the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
has been that it is a ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' sovereign state. "Republic of China," according to the ROC government's definition, extended to both
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
(Including
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
and
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a p ...
) and the island of Taiwan. In 1991,
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Lee Teng-hui Lee Teng-hui (; 15 January 192330 July 2020) was a Taiwanese statesman and economist who served as President of the Republic of China (Taiwan) under the 1947 Constitution and chairman of the Kuomintang (KMT) from 1988 to 2000. He was the fir ...
unofficially claimed that the government would no longer challenge the rule of the Communists in mainland China, the ROC government under
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Tai ...
(KMT) rule actively maintained that it was the sole legitimate government of China. The Courts in Taiwan have never accepted President Lee's statement, primarily due to the reason that the (now defunct)
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
never officially changed the acclaimed national borders. Notably, the People's Republic of China claims that changing the national borders would be "a precursor to Taiwan independence". The task of changing the national borders now requires a constitutional amendment passed by the
Legislative Yuan The Legislative Yuan is the unicameral legislature of the Republic of China (Taiwan) located in Taipei. The Legislative Yuan is composed of 113 members, who are directly elected for 4-year terms by people of the Taiwan Area through a parallel v ...
and ratified by a majority of all eligible ROC voters, which the PRC has implied would constitute grounds for military attack. On the other hand, though the
constitution of the Republic of China The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the session on 25 December 1946, in Nanjing, and adopted on 25 December 1947. The constitution, ...
promulgated in 1946 does not state exactly what territory it includes, the draft of the constitution of 1925 did individually list the provinces of the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
and
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
was not among them, since Taiwan was arguably ''de jure'' part of Japan as the result of the
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
of 1895. The constitution also stipulated in Article I.4, that "the territory of the ROC is the original territory governed by it; unless authorized by the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
, it cannot be altered." However, in 1946,
Sun Fo Sun Fo or Sun Ke (; 21 October 1891 – 13 September 1973), courtesy name Zhesheng (), was a high-ranking official in the government of the Republic of China. He was the son of Sun Yat-sen, the founder of the Republic of China, and his fir ...
, son of
Sun Yat-Sen Sun Yat-sen (; also known by several other names; 12 November 1866 – 12 March 1925)Singtao daily. Saturday edition. 23 October 2010. section A18. Sun Yat-sen Xinhai revolution 100th anniversary edition . was a Chinese politician who serve ...
and the minister of the
Executive Yuan The Executive Yuan () is the executive branch of the government of the Republic of China (Taiwan). Its leader is the Premier, who is appointed by the President of the Republic of China, and requires confirmation by the Legislative Yuan. ...
of the ROC, reported to the National Assembly that "there are two types of territory changes: 1. renouncing territory and 2. annexing new territory. The first example would be the independence of
Mongolia Mongolia; Mongolian script: , , ; lit. "Mongol Nation" or "State of Mongolia" () is a landlocked country in East Asia, bordered by Russia to the north and China to the south. It covers an area of , with a population of just 3.3 million, ...
, and the second example would be the reclamation of
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
. Both would be examples of territory changes." Japan renounced all rights to Taiwan in the
Treaty of San Francisco The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
in 1951 and the
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
of 1952 without an explicit recipient. While the ROC continuously ruled Taiwan after the government was directed to Taiwan by the
General Order No. 1 General Order No. 1 (Japanese language, Japanese:一般命令第一号) for the surrender of Japan was prepared by the United States Joint Chiefs of Staff and approved by President of the United States, President Harry Truman on August 17, 1945. ...
(1945) to receive Japanese surrender, there has never been a meeting of the ROC National Assembly in making a territory change according to the ROC constitution. The explanatory memorandum to the constitution explained the omission of individually listing the provinces as opposed to the earlier drafts was an act of deliberate ambiguity: as the ROC government does not recognize the validity of the Treaty of Shimonoseki, based on Chiang Kai-shek's
Denunciation Denunciation (from Latin ''denuntiare'', "to denounce") is the act of publicly assigning to a person the blame for a perceived wrongdoing, with the hope of bringing attention to it. Notably, centralized social control in authoritarian states re ...
of the treaty in the late 1930s, hence (according to this argument) the sovereignty of Taiwan was never disposed by China. A ratification by the ROC National Assembly is therefore unnecessary. The
Additional Articles of the Constitution of the Republic of China The Additional Articles of the Constitution of the Republic of China are the revisions and constitutional amendments to the original constitution to meet the requisites of the nation and the political status of Taiwan "prior to national uni ...
have mentioned "Taiwan Province," and the now defunct National Assembly passed constitutional amendments that give the people of the "
Free Area of the Republic of China The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", "Tai-Min Area (Taiwan and Fujian)" or simply the "Taiwan Area", is a term used by the government of the Republic of China (ROC) to refer to ...
", comprising the territories under its current jurisdiction, the sole right, until unification, to exercise the sovereignty of the Republic through elections of the President and the entire Legislature as well as through elections to ratify amendments to the ROC constitution. Also, Chapter I, Article 2 of the ROC constitution states that "The sovereignty of the Republic of China shall reside in the whole body of citizens." This suggests that the constitution implicitly admits that the sovereignty of the ROC is limited to the areas that it controls even if there is no constitutional amendment that explicitly spells out the ROC's borders. In 1999, ROC President
Lee Teng-hui Lee Teng-hui (; 15 January 192330 July 2020) was a Taiwanese statesman and economist who served as President of the Republic of China (Taiwan) under the 1947 Constitution and chairman of the Kuomintang (KMT) from 1988 to 2000. He was the fir ...
proposed a two-state theory (兩國論) in which both the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
and the People's Republic of China would acknowledge that they are two separate countries with a special diplomatic, cultural and historic relationship. This however drew an angry reaction from the PRC who believed that Lee was covertly supporting
Taiwan independence Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
. President
Chen Shui-bian Chen Shui-bian (; born 12 October 1950) is a retired Taiwanese politician and lawyer who served as the president of the Republic of China (Taiwan) from 2000 to 2008. Chen was the first president from the Democratic Progressive Party (DPP) whic ...
(2000 – May 2008) fully supported the idea that the "
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
is an independent, sovereign country" but held the view that the Republic of China is Taiwan and Taiwan does not belong to the People's Republic of China. This is suggested in his
Four-stage Theory of the Republic of China The Four-Stage Theory of the Republic of China or the Theory of the Four Stages of the Republic of China is a viewpoint proposed by Chen Shui-bian, the President of the Republic of China from 2000 to 2008, in 2005. It is a viewpoint regarding the ...
. Due to the necessity of avoiding war with the
PRC China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
however, President Chen had refrained from formally declaring Taiwan's independence. Government publications have implied that Taiwan refers to the ROC, and "China" refers to the PRC. After becoming chairman of the
Democratic Progressive Party The Democratic Progressive Party (DPP) is a Taiwanese nationalist and centre-left political party in the Republic of China (Taiwan). Controlling both the Republic of China presidency and the unicameral Legislative Yuan, it is the majori ...
in July 2002, Chen appeared to move further than Lee's special two-state theory and in early August 2002, by putting forward the "
one country on each side One Country on Each Side is a concept originating in the Democratic Progressive Party government led by Chen Shui-bian, the former president of the Republic of China (2000–2008), regarding the political status of Taiwan. It emphasizes that th ...
" concept, he stated that Taiwan may "go on its own Taiwanese road" and that "it is clear that the two sides of the straits are separate countries." These statements essentially eliminate any "special" factors in the relations and were strongly criticized by opposition parties in Taiwan. President Chen has repeatedly refused to endorse the
One China Principle The term One China may refer to one of the following: * The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
or the more "flexible"
1992 Consensus The 1992 Consensus is a political term referring to the alleged outcome of a meeting in 1992 between the semiofficial representatives of the People's Republic of China (PRC) of mainland China and the Republic of China (ROC) of Taiwan. They are of ...
the PRC demands as a precursor to negotiations with the PRC. During Chen's presidency, there had not been any successful attempts to restart negotiations on a semi-official level. In the 2008 ROC elections, the people delivered KMT's
Ma Ying-jeou Ma Ying-jeou ( zh, 馬英九, born 13 July 1950) is a Hong Kong-born Taiwanese politician who served as president of the Republic of China from 2008 to 2016. Previously, he served as justice minister from 1993 to 1996 and mayor of Taipei from ...
with an election win as well as a sizable majority in the legislature. President Ma, throughout his election campaign, maintained that he would accept the 1992 consensus and promote better relations with the PRC. In respect of Taiwan political status, his policy was 1. he would not negotiate with the PRC on the subject of unification during his term; 2. he would never declare Taiwan independence; and 3. he would not provoke the PRC into attacking Taiwan. He officially accepted the 1992 Consensus in his inauguration speech which resulted in direct semi-official talks with the PRC, and this later led to the commencement of weekend direct charter flights between mainland China and Taiwan. President Ma also interprets the cross-strait relations as "
special Special or specials may refer to: Policing * Specials, Ulster Special Constabulary, the Northern Ireland police force * Specials, Special Constable, an auxiliary, volunteer, or temporary; police worker or police officer Literature * ''Specia ...
", "but not that between two nations". He later stated that mainland China is part of the territory of the Republic of China, and laws relating to international relations are not applicable to the relations between mainland China and Taiwan, as they are parts of a state. In 2016,
Tsai Ing-Wen Tsai Ing-wen (; born 31 August 1956) is a Taiwanese politician serving as president of the Republic of China (Taiwan) since 2016. A member of the Democratic Progressive Party (DPP), Tsai is the first female president of Taiwan. She served as ...
of the
DPP DPP may stand for: Business *Digital Production Partnership, of UK public service broadcasters * Direct Participation Program, a financial security * Discounted payback period Photography * Digital Photo Professional, Canon software Law en ...
won a landslide victory on the Presidential election, and was later re-elected for the second term in 2020. She refused to agree that Taiwan is part of China, and also rejects the
One country, two systems "One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau. The constitutional principle was formulated in the early ...
model proposed by the PRC. Instead she said that Taiwan is already an independent country and Beijing must face this reality.


