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  1. 1 Acta Asiatica Varsoviensia

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  1. 1 Klaczynski M.

  2. 1 Zemanek B. S.

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  1. 1 2005

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THE LEGAL STATUS OF THE TAIWANESE STATE IN THE LIGHT OF INTERNATIONAL LAW

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Klaczynski M., Zemanek B. S.
Acta Asiatica Varsoviensia
|
2005
|
vol. 18
7-17
EN
The authors' aim was to analyze the political status of Taiwan and present its possible future. The article was based on studies concerning theory of international law as well as on texts of signed treaties. Taiwan may be treated as the 'true China', a rebelled province, a non-state territory or a newly emerged state. It is currently ruled by the Republic of China (the ROC). According to the international law, the ROC cannot be regarded as anything else than a usual state, which although has very limited international relations, maintains full ability to conduct such relations. That is why there are no legal reasons why it should not be represented in international organizations, UN included. The current ROC on Taiwan is not the same as the ROC that was established in 1912. Such claims are legal fiction maintained (by both the ROC and the People's Republic of China -PRC) for political reasons. The adjusting of appropriate laws to fit the reality of the existence of two Chinese states would be very desirable, especially because it does not preclude the possibility of future reunification. However, the PRC government very much opposes any such movements and warns the ROC against doing so. Calm acceptance of Taiwan's fate may have far-fetching consequences, mainly because of the signal it would send to all modernizing nations of the world. The Taiwanese managed to build a well-functioning civic society with all the freedoms secured. If they do not receive any support, all other nations will realize that the efforts towards democratization are labours lost: the only thing that counts is the economical and military power of one's neighbour. There is no gain in challenging the PRC. This does not mean that there is no place for exerting some political pressure. The case of Taiwan may be an excellent model for future political reforms in China. But a model must exist, if it is to fulfill its function, when the situation in China becomes ripe enough for political reform.
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