Taiwan’s International Status: “A Country Within a Country”

In California, a recent meeting was held between the President of Taiwan, Tsai Ing-wen, and the U.S. House Speaker, Mr. Kevin McCarthy, which holds political significance. This aforementioned meeting facilitated a negative shift in the bilateral relations between China and Taiwan.  The latent hostilities between China and Taiwan possess the potential to escalate into full-scale armed conflict at any given juncture.

The proposal

The incongruent dynamic existing between China and Taiwan has persisted since 1949, when Taiwan made the conscious decision to separate from mainland China.

From 1949 onwards, China and Taiwan have been embroiled in a geopolitical imbroglio pertaining to their respective territorial integrity and claims of sovereignty. The Chinese government asserts that Taiwan is an integral component of its sovereign geography. On the contrary, Taiwan is assertive of its autonomy as a distinct, self-governing entity that operates independently and is no longer subject to Chinese jurisdiction.

The discordant relationship between the two sides which has escalated over the preceding biennium, potentially heightening the likelihood of military confrontation.

Over the course of the past two years, there have been several instances in which China has deployed the Chinese People’s Liberation Army (PLA) to conduct military maneuvers in close proximity to Taiwan. The aforementioned initiative was aimed at preventing any activities fueled by Taiwan that could have been construed as provocative and potentially encroach on China’s claims of rightful control over Taiwan’s sovereignty and territorial boundaries

The persistent geopolitical tensions between China and Taiwan since 1949 can be attributed to diverging opinions regarding the formal recognition of Taiwan, in particular, the contentious matter of Taiwan’s sovereignty. Tensions will continue Between China and Taiwan until Taiwan becomes independent or recognizes its self-identification as a constituent part of China.

Since 1949, the China has exerted persistent pressure upon Taiwan to acquiesce to the notion of reunification or the incorporation of Taiwan into the mainland territory of China. Nevertheless, it appears that Taiwan’s internal political circumstance and dynamics persist in maintaining its political choices and ideology as a democratic and self-governing entity.

The prolonged inability of both parties to develop a more extensive and adaptable resolution or methodology to address the matter implies that the aspiration to “normalize” relations between China and Taiwan continues to exist solely within the realm of rhetoric.

In order to achieve the objective of unification under the the idea of the “One China Principle” or One China Policy and to surmount the political divergence concerning Taiwan’s official position, has engendered several propositions by China aimed at resolving this issue. A proposed approach adopt the implementation of a “one country, two systems” protocol akin to that employed in Hong Kong and Macau.

The Chinese government has expressed that the policy is exceedingly permissive and capable of surmounting the distinct system variances that exist between the mainland region of China and Taiwan.

The proposal of “special administrative region” attributed to Taiwan enables the continued preservation of its economic, social, and security system that they have built so far, while attenuating or obviating any undue influence or interference by China. Nonetheless, the aforementioned proposal appears to be insufficient in instigating political transformation in Taiwan, given the persistent refusal of Taiwanese individuals and governmental officials to endorse unification and uphold their desire for independence.

In view of China, safeguarding Taiwan and accomplishing the complete unification of the country is not solely a matter of fulfilling its constitutional obligations, but also serves the purpose of preserving its stature as a dominant and revered nation on the global stage.

In contrast, Taiwan persistently endeavors to establish diplomatic and cross-strait relations through a range of diverse strategies and approaches with multiple nations across the globe. The clear objective is to secure the hearts and compassion of the global populace. Taiwan undertook this action with the aim of restoring its position in the global arena and paving the way for its eventual recognition as a self-governing entity with full political autonomy.

“Country within a country”

Again, the China-Taiwan issue is rooted in a territorial and sovereignty perspectives. In the global arena, China maintains a comparatively advantageous position. China, is a prominent participant in the United Nations, the most extensive intergovernmental organization encompassing numerous states worldwide, Positioning itself as a powerful participant in the direction and reflection of global politics. Furthermore, China belongs to “the distinguished” member of UN Security Council’s five permanent members, which has so far strong and great influence on world politics.

On the other hand, the international position held by Taiwan is considerably intricate. The question regarding the statehood of Taiwan remains a matter of unsettled dispute, given the absence of any universally recognized body empowered to render definitive judgments regarding the status of a nation-state.

Since the adoption of Resolution A/RES/2758 by the UN General Assembly on October 25, 1971, Taiwan has lost its international “stage”. This is because the resolution affirms China as the sole legitimate representative of China to the United Nations and consequentially nullifies Taiwan’s membership from the organization.

It is a well-documented reality that numerous nations have forged informal diplomatic ties with Taiwan, particularly in the realm of trade and investment. The United States, for instance, has solidified such relations through the Taiwan Relations Act. To the present day, a limited number of 22 nations have formally acknowledged and established official diplomatic intercourse with Taiwan. A notable aspect is that the majority of these nations lack any substantial sway or significant leverage on the international political sphere. Specifically, countries of comparatively small size in the African and Latin American regions, namely Haiti, Belize, and Tuvalu.

Taiwan has indeed met the three constitutive elements or absolute requisites deemed necessary for a country as exemplified by the 1933 Montevideo Convention. These components include the presence of a defined territorial boundary, a functioning populace, and a duly constituted government. However, Taiwan lacks a crucial element in its diplomatic status, namely the recognition from the international community through a declarative act.

The restricted global acknowledgement of Taiwan undoubtedly carries considerable political and legal ramifications. Recognition is widely regarded as the key component in modern international politics that has the potential to enhance the legitimacy and sovereignty of a given state.

Taiwan faces formidable challenges in achieving recognition. In order to attain successful governance, Taiwan must display adeptness in efficiently managing both internal and external political dynamics. Otherwise, the current state of affairs will persist, leading to Taiwan’s classification as a “subnational entity” Or “A country within a country”.

Ultimately, the resolution of the China and Taiwan conflict proves to be a formidable challenge. In order to mitigate potential future crises and uphold regional and international stability, it is necessary for China and Taiwan to refrain from engaging in provocative actions. It is imperative to adopt a cooperative approach through negotiations and concessions that are all-encompassing and pertinent, in order to attain a sustainable resolution that caters to the interests of both China and Taiwan’s populace of 23 million, while acknowledging and adapting to their respective challenges and circumstances.

Ogiandhafiz Juanda
Ogiandhafiz Juanda
Ogiandhafiz Juanda is an Indonesian lawyer and lecturer at Universitas Nasional in Jakarta. He is the Director of Treas Constituendum Institute for International Law, Human Rights Law and Political Studies. He is Also Certified Professional Arbiter at Indonesian Dispute Board. He obtained his LL.M in International Law and Global Justice at Sheffield University, UK.