Position of other countries and international organizations

Because of anti-communist sentiment at the start of the Cold War, the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
was initially recognized as the sole legitimate government of China by the United Nations and most Western nations. On 9 January 1950, the Israeli government extended recognition to the People's Republic of China.
United Nations General Assembly Resolution 505 The United Nations General Assembly Resolution 505 is titled ''Threats to the political independence and territorial integrity of China and to the peace of the Far East, resulting from Soviet violations of the Sino-Soviet Treaty of Friendship and ...
, passed on 1 February 1952 considered the Chinese communists to be rebels against the Republic of China. However, the 1970s saw a switch in diplomatic recognitions from the ROC to the PRC. On 25 October 1971, Resolution 2758 was passed by the
UN General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
, which "decides to restore all its rights to the People's Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it." Multiple attempts by the Republic of China to rejoin the UN, no longer to represent all of China but just the people of the territories it governs, have not made it past committee, largely due to diplomatic maneuvering by the PRC, which claims Resolution 2758 has settled the matter. The PRC refuses to maintain diplomatic relations with any nation that recognizes the ROC, but does not object to nations conducting economic, cultural, and other such exchanges with Taiwan that do not imply diplomatic relation. Therefore, many nations that have diplomatic relations with Beijing maintain quasi-diplomatic offices in Taipei. Similarly, the government in Taiwan maintains quasi-diplomatic offices in most nations under various names, most commonly as the
Taipei Economic and Cultural Office The Taipei Economic and Cultural Representative Office (TECRO), also known as Taipei Economic and Cultural Office (TECO), Taipei Representative Office (TRO) or Taipei Mission, is an alternative Diplomatic mission, diplomatic institution serving a ...
. The United States of America is one of the main allies of Taiwan and, since the
Taiwan Relations Act The Taiwan Relations Act (TRA; ; Pha̍k-fa-sṳ: ''Thôi-van Kwan-hè-fap''; ) is an act of the United States Congress. Since the formal recognition of the People's Republic of China, the Act has defined the officially substantial but non-diplo ...
passed in 1979, the United States has sold arms and provided military training to Taiwan's
Republic of China Armed Forces The Republic of China Armed Forces (ROC Armed Forces) are the armed forces of the Republic of China (ROC), once based in mainland China and currently in its remaining jurisdictions which include the islands of Taiwan, Penghu, Kinmen, Matsu ...
. This situation continues to be a point of contention for People's Republic of China, which considers US involvement disruptive to the stability of the region. In January 2010, the Obama administration announced its intention to sell $6.4 billion worth of military hardware to Taiwan. As a consequence, China threatened the United States with economic sanctions and warned that their cooperation on international and regional issues could suffer. The official position of the United States is that China is expected to "use no force or threat nto use force against Taiwan" and that Taiwan is to "exercise prudence in managing all aspects of
Cross-Strait relations Cross-Strait relations (sometimes called Mainland–Taiwan relations, or Taiwan-China relations) are the relations between China (officially the People's Republic of China) and Taiwan (officially the Republic of China). The relationship ...
." Both are to refrain from performing actions or espousing statements "that would unilaterally alter Taiwan's status." The United States maintains the
American Institute in Taiwan The American Institute in Taiwan (AIT; ) is the ''de facto'' Embassy of the United States of America in Taiwan. The AIT institution is a wholly-owned subsidiary of the federal government of the United States in Taiwan with Congressional oversi ...
. The United States, the United Kingdom, Japan, India, Pakistan and Canada have formally adopted the
One China The term One China may refer to one of the following: * The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
policy, under which the People's Republic of China is theoretically the sole legitimate government of China. However, the United States and Japan ''acknowledge'' rather than ''recognize'' the PRC position that Taiwan is part of China. In the case of the United Kingdom and Canada, bilateral written agreements state that the two respective parties ''take note'' of Beijing's position but do not use the word ''support''. The UK government position that "the future of Taiwan be decided peacefully by the peoples of both sides of the Strait" has been stated several times. Despite the PRC claim that the United States opposes Taiwanese independence, the United States takes advantage of the subtle difference between "oppose" and "does not support". In fact, a substantial majority of the statements Washington has made says that it "does not support Taiwan independence" instead of saying that it "opposes" independence. Thus, the US currently does not take a position on the political outcome, except for one explicit condition that there be a peaceful resolution to the differences between the two sides of the
Taiwan Strait The Taiwan Strait is a -wide strait separating the island of Taiwan and continental Asia. The strait is part of the South China Sea and connects to the East China Sea to the north. The narrowest part is wide. The Taiwan Strait is itself a s ...
. The United States bi-partisan position is that it does not ''recognize'' the PRC's claim over Taiwan, and considers Taiwan's status as unsettled. All of this ambiguity has resulted in the United States constantly walking on a diplomatic tightrope with regard to cross strait relations. The ROC maintains formal diplomatic relations with , mostly in Central America, the Caribbean, Africa and Oceania. Additionally, the
Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome ...
also recognizes the ROC, a largely non-Christian/
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
state, due partly to the Catholic Church's traditional opposition to communism, and also to protest what it sees as the PRC's suppression of the Catholic faith in mainland China. However,
Vatican Vatican may refer to: Vatican City, the city-state ruled by the pope in Rome, including St. Peter's Basilica, Sistine Chapel, Vatican Museum The Holy See * The Holy See, the governing body of the Catholic Church and sovereign entity recognized ...
diplomats were engaged in talks with PRC politicians at the time of Pope
John Paul II Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...
's death, with a view towards improving relations between the two countries. When asked, one Vatican diplomat suggested that relations with Taiwan might prove "expendable" should PRC be willing to engage in positive diplomatic relations with the Holy See. Under
Pope Benedict XVI Pope Benedict XVI ( la, Benedictus XVI; it, Benedetto XVI; german: link=no, Benedikt XVI.; born Joseph Aloisius Ratzinger, , on 16 April 1927) is a retired prelate of the Catholic church who served as the head of the Church and the sovereign ...
the Vatican and PRC have shown greater interest in establishing ties, including the appointment of pro-Vatican bishops and the Pope canceling a planned visit from the
14th Dalai Lama The 14th Dalai Lama (spiritual name Jetsun Jamphel Ngawang Lobsang Yeshe Tenzin Gyatso, known as Tenzin Gyatso (Tibetan: བསྟན་འཛིན་རྒྱ་མཚོ་, Wylie: ''bsTan-'dzin rgya-mtsho''); né Lhamo Thondup), known as ...
. During the 1990s, there was a diplomatic tug of war in which the PRC and ROC attempted to outbid each other to obtain the diplomatic support of small nations. This struggle seems to have slowed as a result of the PRC's growing economic power and doubts in Taiwan as to whether this aid was actually in the Republic of China's interest. In March 2004,
Dominica Dominica ( or ; Kalinago: ; french: Dominique; Dominican Creole French: ), officially the Commonwealth of Dominica, is an island country in the Caribbean. The capital, Roseau, is located on the western side of the island. It is geographically ...
switched recognition to the PRC in exchange for a large aid package. However, in late 2004,
Vanuatu Vanuatu ( or ; ), officially the Republic of Vanuatu (french: link=no, République de Vanuatu; bi, Ripablik blong Vanuatu), is an island country located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is east of no ...
briefly switched recognition from Beijing to Taipei, followed by a return to its recognition of Beijing. On 20 January 2005,
Grenada Grenada ( ; Grenadian Creole French: ) is an island country in the West Indies in the Caribbean Sea at the southern end of the Grenadines island chain. Grenada consists of the island of Grenada itself, two smaller islands, Carriacou and Pe ...
switched its recognition from Taipei to Beijing, in return for millions in aid (US$1,500 for every Grenadian). However, on 14 May 2005,
Nauru Nauru ( or ; na, Naoero), officially the Republic of Nauru ( na, Repubrikin Naoero) and formerly known as Pleasant Island, is an island country and microstate in Oceania, in the Central Pacific. Its nearest neighbour is Banaba Island in Ki ...
announced the restoration of formal diplomatic relations with Taipei after a three-year hiatus, during which it briefly recognized the People's Republic of China. On 26 October 2005,
Senegal Senegal,; Wolof: ''Senegaal''; Pulaar: 𞤅𞤫𞤲𞤫𞤺𞤢𞥄𞤤𞤭 (Senegaali); Arabic: السنغال ''As-Sinighal'') officially the Republic of Senegal,; Wolof: ''Réewum Senegaal''; Pulaar : 𞤈𞤫𞤲𞤣𞤢𞥄𞤲𞤣𞤭 ...
broke off relations with the Republic of China and established diplomatic contacts with Beijing. The following year, on 5 August 2006, Taipei ended relations with
Chad Chad (; ar, تشاد , ; french: Tchad, ), officially the Republic of Chad, '; ) is a landlocked country at the crossroads of North and Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic ...
when Chad established relations with Beijing. On 26 April 2007, however,
Saint Lucia Saint Lucia ( acf, Sent Lisi, french: Sainte-Lucie) is an island country of the West Indies in the eastern Caribbean. The island was previously called Iouanalao and later Hewanorra, names given by the native Arawaks and Caribs, two Amerindian ...
, which had previously severed ties with the Republic of China following a change of government in December 1996, announced the restoration of formal diplomatic relations with Taipei. On 7 June 2007,
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
broke off diplomatic ties with the Republic of China in favour of the People's Republic of China. In January 2008 Malawi's foreign minister reported Malawi decided to cut diplomatic recognition of the Republic of China and recognize the People's Republic of China. The latest countries to break off formal diplomatic relations with Taiwan were
El Salvador El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
on 21 August 2018, the
Solomon Islands Solomon Islands is an island country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and north-west of Vanuatu. It has a land area of , and a population of approx. 700,000. Its capita ...
and
Kiribati Kiribati (), officially the Republic of Kiribati ( gil, ibaberikiKiribati),Kiribati
''The Wor ...
in September 2019 and
Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the cou ...
on 9 December 2021. On 4 November 2013, the Government of the Gambia announced its break-up with Taiwan, but the Foreign Affairs Ministry of China denied any ties with this political movement, adding that they were not considering on building a relation with this African nation. Currently, the countries who maintain formal diplomatic relations with the ROC are: * (1989) * (1968) * (1960) * (1956) * (1965) * (1998) * (1980–2002, 2005) * (1999) * (1957) * (1983) * (1984–1997, 2007) * (1981) * (1979) : 1. Until 2018 called Swaziland. Under continuing pressure from the PRC to bar any representation of the ROC that may imply statehood, international organizations have adopted different policies toward the issue of ROC's participation. In cases where almost all UN members or sovereign states participate, such as the
World Health Organization The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
, the ROC has been completely shut out, while in others, such as the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and e ...
(WTO) and
International Olympic Committee The International Olympic Committee (IOC; french: link=no, Comité international olympique, ''CIO'') is a non-governmental sports organisation based in Lausanne, Switzerland. It is constituted in the form of an association under the Swiss ...
(IOC) the ROC participates under unusual names: "
Chinese Taipei "Chinese Taipei" is the term used in various international organizations and tournaments for groups or delegations representing the Republic of China (ROC), a country commonly known as Taiwan. Due to the One-China principle stipulated by th ...
" in the case of
APEC The Asia-Pacific Economic Cooperation (APEC ) is an inter-governmental forum for 21 member economies in the Pacific Rim that promotes free trade throughout the Asia-Pacific region.
and the IOC, and the "Separate Customs Territory of Taiwan, Penghu, Kimmen and Matsu" (often shortened as "Chinese Taipei") in the case of the WTO. After nine years of negotiations, members of the WTO completed the conditions on which to allow Taiwan admittance into the multilateral trade organization. At the end of 2011, Jeffery Bader, Assistant United States Trade Representative for China, Taiwan, Hong Kong, Macau, led and finalized the final stages of Taiwan's accession to the WTO which were approved by trade ministers in November in Doha, Qatar. The issue of ROC's name came under scrutiny during the 2006 World Baseball Classic. The organizers of the 16-team tournament intended to call Taiwan as such, but reverted to "Chinese Taipei" under pressure from PRC. The ROC protested the decision, claiming that the WBC is not an IOC event, but did not prevail. The
ISO 3166 ISO 3166 is a standard published by the International Organization for Standardization (ISO) that defines codes for the names of countries, dependent territories, special areas of geographical interest, and their principal subdivisions (e.g., ...
directory of names of countries and territories registers Taiwan (TW) separately from and in addition to the People's Republic of China (CN), but lists Taiwan as "Taiwan, Province of China" based on the name used by the UN under PRC pressure. In ISO 3166-2:CN, Taiwan is also coded CN-71 under China, thus making Taiwan part of China in
ISO 3166-1 ISO 3166-1 (''Codes for the representation of names of countries and their subdivisions – Part 1: Country codes'') is a standard defining codes for the names of countries, dependent territories, and special areas of geographical interest. It ...
and
ISO 3166-2 ISO 3166-2 is part of the ISO 3166 standard published by the International Organization for Standardization (ISO), and defines codes for identifying the principal subdivisions (e.g., provinces or states) of all countries coded in ISO 3166-1. The ...
categories. Naming issues surrounding Taiwan/ROC continue to be a contentious issue in non-governmental organizations such as the
Lions Club The International Association of Lions Clubs, more commonly known as Lions Clubs International, is an international non-political service organization established originally in 1916 in Chicago, Illinois (''City in a Garden''); I Will , ...
, which faced considerable controversy naming its Taiwanese branch.


