Krytyka Prawa. Niezależne studia nad prawem

The Taiwan Problem: Two China or One China

Suzuki, Teruji

Akademia Leona Koźmińskiego

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Abstract

The difficult history of Taiwan has preoccupied politicians and scholars for the better part of the last century and is unlikely to be unraveled in the near future. The main issue is the following: are there two separate Chinas or one and if so who has the right to represent China? Both the Taiwanese and Peking governments have consistently adhered the One China theory and both claim the right to represent the country. Many legal concepts were devised in support of either party, including that Taiwan had become res nullius after Japan’s unconditional surrender, or a condominium of the Allied Powers. Several major theories are analysed in depth, based on the interpretation of public international law such as the Peace Treaty of San Francisco, the Treaty of Taipei and the Shimonoseki Peace Treaty. Parallels are drawn between the attempts to decide the legal status of Taiwan and akin attempts performed by some European territories such as bringing Alsace-Loraine in the fold of France. The paper aims mainly at exploring various concepts of Taiwan’s status according to international law. This investigation takes into account the international and the domestic situation.

Metadata

Journal Krytyka Prawa. Niezależne studia nad prawem 
Volume 7 
Issue 1 
Issue date 3/2015 
Type Article 
Language en
Pagination 497–523
DOI 10.7206/kp.2080-1084.95
ISSN 2080-1084
eISSN 2450-7938