Legal arguments


Arguments for the Republic of China and/or People's Republic of China sovereignty claims

Today, the ROC is the ''de facto'' government of Taiwan; whereas the PRC is the ''de facto'' government over Mainland China. However, each government claims to be the legitimate government of all China ''de jure''. The arguments below are frequently used by proponents and/or opponents of these claims. Arguments common to both the PRC and ROC The ROC and PRC both officially support the
One China policy The term One China may refer to one of the following: * The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
and thus share common arguments. In the arguments below, "Chinese" is an ambiguous term that could mean the PRC and/or ROC as legal government(s) of China. # The waging of aggressive war by Japan against China in 1937 and beyond violates the peace that was brokered in the
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
. In 1941, with the declaration of war against Japan, the Chinese government declared this treaty void ''ab initio'' (never happened in the first place). Therefore, some argue that, with no valid transfer of sovereignty taking place, the sovereignty of Taiwan naturally belongs to China. # The Cairo Declaration of 1 December 1943 was accepted by Japan in its surrender. This document states that Taiwan was to be restored to the Republic of China at the end of World War II. Likewise, the
Potsdam Declaration The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Uni ...
of 26 July 1945, also accepted by Japan, implies that it will no longer have sovereignty over Taiwan by stating that "Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands". # The proclamation of Taiwan
Retrocession Day Retrocession Day is the name given to the annual observance and a former public holiday in Taiwan to commemorate the end of Japanese rule of Taiwan and Penghu, and the claimed retrocession ("return") of Taiwan to the Republic of China on 25 Oct ...
on 25 October 1945, by the ROC (when the PRC had not yet been founded) was entirely uncontested. Had another party been sovereign over Taiwan, that party would have had a period of years in which to protest, and its failure to do so represents cession of rights in the manner of prescription. The lack of protest by any non-Chinese government persists to this day, further strengthening this argument. # The exclusion of Chinese governments (both ROC and PRC) in the negotiation process of the
San Francisco Peace Treaty The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
(SFPT) nullified any legal binding power of the SFPT on China, including any act of renouncing or disposing of sovereignty. In addition, the fact that neither ROC nor PRC government ever ratified SFPT terms, prescribes that the SFPT is irrelevant to any discussion of Chinese sovereignty. # Even if the SFPT were determinative, it should be interpreted in a manner consistent with the Potsdam and Cairo Declarations, therefore sovereignty would still have been transferred to China. # SFPT's validity has come into question as some of the countries participating in the San Francisco conference, such as the USSR, Poland, Czechoslovakia and North and South Korea refused to sign the treaty. # Assuming SFPT is valid in determining the sovereignty over Taiwan, Japan, in the article 2 of the SFPT, renounced all rights, without assigning a recipient, regarding Taiwan. Japan in the same article also renounced, without assigning a recipient, areas which are now internationally recognised as territories of Russia as well as other countries. Given that the sovereignty of these countries over renounced areas are undisputed, the Chinese sovereignty over Taiwan must also be undisputed. Arguments in support of ROC sovereignty claims # The ROC fulfills all requirements for a state according to the Convention of Montevideo, which means it has a territory, a people, and a government. # The ROC continues to exist since its establishment in 1911, only on a reduced territory after 1949. # The creation and continuity of a state is only a factual issue, not a legal question. Declarations and recognition by other states cannot have any impact on their existence. According to the declaratory theory of recognition, the recognition of third states are not a requirement for being a state. Most of the cited declarations by American or British politicians are not legal statements but solely political intents. # The PRC has never exercised control over Taiwan. # The
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
formalized the peace between Japan and the ROC. In it, Japan reaffirmed Cairo Declaration and
Potsdam Declaration The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Uni ...
and voided all treaties conducted between China and Japan (including the Treaty of Shimonoseki). # Applying the principle of ''
uti possidetis ''Uti possidetis'' is an expression that originated in Roman private law, where it was the name of a procedure used in litigation about land. It came from a praetorial edict that could be abbreviated "As you possess, so shall you possess". La ...
'' with regard to the Treaty of Taipei would grant Taiwan's sovereignty to the ROC, as it is undisputed that at the coming into force of the treaty, the ROC controlled Taiwan. # Article 4 of the ROC Constitution clearly states that "The territory of the Republic of China" is defined "according to its existing national boundaries..." Taiwan was historically part of China and is therefore naturally included therein. Also, as
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
is void ''ab initio'', China has never legally dispossessed of the sovereignty of the territory. There is, accordingly, no need to have a National Assembly resolution to include the territory. # The ROC – USA Mutual Defense Treaty of 1955 states that "the terms "territorial" and "territories" shall mean in respect of the Republic of China, Taiwan and the Pescadores" and thus can be read as implicitly recognizing the ROC sovereignty over Taiwan. However, the treaty was terminated in 1980. Arguments in support of PRC sovereignty claims
# The PRC does not recognize the validity of any of the unequal treaties the Qing signed in the "century of humiliation," as it considers them all unjust and illegal, as is the position during
Transfer of sovereignty of Hong Kong Transfer may refer to: Arts and media * ''Transfer'' (2010 film), a German science-fiction movie directed by Damir Lukacevic and starring Zana Marjanović * ''Transfer'' (1966 film), a short film * ''Transfer'' (journal), in management studies ...
from the United Kingdom to the PRC. As such, the cession of Taiwan in the 1895
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
actually never took place in a ''de jure'' fashion. The PRC, as the successor to the Qing and ROC in that order, therefore inherited the sovereignty of Taiwan. # The return of the sovereignty of Taiwan to the ROC was confirmed on 25 October 1945, on the basis of the Cairo Declaration,
Potsdam Proclamation The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Un ...
,
Japanese Instrument of Surrender The Japanese Instrument of Surrender was the written agreement that formalized the surrender of the Empire of Japan, marking the end of hostilities in World War II. It was signed by representatives from the Empire of Japan and from the Allied n ...
, and the invalidity of the
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
. According to
United Nations General Assembly Resolution 2758 The United Nations General Assembly Resolution 2758 (also known as the Resolution on Admitting Peking) was passed in response to the United Nations General Assembly Resolution 1668 that required any change in China's representation in the UN be ...
, the PRC became the successor government to the ROC in representing China, and as such the PRC should hold the sovereignty of Taiwan. # In the Joint Communique of the Government of Japan and the Government of the People's Republic of China to the end of Treaty of Taipei, the document signifying the commencement of the PRC and Japan's formal relations, Japan in article 3 stated that it fully understands and respects the position of the Government of the People's Republic of China that Taiwan is an inalienable part of the territory of the People's Republic of China. Japan also firmly maintains its stand under Article 8 of the
Potsdam Declaration The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Uni ...
which says "the terms of the Cairo Declaration shall be carried out". The Cairo Declaration says "All territories Japan has stolen from China, including Manchuria, Taiwan, and the Pescadores, shall be restored to the Republic of China". The PRC argues that it is a successor state of the ROC and is therefore entitled to all of the ROC's holdings and benefits.


Arguments for Taiwanese self-sovereignty claims and its legal status

Arguments for Taiwan already being an independent, sovereign nation # The peace that was brokered in the
Treaty of Shimonoseki The , also known as the Treaty of Maguan () in China and in the period before and during World War II in Japan, was a treaty signed at the , Shimonoseki, Japan on April 17, 1895, between the Empire of Japan and Qing China, ending the Firs ...
was breached by the
Boxer Rebellion The Boxer Rebellion, also known as the Boxer Uprising, the Boxer Insurrection, or the Yihetuan Movement, was an anti-foreign, anti-colonial, and anti-Christian uprising in China between 1899 and 1901, towards the end of the Qing dynasty, by ...
, which led to the conclusion of the Boxer Protocol of 1901 (Peace Agreement between the
Great Powers A great power is a sovereign state that is recognized as having the ability and expertise to exert its influence on a global scale. Great powers characteristically possess military and economic strength, as well as diplomatic and soft power in ...
and China), and China, not by the
Second Sino-Japanese War The Second Sino-Japanese War (1937–1945) or War of Resistance (Chinese term) was a military conflict that was primarily waged between the Republic of China and the Empire of Japan. The war made up the Chinese theater of the wider Pacific Th ...
. The Treaty of Shimonoseki was a dispositive treaty, therefore it is not voidable or nullifiable (this doctrine being that treaties specifying particular actions which can be ''completed,'' once the action ''gets completed,'' ''cannot'' be voided or reversed without a new treaty specifically reversing that clause). Hence, the '' unequal treaty doctrine'' cannot be applied to this treaty. By way of comparison, as 200,000,000 Kuping
tael Tael (),"Tael" entry
at the
Potsdam Proclamation The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Un ...
and Instrument of Surrender are simply modus vivendi and
armistice An armistice is a formal agreement of warring parties to stop fighting. It is not necessarily the end of a war, as it may constitute only a cessation of hostilities while an attempt is made to negotiate a lasting peace. It is derived from the La ...
that function as temporary records and do not bear legally binding power to transfer sovereignty. Good faith of interpretation only takes place at the level of treaties. # The "retrocession" proclaimed by ROC in 1945 was legally null and impossible since Taiwan was still ''de jure'' part of Japan before the post-war
San Francisco Peace Treaty The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
came into effect on 28 April 1952. Consequently, the announcement of the mass-naturalization of native Taiwanese persons as ROC citizens in January 1946 is unjust and void ''
Ab initio ''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning"). Etymology Circa 1600, from Latin, literally "from the beginning", from ab ...
''. After the
San Francisco Peace Treaty The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
came into effect, the sovereignty of Taiwan naturally belonged to the Taiwanese people. # Some of Taiwan independence supporters once used arguments not in favor of Chinese sovereignty to dispute to legitimacy of the
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Tai ...
-controlled government that ruled over Taiwan, they have dropped these arguments due to the democratization of Taiwan. This has allowed the more moderate supporters of independence to stress the
popular sovereignty Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any ...
theory in order to accept the legitimacy of the Republic of China (whose government the
Democratic Progressive Party The Democratic Progressive Party (DPP) is a Taiwanese nationalist and centre-left political party in the Republic of China (Taiwan). Controlling both the Republic of China presidency and the unicameral Legislative Yuan, it is the majori ...
used to control) in Taiwan. Former President
Chen Shui-bian Chen Shui-bian (; born 12 October 1950) is a retired Taiwanese politician and lawyer who served as the president of the Republic of China (Taiwan) from 2000 to 2008. Chen was the first president from the Democratic Progressive Party (DPP) whic ...
, by his interpretation of the "Republic of China", has repeatedly confirmed that the "Republic of China is Taiwan." # Sovereignty transfer to the ROC by prescription does not apply to Taiwan's case since: ## Prescription is the manner of acquiring property by a long, honest, and uninterrupted possession or use during the time required by law. The possession must have been ''possessio longa, continua, et pacifica, nec sit ligitima interruptio'' (long, continued, peaceable, and without lawful interruption). For prescription to apply, the state with title to the territory must acquiesce to the action of the other state. Yet, PRC has never established an occupation on Taiwan and exercised sovereignty; ## Prescription as a rule for acquiring sovereignty itself is not universally accepted. The
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
ruled that Belgium retained its sovereignty over territories even by non-assertion of its rights and by acquiescence to acts of sovereign control alleged to have been exercised by the Netherlands over a period of 109 years; ## Also by way of comparison, even after 38 years of continuous control, the international community did not recognize sovereignty rights to the
Gaza Strip The Gaza Strip (;The New Oxford Dictionary of English (1998) – p.761 "Gaza Strip /'gɑːzə/ a strip of territory under the control of the Palestinian National Authority and Hamas, on the SE Mediterranean coast including the town of Gaza.. ...
by Israel, and the Israeli cabinet formally declared an end to military rule there as of 12 September 2005, with a removal of all Israeli settlers and military bases from the Strip; ## A pro-independence group, which formed a ''Provisional Government of Formosa'' in 2000, argued that both the 228 incident of 1947 and the Provisional Government of Formosa have constituted protests against ROC government's claim of retrocession within a reasonable twenty-five-year (or more) acquiescence period; ## Taiwanese residents were unable to make a protest after the 228 incident due to the authoritarian rule under KMT regime which suppressed all pro-independence opinion; and ## Japan was not able to cast a protest as it was under
military occupation Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
at the time; however it did not renounce its sovereignty over Taiwan until 28 April 1952. Arguments by various groups that claim Taiwan should declare itself to be an independent sovereign nation # As one of the "territories which detached from enemy states as a result of the Second World War" defined in the articles 76b and 77b of the
United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
, which China signed in 1945 and also defined in the protocol of
Yalta Conference The Yalta Conference (codenamed Argonaut), also known as the Crimea Conference, held 4–11 February 1945, was the World War II meeting of the heads of government of the United States, the United Kingdom, and the Soviet Union to discuss the post ...
, Taiwan qualifies for the UN trusteeship program, and after a period of time would later be considered fully independent. The ROC, as a founding member of the United Nations, has a treaty obligation to comply with the UN Charter and to help the people living in Taiwan enjoy the right of
self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It stat ...
. # The
San Francisco Peace Treaty The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
is definitive, where Japan ceded Taiwan (like
Sakhalin Sakhalin ( rus, Сахали́н, r=Sakhalín, p=səxɐˈlʲin; ja, 樺太 ''Karafuto''; zh, c=, p=Kùyèdǎo, s=库页岛, t=庫頁島; Manchu: ᠰᠠᡥᠠᠯᡳᠶᠠᠨ, ''Sahaliyan''; Orok: Бугата на̄, ''Bugata nā''; Nivkh: ...
and
Kuril Islands The Kuril Islands or Kurile Islands (; rus, Кури́льские острова́, r=Kuril'skiye ostrova, p=kʊˈrʲilʲskʲɪjə ɐstrɐˈva; Japanese: or ) are a volcanic archipelago currently administered as part of Sakhalin Oblast in the ...
etc.) without specifying a clear recipient. China was prohibited from acquiring Taiwan sovereignty as a benefit when the treaty was finalized. Moreover, the
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
only became effective on 5 August 1952, over three months after the coming into force of the
San Francisco Peace Treaty The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
on 28 April 1952. Hence, the
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
cannot be interpreted to have ceded the sovereignty of Taiwan to the ROC or the PRC, but only as a recognition of the territories which ROC had and under its control, as Japan cannot cede what it no longer possessed. # Since the peace brokered in the Boxer Protocol of 1901 was breached by the second Sino-Japanese War, the
San Francisco Peace Treaty The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
specifies that the date to be used in returning territory to China in Article 10 was 1901, not 1895. The
postliminium The principle of postliminium, as a part of public international law, is a specific version of the maxim '' ex injuria jus non oritur'', providing for the invalidity of all illegitimate acts that an occupant may have performed on a given territory ...
restoration of China was completed without sovereignty over Taiwan since Taiwan was not part of China when the first Chinese Republic was established in 1911. Moreover, the
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
was abrogated by Japan upon the PRC's request in 1972. # Cession of Taiwan without a recipient was neither unusual nor unique, since
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
, as a precedent, was ceded by Spain without recipient in
Treaty of Paris of 1898 The Treaty of Peace between the United States of America and the Kingdom of Spain, commonly known as the Treaty of Paris of 1898 ( fil, Kasunduan sa Paris ng 1898; es, Tratado de París de 1898), was a treaty signed by Spain and the United Stat ...
as the result of
Spanish–American War , partof = the Philippine Revolution, the decolonization of the Americas, and the Cuban War of Independence , image = Collage infobox for Spanish-American War.jpg , image_size = 300px , caption = (clock ...
. Cuba reached independence in May 1902. At the end of WWII,
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to Egypt–Libya bo ...
and
Somaliland Somaliland,; ar, صوماليلاند ', ' officially the Republic of Somaliland,, ar, جمهورية صوماليلاند, link=no ''Jumhūrīyat Ṣūmālīlānd'' is a ''de facto'' sovereign state in the Horn of Africa, still conside ...
were also relinquished without recipient by Italy in the Treaty of peace with Italy of 1947 and both reached independence later. # The Nationality Law of the Republic of China was originally promulgated in February 1929. However, no amendment or change to this law or any other law has ever been made by the Legislative Yuan in the post WWII period to reflect any mass-naturalization of native Taiwanese persons as ROC citizens. This is important because Article 10 of the
Treaty of Taipei The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
specifies: "For the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendants who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores) ... " Since no relevant laws or regulations have ever been promulgated, there is no legal basis to consider native Taiwanese persons as ROC citizens. # Furthermore, it is recognized that the ROC government currently administering Taiwan is not the same ROC that accepted Japanese surrender in 1945, because the ruling authorities were given popular mandate by different pools of constituencies: one is the mainland Chinese electorate, the other local Taiwanese. The popular sovereignty theory, to which the
Pan-Green coalition The pan-Green coalition, pan-Green force or pan-Green groups is a nationalist political coalition in Taiwan (Republic of China), consisting of the Democratic Progressive Party (DPP), Taiwan Statebuilding Party (TSP), Taiwan Solidarity Union ...
subscribes, emphasizes that Taiwan could make fundamental constitutional changes and choose a new national title by means of a popular referendum. (In contrast, the ROC legal theory, which is supported by the
Pan-Blue coalition The pan-Blue coalition, pan-Blue force or pan-Blue groups is a political coalition in the Republic of China (Taiwan) consisting of the Kuomintang (KMT), People First Party (PFP), New Party (CNP), Non-Partisan Solidarity Union (NPSU), and Young ...
suggests that any fundamental constitutional changes would require that the amendment procedure of the ROC constitution be followed.) # Nevertheless, the popular sovereignty theory does not contradict any arguments in favor of
self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It stat ...
, nor does it affirm arguments in favor of Chinese sovereignty. This means that at present the only obstacle against declaring Taiwan independence is a lack of consensus among the Taiwanese people to do so; however it is clear that the consensus is changing as the Taiwanese people begin preparations for their 15th application for entrance to the United Nations in the fall of 2007. # The
San Francisco Peace Treaty The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
's omission of "
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
" as a participant was not an accident of history, but reflected the status that the Republic of China had failed to maintain its original position as the ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' and ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' government of the "whole China". By fleeing to Taiwan island in December 1949, the ROC government has then arguably become a
government in exile A government in exile (abbreviated as GiE) is a political group that claims to be a country or semi-sovereign state's legitimate government, but is unable to exercise legal power and instead resides in a foreign country. Governments in exile us ...
. Under international law, there are no actions which a
government in exile A government in exile (abbreviated as GiE) is a political group that claims to be a country or semi-sovereign state's legitimate government, but is unable to exercise legal power and instead resides in a foreign country. Governments in exile us ...
can take in its current location of residence in order to be recognized as the local legitimate government. Hence, Taiwan's current international situation has arisen from the fact that the ROC is not completely internationally recognized as a legitimate state. (Note: the ROC government has limited recognition as the sole legitimate government of China (including Taiwan), but not as a government of Taiwan island.)


Controversies

Many political leaders who have maintained some form of the One-China Policy have committed slips of the tongue in referring to
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
as a country or as the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
. United States presidents
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
and
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
have been known to have referred to Taiwan as a country during their terms of office. Although near the end of his term as U.S. Secretary of State,
Colin Powell Colin Luther Powell ( ; April 5, 1937 – October 18, 2021) was an American politician, statesman, diplomat, and United States Army officer who served as the 65th United States Secretary of State from 2001 to 2005. He was the first African ...
said that
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
is not a state, he referred to
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
as
the Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
twice during a testimony to the
U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
Foreign Relations Committee on 9 March 2001. In the People's Republic of China Premier
Zhu Rongji Zhu Rongji (; IPA: ; born 23 October 1928) is a retired Chinese politician who served as Premier of the People's Republic of China from 1998 to 2003 and CCP Politburo Standing Committee member from 1992 to 2002 along with the Chinese Communist ...
's farewell speech to the
National People's Congress The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2, ...
, Zhu accidentally referred to
Mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
and
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
as two countries. Zhu says in his speech at MIT University on April 15, 1999, "These raw materials and the components are mainly imported from Japan,
orea Orea is a municipality located in the province of Guadalajara, Castile-La Mancha, Spain. According to the 2004 census (INE INE, Ine or ine may refer to: Institutions * Institut für Nukleare Entsorgung, a German nuclear research center * In ...
Taiwan, Hong Kong, Singapore, while the value-added parts in China is very, very insignificant. That is to say, Chinese exports to the United States actually represent a transfer of the exports to the United States by the above-mentioned countries and the regions that I mentioned." There are also those from the PRC who informally refer to Taiwan as a country. South Africa delegates once referred to Taiwan as the "Republic of Taiwan" during
Lee Teng-hui Lee Teng-hui (; 15 January 192330 July 2020) was a Taiwanese statesman and economist who served as President of the Republic of China (Taiwan) under the 1947 Constitution and chairman of the Kuomintang (KMT) from 1988 to 2000. He was the fir ...
's term as President of the ROC. In 2002,
Michael Bloomberg Michael Rubens Bloomberg (born February 14, 1942) is an American businessman, politician, philanthropist, and author. He is the majority owner, co-founder and CEO of Bloomberg L.P. He was Mayor of New York City from 2002 to 2013, and was a ca ...
, the mayor of New York City, referred to Taiwan as a country. Most recently, former
US Secretary of Defense The United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high ranking member of the federal cabinet. DoDD 5100.1: Enclosure 2: a The s ...
Donald Rumsfeld Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, government official and businessman who served as Secretary of Defense from 1975 to 1977 under president Gerald Ford, and again from 2001 to 2006 under Presi ...
stated in a local Chinese newspaper in California in July 2005 that Taiwan is "a sovereign nation". The People's Republic of China discovered the statement about three months after it was made. In a controversial speech on 4 February 2006,
Japanese Foreign Minister The is a member of the cabinet of Japan and is the leader and chief executive of the Ministry of Foreign Affairs. The minister is responsible for implementing Japan’s foreign policy and is also a statutory member of the National Security Cou ...
Taro Aso Taro () (''Colocasia esculenta)'' is a root vegetable. It is the most widely cultivated species of several plants in the family Araceae that are used as vegetables for their corms, leaves, and petioles. Taro corms are a food staple in Africa ...
called
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
a country with very high education levels because of previous Japanese colonial rule over the island. One month later, he told a Japanese parliamentary committee that " aiwan'sdemocracy is considerably matured and
liberal economics Economic liberalism is a political and economic ideology that supports a market economy based on individualism and private property in the means of production. Adam Smith is considered one of the primary initial writers on economic liberalism, ...
is deeply ingrained, so it is a law-abiding country. In various ways, it is a country that shares a sense of values with Japan." At the same time, he admitted that "I know there will be a problem with calling
aiwan Aiwan may refer to: * Eyvan, a city in Iran *Shalimar Gardens (Lahore) The Shalimar Gardens ( ur, , translit=Shālāmār Bāgh) are a Mughal garden complex located in Lahore, Pakistan. The gardens date from the period when the Mughal Empire was ...
a country". Later, the
Japanese Foreign Ministry The is an executive department of the Government of Japan, and is responsible for the country's foreign policy and international relations. The ministry was established by the second term of the third article of the National Government Orga ...
tried to downplay or reinterpret his remarks. In February 2007, the Royal
Grenada Grenada ( ; Grenadian Creole French: ) is an island country in the West Indies in the Caribbean Sea at the southern end of the Grenadines island chain. Grenada consists of the island of Grenada itself, two smaller islands, Carriacou and Pe ...
Police Band played the
National Anthem of the Republic of China The "Three Principles of the People" is the national anthem of the Republic of China as well as the party anthem of the Kuomintang. It was adopted in 1930 as China's national anthem and was used as such in mainland China until 1949, when the R ...
in an inauguration of the reconstructed St George's Queen's Park Stadium funded by the PRC. Grenada had broken off diplomatic relations with Taiwan just two years prior in favor of the PRC. When the
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Tai ...
visited
Mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
in 2005, the government-controlled PRC media called this event a "visit," and called the KMT one of "Taiwan's political parties" even though the Kuomintang's full name remains the "Chinese Nationalist Party." In mainland China, there is a legal party called the
Revolutionary Committee of the Kuomintang The Revolutionary Committee of the Chinese Kuomintang (RCCK), also commonly known, especially when referenced historically, as the Left Kuomintang or Left Guomindang, is one of the eight legally recognised minor political parties in the Peo ...
that is officially one of the nine "consultative parties," according to the PRC's
Chinese People's Political Consultative Conference The Chinese People's Political Consultative Conference (CPPCC, zh, 中国人民政治协商会议), also known as the People's PCC (, ) or simply the PCC (), is a political advisory body in the People's Republic of China and a central part of ...
. On the Foreign Missions page of the Saudi Arabian Ministry of Foreign Affairs for China, the embassy of the People's Republic of China was referred to as the 'Republic of China'. Taiwan was classified as a province of the People's Republic of China in the
Apple Maps Apple Maps is a web mapping service developed by Apple Inc. The default map system of iOS, iPadOS, macOS, and watchOS, it provides directions and estimated times of arrival for driving, walking, cycling, and public transportation navigation. ...
application in 2013; searches for "Taiwan" were changed automatically to "China Taiwan province" in Simplified Chinese, prompting the Taiwanese Ministry of Foreign Affairs to demand a correction from
Apple An apple is an edible fruit produced by an apple tree (''Malus domestica''). Apple fruit tree, trees are agriculture, cultivated worldwide and are the most widely grown species in the genus ''Malus''. The tree originated in Central Asia, wh ...
.


Possible military solutions and intervention

Until 1979, both sides intended to resolve the conflict militarily. Intermittent clashes occurred throughout the 1950s and 1960s, with escalations comprising the
First First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
and Second Taiwan Strait crises. In 1979, with the U.S. change of diplomatic recognition to the PRC, the ROC lost its ally needed to "recover the mainland." Meanwhile, the PRC's desire to be accepted in the international community led it to promote peaceful unification under what would later be termed " one country, two systems", rather than to "liberate Taiwan" and to make Taiwan a Special Administrative Region.


PRC's condition on military intervention

Notwithstanding, the PRC government has issued triggers for an immediate war with Taiwan, most notably via its controversial Anti-Secession Law of 2005. These conditions are: * if events occur leading to the ''"separation"'' of Taiwan from China ''in any name'', or * if a major event occurs which would lead to Taiwan's ''"separation"'' from China, or * if all possibility of peaceful unification is lost. It has been interpreted that these criteria encompass the scenario of Taiwan developing nuclear weapons (''see main article''
Taiwan and weapons of mass destruction Taiwan pursued a number of weapons of mass destruction programs from 1949 to the late 1980s. The final secret nuclear weapons program was shut down in the late 1980s under US pressure after completing all stages of weapons development besides fina ...
also
Timeline of the Republic of China's nuclear program The nuclear program of the Republic of China can be represented as a Timeline of the Taiwan-based Republic of China's nuclear program. See also * Taiwan and weapons of mass destruction Taiwan pursued a number of weapons of mass destructi ...
). The third condition has especially caused a stir in Taiwan as the term "indefinitely" is open to interpretation. It has also been viewed by some as meaning that preserving the ambiguous status quo is not acceptable to the PRC, although the PRC stated on many occasions that there is no explicit timetable for unification. Concern over a formal declaration of ''de jure''
Taiwan independence Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
is a strong impetus for the military buildup between Taiwan and mainland China. The former US Bush administration publicly declared that given the status quo, it would not aid Taiwan if it were to declare independence unilaterally. According to the US Department of Defense report "Military and Security Developments Involving the People's Republic of China 2011" conditions that mainland China has warned may cause the use of force have varied. They have included "a formal declaration of Taiwan independence; undefined moves "toward independence"; foreign intervention in Taiwan's internal affairs; indefinite delays in the resumption of cross-Strait dialogue on unification; Taiwan's acquisition of
nuclear weapon A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission (fission bomb) or a combination of fission and fusion reactions ( thermonuclear bomb), producing a nuclear explosion. Both bom ...
s; and, internal unrest on Taiwan. Article 8 of the March 2005 "Anti-Secession Law" states Beijing would resort to "non-peaceful means" if "secessionist forces . . . cause the fact of Taiwan's secession from China," if "major incidents entailing Taiwan's secession" occur, or if "possibilities for peaceful reunification" are exhausted".


Balance of power

The possibility of war, the close geographic proximity of ROC-controlled Taiwan and
PRC China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
-controlled mainland China, and the resulting flare-ups that occur every few years, conspire to make this one of the most watched focal points in the Pacific. Both sides have chosen to have a strong naval presence. However, naval strategies between both powers greatly shifted in the 1980s and 1990s, while the ROC assumed a more defensive attitude by building and buying
frigate A frigate () is a type of warship. In different eras, the roles and capabilities of ships classified as frigates have varied somewhat. The name frigate in the 17th to early 18th centuries was given to any full-rigged ship built for speed and ...
s and missile
destroyer In naval terminology, a destroyer is a fast, manoeuvrable, long-endurance warship intended to escort larger vessels in a fleet, convoy or battle group and defend them against powerful short range attackers. They were originally developed in ...
s, and the PRC a more aggressive posture by developing long-range
cruise missile A cruise missile is a guided missile used against terrestrial or naval targets that remains in the atmosphere and flies the major portion of its flight path at approximately constant speed. Cruise missiles are designed to deliver a large warhe ...
s and supersonic
surface-to-surface missile A surface-to-surface missile (SSM) or ground-to-ground missile (GGM) is a missile designed to be launched from the ground or the sea and strike targets on land or at sea. They may be fired from hand-held or vehicle mounted devices, from fixed ins ...
s. Although the
People's Liberation Army Air Force The People's Liberation Army Air Force (PLAAF; ), also known as the Chinese Air Force (中国空军) or the People's Air Force (人民空军), is an aerial service branch of the People's Liberation Army, the regular armed forces of the Peo ...
is considered large, most of its fleet consists of older generation J-7 fighters (localized
MiG-21 The Mikoyan-Gurevich MiG-21 (russian: Микоян и Гуревич МиГ-21; NATO reporting name: Fishbed) is a supersonic jet fighter and interceptor aircraft, designed by the Mikoyan-Gurevich Design Bureau in the Soviet Union. Its nickna ...
s and Mig-21BIs), raising doubts over the PLAAF's ability to control Taiwan's airspace in the event of a conflict. Since mid-1990s PRC has been purchasing, and later localizing,
SU-27 The Sukhoi Su-27 (russian: Сухой Су-27; NATO reporting name: Flanker) is a Soviet-origin twin-engine supermaneuverable fighter aircraft designed by Sukhoi. It was intended as a direct competitor for the large US fourth-generation jet ...
based fighters. These Russian fighters, as well as their Chinese J11A variants, are currently over 170 in number, and have increased the effectiveness of PLAAF's
Beyond Visual Range A beyond-visual-range missile (BVR) is an air-to-air missile (BVRAAM) that is capable of engaging at ranges of or beyond. This range has been achieved using dual pulse rocket motors or booster rocket motor and ramjet sustainer motor. In additio ...
(BVR) capabilities. The introduction of 60 new-generation J10A fighters is anticipated to increase the PLAAF's firepower. PRC's acquisition of Russian Su30MKKs further enhanced the PLAAF's
air-to-ground Air-to-ground weaponry is aircraft ordnance used by combat aircraft to attack ground targets. The weapons include bombs, machine guns, autocannons, air-to-surface missiles, rockets, air-launched cruise missiles and grenade launchers. See also * ...
support ability. The ROC's air force, on the other hand, relies on Taiwan's fourth generation fighters, consisting of 150 US-built
F-16 Fighting Falcon The General Dynamics F-16 Fighting Falcon is a single-engine multirole fighter aircraft originally developed by General Dynamics for the United States Air Force (USAF). Designed as an air superiority day fighter, it evolved into a successful ...
s, approximately 60 French-built Mirage 2000-5s, and approximately 130 locally developed IDFs (Indigenous Defense Fighters). All of these ROC fighter jets are able to conduct
BVR A beyond-visual-range missile (BVR) is an air-to-air missile (BVRAAM) that is capable of engaging at ranges of or beyond. This range has been achieved using dual pulse rocket motors or booster rocket motor and ramjet sustainer motor. In additi ...
combat missions with BVR missiles, but the level of technology in mainland Chinese fighters is catching up. Also the United States
Defense Intelligence Agency The Defense Intelligence Agency (DIA) is an intelligence agency and combat support agency of the United States Department of Defense, specializing in defense and military intelligence. A component of the Department of Defense (DoD) and the I ...
has reported that few of Taiwan's 400 total fighters are operationally capable. In 2003, the ROC purchased four missile destroyers—the former , and expressed a strong interest in the . But with the growth of the PRC
navy A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral zone, littoral, or ocean-borne combat operations and ...
and
air force An air force – in the broadest sense – is the national military branch that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an a ...
, some doubt that the ROC could withstand a determined invasion attempt from mainland China in the future. These concerns have led to a view in certain quarters that Taiwanese independence, if it is to be implemented, should be attempted as early as possible, while the ROC still has the capacity to defend itself in an all-out military conflict. Over the past three decades, estimates of how long the ROC can withstand a full-scale invasion from across the Strait without any outside help have decreased from three months to only six days. Given such estimates, the US Navy has continued practicing "surging" its carrier groups, giving it the experience necessary to respond quickly to an attack on Taiwan. The US also collects data on the PRC's military deployments, through the use of
spy satellite A reconnaissance satellite or intelligence satellite (commonly, although unofficially, referred to as a spy satellite) is an Earth observation satellite or communications satellite deployed for military or intelligence applications. The ...
s, for example. For early surveillance may effectively identify PRC's massive military movement, which may imply PRC's preparation for a military assault against Taiwan. Naturally, war contingencies are not being planned in a vacuum. In 1979, the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
passed the
Taiwan Relations Act The Taiwan Relations Act (TRA; ; Pha̍k-fa-sṳ: ''Thôi-van Kwan-hè-fap''; ) is an act of the United States Congress. Since the formal recognition of the People's Republic of China, the Act has defined the officially substantial but non-diplo ...
, a law generally interpreted as mandating U.S. defense of Taiwan in the event of an attack from the Chinese Mainland (the Act is applied to Taiwan and Penghu, but not to Kinmen or Matsu, which are usually considered to be part of Mainland China). The United States maintains the world's largest permanent fleet in the Pacific Region near Taiwan. The
Seventh Fleet The Seventh Fleet is a numbered fleet of the United States Navy. It is headquartered at U.S. Fleet Activities Yokosuka, in Yokosuka, Kanagawa Prefecture, Japan. It is part of the United States Pacific Fleet. At present, it is the largest of ...
, operating primarily out of various bases in Japan, is a powerful naval contingent built upon the world's only permanently forward-deployed
aircraft carrier An aircraft carrier is a warship that serves as a seagoing airbase, equipped with a full-length flight deck and facilities for carrying, arming, deploying, and recovering aircraft. Typically, it is the capital ship of a fleet, as it allows a ...
. Although the stated purpose of the fleet is not Taiwanese defense, it can be safely assumed from past actions, that is one of the reasons why the fleet is stationed in those waters. It is written into the strategy of the United States department of defense within this region that, "First, we are strengthening our military capacity to ensure the United States can successfully deter conflict and coercion and respond decisively when needed. Second, we are working together with our allies and partners from Northeast Asia to the Indian Ocean to build their capacity to address potential challenges in their waters and across the region. Third, we are leveraging military diplomacy to build greater transparency, reduce the risk of miscalculation or conflict, and promote shared maritime rules of the road." Starting in 2000, Japan renewed its defense obligations with the US and embarked on a rearmament program, partly in response to fears that Taiwan might be invaded. Some analysts believed that the PRC could launch
preemptive strike A preemptive war is a war that is commenced in an attempt to repel or defeat a perceived imminent offensive or invasion, or to gain a strategic advantage in an impending (allegedly unavoidable) war ''shortly before'' that attack materializes. It ...
s on military bases in Japan to deter US and Japanese forces from coming to the ROC's aid. Japanese strategic planners also see an independent Taiwan as vital, not only because the ROC controls valuable shipping routes, but also because its capture by PRC would make Japan more vulnerable. During
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
, the US invaded the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
, but another viable target to enable direct attacks on Japan would have been Taiwan (then known as Formosa). However, critics of the preemptive strike theory assert that the PRC would be loath to give Japan and the US such an excuse to intervene. The
United States Department of Defense The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secu ...
in a 2011 report stated that the primary mission of the PRC military is a possible military conflict with Taiwan, including also possible US military assistance. Although the risk of a crisis in the short-term is low, in the absence of new political developments, Taiwan will likely dominate future military modernization and planning. However, also other priorities are becoming increasingly prominent and possible due to increasing military resources. Many of mainland China's most advanced military systems are stationed in areas opposite Taiwan. The rapid military modernization is continually changing the military balance of power towards mainland China. A 2008 report by the
RAND Corporation The RAND Corporation (from the phrase "research and development") is an American nonprofit global policy think tank created in 1948 by Douglas Aircraft Company to offer research and analysis to the United States Armed Forces. It is financed ...
analyzing a theoretical 2020 attack by mainland China on Taiwan suggested that the US would likely not be able to defend Taiwan.
Cruise missile A cruise missile is a guided missile used against terrestrial or naval targets that remains in the atmosphere and flies the major portion of its flight path at approximately constant speed. Cruise missiles are designed to deliver a large warhe ...
developments may enable China to partially or completely destroy or make inoperative US
aircraft carrier An aircraft carrier is a warship that serves as a seagoing airbase, equipped with a full-length flight deck and facilities for carrying, arming, deploying, and recovering aircraft. Typically, it is the capital ship of a fleet, as it allows a ...
s and bases in the Western Pacific. New Chinese radars will likely be able to detect US
stealth aircraft Stealth aircraft are designed to avoid detection using a variety of technologies that reduce reflection/emission of radar, infrared, visible light, radio frequency (RF) spectrum, and audio, collectively known as stealth technology. The F-117 N ...
and China is acquiring stealthy and more effective aircraft. The reliability of US
beyond-visual-range missile A beyond-visual-range missile (BVR) is an air-to-air missile (BVRAAM) that is capable of engaging at ranges of or beyond. This range has been achieved using dual pulse rocket motors or booster rocket motor and ramjet sustainer motor. In additi ...
s as a mean to achieve air superiority is questionable and largely unproven. In 2021 Admiral
Phillip Davidson Phillip Buford Davidson Jr. (November 26, 1915 – February 7, 1996) was an American lieutenant general who served in World War II, the Korean War, and the Vietnam War. Biography Davidson was born on November 26, 1915, in Hachita, New Mexico. Dav ...
said in a Senate Armed Services Committee hearing that China could take military action on Taiwan some time in the next 6 years. A spokesperson for China's foreign ministry later responded stating that Davidson was trying to "hype up China's military threat."


Third Taiwan Strait crisis

In 1996, the PRC began conducting military exercises near Taiwan, and launched several
ballistic missile A ballistic missile is a type of missile that uses projectile motion to deliver warheads on a target. These weapons are guided only during relatively brief periods—most of the flight is unpowered. Short-range ballistic missiles stay within the ...
s over the island. The saber-rattling was done in response to the possible re-election of then President
Lee Teng-hui Lee Teng-hui (; 15 January 192330 July 2020) was a Taiwanese statesman and economist who served as President of the Republic of China (Taiwan) under the 1947 Constitution and chairman of the Kuomintang (KMT) from 1988 to 2000. He was the fir ...
. The United States, under President Clinton, sent two aircraft carrier battle groups to the region, reportedly sailing them into the Taiwan Strait. The PRC, unable to track the ships' movements, and probably unwilling to escalate the conflict, quickly backed down. The event had little impact on the outcome of the election, since none of Lee's contestants were strong enough to defeat him, but it is widely believed that the PRC's aggressive acts, far from intimidating the Taiwanese population, gave Lee a boost that pushed his share of votes over 50 percent. This was an aggressively serious escalation in response to the Taiwan Strait and the ongoing conflict between China and Taiwan. This hostile reaction by mainland China is the result of China implementing Putnam's
Two-level game theory Two-level game theory is a political model of international conflict resolution between states derived from game theory and originally introduced in 1988 by Robert Putnam. Putnam had been involved in research around the G7 summits between 197 ...
. This theory suggests that the chief negotiator of a state must balance and abide by both international and domestic interests, and in some cases must focus more on domestic interests. In the case of China, "a serious escalation of tensions in the Taiwan Strait and raised the specter of war—one that could conceivably draw in the United States. This turn of events is either the result of pressure by hawkish, hard-line soldiers on moderate, mild-mannered statesmen for a tougher, more aggressive response to Taiwan, or a strong consensus among both civilian and military leaders in the Politburo." In 20xx, the goal of the PRC, ROC and the US was to maintain the status quo.


Developments since 2004 and future prospects


Judicial

On 24 October 2006, Roger C. S. Lin led a group of Taiwanese residents, including members of the Taiwan Nation Party, to file a complaint for declaratory relief in the
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of ...
. According to their lawyer, Charles Camp, "the Complaint asks the Court to declare whether the Taiwanese plaintiffs, including members of the Taiwan Nation Party, have certain rights under the United States Constitution and other US laws". Their central argument is that, following Japanese renunciation of all rights and claims to Taiwan, Taiwan came under U.S. jurisdiction based on it being the principal occupying power as designated in the Treaty of Peace with Japan and remains so to this day. This case was opposed by the United States government. The District Court agreed with United States government on 18 March 2008 and ruled that the case presents a
political question In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution ...
; as such, the court concluded that it had no jurisdiction to hear the matter and dismissed the complaint. This decision was appealed by plaintiffs and the
appeals court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
unanimously upheld the district court ruling.


Political

Although the situation is complex, most observers believe that it is stable with enough understandings and
gentlemen's agreement A gentlemen's agreement, or gentleman's agreement, is an informal and legally non-binding agreement between two or more parties. It is typically oral, but it may be written or simply understood as part of an unspoken agreement by convention or th ...
s to keep things from breaking out into open warfare. The current controversy is over the term ''one China'', as the PRC insists that the ROC must recognize this term to begin negotiations. Although the
Democratic Progressive Party The Democratic Progressive Party (DPP) is a Taiwanese nationalist and centre-left political party in the Republic of China (Taiwan). Controlling both the Republic of China presidency and the unicameral Legislative Yuan, it is the majori ...
has moderated its support for
Taiwan independence Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
, there is still insufficient support within that party for former President Chen Shui-bian to agree to one China. By contrast, the
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Tai ...
(KMT) and the People First Party (PFP) appear willing to agree to some variation of one China, and observers believed the position of the PRC was designed to sideline Chen until the 2004 presidential election where it was hoped that someone who was more supportive of
Chinese unification Chinese unification, also known as the Cross-Strait unification or Chinese reunification, is the potential unification of territories currently controlled, or claimed, by the People's Republic of China ("China" or "Mainland China") and the ...
would come to power. Partly to counter this, Chen Shui-bian announced in July 2002 that if the PRC does not respond to Taiwan's goodwill, Taiwan may "go on its own ... road." What ROC president, Chen Shui-bian, means by this is that there are other ways of combatting China as a powerful hegemon. For example, "If Taiwan's Chen Shui-bian had declared legal independence by a popular referendum, scholars agree that is could have immediately triggered a crisis in China, due to its political sensitivity on the mainland". Taiwan's forced establishment of sovereignty scares the PRC; so when they implement laws, such as the Anti-secession law, it angers ROC's public opinion, and actually creates a 'rallying around the flag' effect in support of the Taiwanese independence movement. With Chen's re-election in 2004, Beijing's prospects for a speedier resolution were dampened, though they seemed strengthened again following the Pan-Blue majority in the 2004 legislative elections. However, public opinion in Taiwan reacted unfavorably towards the
anti-secession law The Anti-Secession Law () is a law of the People's Republic of China, passed by the 3rd Session of the 10th National People's Congress. It was ratified on March 14, 2005, and went into effect immediately. President Hu Jintao promulgated th ...
passed by the PRC in March 2005. Following two high-profile visits by KMT and PFP party leaders to the PRC, the balance of public opinion appears to be ambiguous, with the Pan-Green Coalition gaining a majority in the 2005 National Assembly elections, but the Pan-Blue Coalition scoring a landslide victory in the 2005 municipal elections. Legislative elections were held in
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
on 2008 Republic of China legislative election, 12 January 2008. The results gave the
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Tai ...
and the Pan-Blue Coalition an absolute majority (86 of the 113 seats) in the Legislative Yuan, legislature, handing a heavy defeat to President
Chen Shui-bian Chen Shui-bian (; born 12 October 1950) is a retired Taiwanese politician and lawyer who served as the president of the Republic of China (Taiwan) from 2000 to 2008. Chen was the first president from the Democratic Progressive Party (DPP) whic ...
's
Democratic Progressive Party The Democratic Progressive Party (DPP) is a Taiwanese nationalist and centre-left political party in the Republic of China (Taiwan). Controlling both the Republic of China presidency and the unicameral Legislative Yuan, it is the majori ...
, which won the remaining 27 seats. The junior partner in the Pan-Green Coalition, the Taiwan Solidarity Union, won no seats. The election for the 12th President of ROC was held on 2008 Republic of China presidential election, 22 March 2008.
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Tai ...
candidate
Ma Ying-jeou Ma Ying-jeou ( zh, 馬英九, born 13 July 1950) is a Hong Kong-born Taiwanese politician who served as president of the Republic of China from 2008 to 2016. Previously, he served as justice minister from 1993 to 1996 and mayor of Taipei from ...
won, with 58% of the vote, ending eight years of Democratic Progressive Party (DPP) leadership. Along with the 2008 legislative election, Ma's landslide victory brought the Kuomintang back to power in Taiwan. This new political situation has led to a decrease of tension between both sides of the
Taiwan Strait The Taiwan Strait is a -wide strait separating the island of Taiwan and continental Asia. The strait is part of the South China Sea and connects to the East China Sea to the north. The narrowest part is wide. The Taiwan Strait is itself a s ...
and the increase of cross-strait relations, making a declaration of independence, or war, something unlikely. Taiwan's Straits Exchange Foundation (SEF) and its Chinese counterpart – the Association for Relations Across the Taiwan Strait (ARATS) signed four agreements in Taipei on 4 November 2008. Both SEF and ARATS have agreed to address direct sea links, daily charter flights, direct postal service and food safety. It has been reported that China has set a 2049 deadline for the unification of Taiwan with Mainland China, which is the 100th anniversary of the founding of the PRC. With General Secretary of the Communist Party, CCP general secretary Xi Jinping has been saying that unification was part of the Chinese Dream. In 2021, the Chinese Government stated that they would not allow pro-Taiwan independence people into China and also Hong Kong and Macau. In May 2022, the U.S. State Department Taiwan fact sheet on its website was changed to remove wording on not supporting Taiwan independence and acknowledging China's position that Taiwan is part of China, which drew criticism the Chinese Foreign Ministry. A State Department spokesperson said that while the wording had changed, "our underlying policy has not changed" and "we do not support Taiwan independence".


Public opinion

Public opinion in Taiwan regarding relations with the PRC is notoriously difficult to gauge, as poll results tend to be extremely sensitive to how the questions are phrased and what options are given, and there is a tendency by all political parties to spin (politics), spin the results to support their point of view. According to a November 2005 poll from the
Mainland Affairs Council The Mainland Affairs Council (MAC) is a cabinet-level administrative agency under the Executive Yuan of the Republic of China in Taiwan. The MAC is responsible for the planning, development, and implementation of the cross-strait relations po ...
, 37.7% of people living in the ROC favor maintaining the status quo until a decision can be made in the future, 18.4% favors maintaining the status quo indefinitely, 14% favors maintaining the status quo until eventual independence, 12% favors maintaining the status quo until eventual unification, 10.3% favors independence as soon as possible, and 2.1% favors unification as soon as possible. According to the same poll, 78.3% are opposed to the "One Country, Two Systems" model, which was used for
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta i ...
and
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a p ...
, while 10.4% is in favor. However, it is essential to consider current events or newly developing positions when determining public opinion in order to maintain accuracy and efficiency, especially when it comes to conducting foreign policy and determining Taiwan's political status and hopeful eventual independence. For example, "Large jumps in the proportion of independence supporters after China's missile test in mid-1996 (from 13% in February to 21% in March) and Lee Teng-hui's "special state–to-state" speech in mid-1999 (from 15% in March to 28% in August) suggest that the cross-Strait tension influenced the Taiwanese to become more independence-minded". According to a June 2008 poll from a Taiwanese mainstream media TVBS, 58% of people living in Taiwan favor maintaining the status quo, 19% favors independence, and 8% favors unification. According to the same poll, if status quo is not an option and the ones who were surveyed must choose between "Independence" or "Unification", 65% are in favor of independence while 19% would opt for unification. The same poll also reveals that, in terms of self-identity, when the respondents are not told that a Taiwanese can also be a Chinese, 68% of the respondents identify themselves as "Taiwanese" while 18% would call themselves "Chinese". However, when the respondents are told that duo identity is an option, 45% of the respondents identify themselves as "Taiwanese only", 4% of the respondents call themselves "Chinese only" while 45% of the respondents call themselves "both Taiwanese as well as Chinese". Furthermore, when it comes to preference in which national identity to be used in international organizations, 54% of people in the survey indicated that they prefer "Taiwan" and only 25% of the people voted for "Chinese Taipei". According to an October 2008 poll from the
Mainland Affairs Council The Mainland Affairs Council (MAC) is a cabinet-level administrative agency under the Executive Yuan of the Republic of China in Taiwan. The MAC is responsible for the planning, development, and implementation of the cross-strait relations po ...
, on the question of Taiwan's status, 36.17% of respondents favor maintaining the status quo until a decision can be made in the future, 25.53% favors maintaining the status quo indefinitely, 12.49% favors maintaining the status quo until eventual independence, 4.44% favors maintaining the status quo until eventual unification, 14.80% favors independence as soon as possible, and 1.76% favors unification as soon as possible. In the same poll, on the question of the PRC government's attitude towards the ROC government, 64.85% of the respondents consider the PRC government hostile or very hostile, 24.89 consider the PRC government friendly or very friendly, while 10.27% did not express an opinion. On the question of the PRC government's attitude towards the people in Taiwan, 45.98% of the respondents consider the PRC government hostile or very hostile, 39.6% consider the PRC government friendly or very friendly, while 14.43% did not express an opinion. May 2009 Taiwan's (Republic of China) Department of the Interior published a survey examining whether people in Taiwan see themselves as Taiwanese, Chinese or both. 64.6% see themselves as Taiwanese, 11.5% as Chinese, 18.1% as both and 5.8% were unsure. According to a December 2009 poll from a Taiwanese mainstream media TVBS, if status quo is not an option and the ones who were surveyed must choose between "Independence" or "Unification", 68% are in favor of independence while 13% would opt for unification. As of March 2012, a poll by the Global Views Monthly indicated that support for Taiwanese independence has risen. According to the survey 28.2 percent of respondents indicated that they support a formal declaration for Taiwan independence, a rise of 3.7 percent compared to a similar poll conducted earlier in 2012. Asked whether Taiwan would eventually declare itself a new and independent nation, 49.1 percent replied yes while 38 percent responded negatively, the Global Views Monthly said. Only 22.9 percent agreed that Taiwan should eventually unify with China, while 63.5 percent disagreed. A June 2013 poll conducted by DPP showed an overwhelming 77.6% consider themselves as Taiwanese. On the independence-unification issue, the survey found that 25.9 percent said they support unification, 59 percent support independence and 10.3 percent prefer the "status quo." When asked whether Taiwan and China are parts of one country, the party said the survey found 78.4 percent disagree, while 15 percent agreed. As for whether Taiwan and China are two districts in one country, 70.6 percent disagree, while 22.8 percent agree, the survey showed. D)When asked which among four descriptions—"one country on each side," "a special state-to-state relationship," "one country, two areas," and "two sides are of one country"—they find the most acceptable, 54.9 percent said "one country on each side," 25.3 percent chose "a special state-to-state relationship," 9.8 percent said "one country, two areas" and 2.5 percent favor "two sides are of one country," the survey showed.


Changing Taiwan's status with respect to the ROC constitution

From the perspective of the Constitution of the Republic of China, ROC constitution, which the mainstream political parties such as the Kuomintang, KMT and
DPP DPP may stand for: Business *Digital Production Partnership, of UK public service broadcasters * Direct Participation Program, a financial security * Discounted payback period Photography * Digital Photo Professional, Canon software Law en ...
currently respect and recognize, changing the ROC's governing status or completely clarifying Taiwan's political status would at best require amending the ROC constitution. In other words, if unification supporters wanted to unify Taiwan with mainland China in such a way that would effectively abolish the ROC or affect the ROC's sovereignty, or if independence supporters wanted to abolish the ROC and establish a Republic of Taiwan, they would also need to amend or abolish the ROC constitution and redraft a new constitution. Passing an amendment requires an unusually broad political consensus, which includes approval from three-quarters of a quorum of members of the Legislative Yuan. This quorum requires at least three-quarters of all members of the Legislature. After passing the legislature, the amendments need ratification from at least fifty percent of all eligible voters of the ROC, ''irrespective'' of voter turnout. Given these harsh constitutional requirements, neither the Pan-Greens nor the Pan-Blues can unilaterally change Taiwan's political and legal status with respect to the ROC's constitution. However, extreme Taiwan independence supporters view the ROC's constitution as illegal and therefore believe that amendments to the ROC constitution are an invalid way to change Taiwan's political status.


Media coverage


''Last Week Tonight''

On October 24, 2021, ''Last Week Tonight with John Oliver'' aired an episode about Taiwan after a petition on Change.org in June invited John Oliver, Oliver to discuss Taiwan's complex political situation and its international significance. In the segment, a brief but comprehensive history of Taiwan is provided with notable points such as occupation by the Dutch Formosa, Dutch, Spanish Formosa, Spanish, Taiwan under Qing rule, Manchu-Qing dynasty, and Japanese rule in Taiwan, Japanese; path to History of Taiwan#Democratic reforms, becoming a prominent Asian democracy; and the strained relation with modern-day China. Oliver also highlighted Taiwan as the birthplace of bubble tea, apologies made by John Cena after referring to Taiwan as a country, and the hesitation of international organizations like the
World Health Organization The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
and the International Olympic Committee, Olympics in properly representing Taiwan. He concluded the episode by emphasizing Taiwanese citizens' point of view and their right to determine the country's own future.


Note on terminology


Political status vs. Taiwan issue or Mainland issue

Some scholarly sources as well as political entities like the PRC refer to Taiwan's controversial status as the "Taiwan question", "Taiwan issue", or "Taiwan problem". The ROC government does not like these terminologies, emphasizing that it should be called the "Mainland issue" or "Mainland question", because from the ROC's point of view, the PRC is making an issue out of or creating a problem out of Taiwan. Others use the term "Taiwan Strait Issue" because it implies nothing about sovereignty and because "
Cross-Strait relations Cross-Strait relations (sometimes called Mainland–Taiwan relations, or Taiwan-China relations) are the relations between China (officially the People's Republic of China) and Taiwan (officially the Republic of China). The relationship ...
" is a term used by both the ROC and the PRC to describe their interactions. However, this term is also objectionable to some because it still implies that there is an issue, which they feel is created only by the PRC.


''De facto'' vs. ''de jure'' and whether ROC ceased to exist

The use of the terms ''de facto'' and ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' to describe Taiwan's as well as the Republic of China's status as a state is itself a contentious issue. This partially stems from the lack of precedents regarding derecognized, but still constitutionally functioning states (i.e., those meeting the four requirements of the
Montevideo Convention The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The Convention codifies the declarative theory of stateh ...
). For instance, it is argued by Jacques deLisle that "An additional difficulty for Taiwan is the implicit fifth of the four criteria for statehood under international law: some assertion by the relevant authorities that the entity is, in fact, a state". For example, is recognition as a state by the UN a decisive feature of statehood, given that such recognition, for the most part, correlates well with entities recognised as states by customary international law? If this "implicit fifth" principle is accepted, then the Republic of China may have ceased to be a state post-1971 as a matter of international law ("''de jure''"), yet continued to otherwise function as the state that it previously was recognised as ("''de facto''"). From the 1990s onwards, media wire services sometimes describe Taiwan as having ''de facto'' independence, whereas the Republic of China has always considered itself as a continuously functioning ''de jure'' state.


See also

* History of Taiwan * Taiwan under Japanese rule, History of Taiwan under Japanese rule * History of the Republic of China *
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m ...
* Federalism in China * Secession in China * 228 Incident, for historical context of ROC-Taiwanese conflict * One Country on Each Side * Theory of the Undetermined Status of Taiwan *
Four-stage Theory of the Republic of China The Four-Stage Theory of the Republic of China or the Theory of the Four Stages of the Republic of China is a viewpoint proposed by Chen Shui-bian, the President of the Republic of China from 2000 to 2008, in 2005. It is a viewpoint regarding the ...
* Taiwan Province * Taiwan Province, People's Republic of China *
Taiwan independence Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
* Cross-Strait Unification * Federal Republic of China * United States of China *
Cross-Strait relations Cross-Strait relations (sometimes called Mainland–Taiwan relations, or Taiwan-China relations) are the relations between China (officially the People's Republic of China) and Taiwan (officially the Republic of China). The relationship ...
* Anti-Secession Law of the People's Republic of China * Military Power of the People's Republic of China * Republic of China and weapons of mass destruction * People's Republic of China and weapons of mass destruction *
Mainland Affairs Council The Mainland Affairs Council (MAC) is a cabinet-level administrative agency under the Executive Yuan of the Republic of China in Taiwan. The MAC is responsible for the planning, development, and implementation of the cross-strait relations po ...
of the ROC *
Taiwan Affairs Office The Taiwan Affairs Office of the State Council is an administrative agency under the State Council of Mainland China. It is responsible for setting and implementing guidelines and policies related to the Republic of China (Taiwan), as stipulate ...
of the PRC * Foreign relations of Taiwan * Taiwan in United Nations *
Taiwan Relations Act The Taiwan Relations Act (TRA; ; Pha̍k-fa-sṳ: ''Thôi-van Kwan-hè-fap''; ) is an act of the United States Congress. Since the formal recognition of the People's Republic of China, the Act has defined the officially substantial but non-diplo ...
* Taiwan Allies International Protection and Enhancement Initiative Act, TAIPEI Act * Three Communiqués *
1992 Consensus The 1992 Consensus is a political term referring to the alleged outcome of a meeting in 1992 between the semiofficial representatives of the People's Republic of China (PRC) of mainland China and the Republic of China (ROC) of Taiwan. They are of ...
* 51st state#Taiwan


Notes


References


Further reading

* Bush, R. & O'Hanlon, M. (2007). ''A War Like No Other: The Truth About China's Challenge to America''. Wiley. * Bush, R. (2006). ''Untying the Knot: Making Peace in the Taiwan Strait''. Brookings Institution Press. * Carpenter, T. (2006). ''America's Coming War with China: A Collision Course over Taiwan''. Palgrave Macmillan. * Cole, B. (2006). ''Taiwan's Security: History and Prospects''. Routledge. * Copper, J. (2006). ''Playing with Fire: The Looming War with China over Taiwan''. Praeger Security. * Federation of American Scientists et al. (2006)
Chinese Nuclear Forces and U.S. Nuclear War Planning
* Gill, B. (2007). ''Rising Star: China's New Security Diplomacy''. Brookings Institution Press. * Shirk, S. (2007). ''China: Fragile Superpower: How China's Internal Politics Could Derail Its Peaceful Rise''. Oxford University Press. * Tsang, S. (2006). ''If China Attacks Taiwan: Military Strategy, Politics and Economics''. Routledge. * Tucker, N.B. (2005). ''Dangerous Strait: the U.S.-Taiwan-China Crisis''. Columbia University Press.


External links


Foreign Ministry of the People's Republic of China

Government Information Office – Republic of China

Taiwan Affairs Office of the State Council – White Papers on Taiwan Issue
by the PRC

(PRC perspective) *
Taiwan Documents Project
A complete collection of Taiwan-related documents, based in Los Angeles, USA (favors Taiwan Independence)
Taiwan and the World Trade Organization (by Steve Charnovitz)

Who Owns Taiwan: A Dissection of International Title



The Menacing Missiles of Taiwan




collection of documents and articles.

* [http://www.mac.gov.tw/english/index1-e.htm Republic of China Mainland Affairs Council]
''Sovereignty, Wealth, Culture, and Technology: Mainland China and Taiwan Grapple with the Parameters of the "Nation-State" in the 21st Century''
{{DEFAULTSORT:Political Status Of Taiwan Cross-Strait relations History of Taiwan Politics of Taiwan Law of Taiwan Sovereignty Diplomatic recognition, Taiwan