The State of Taiwan

From International Law to Geopolitics

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China claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.

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Werner Somers (1974) holds a PhD in international law from the Open University of the Netherlands as well as a MA (Germanic philology) from Ghent University. He is working as a lawyer-linguist at the Court of Justice of the EU.
Preface
Acknowledgements
List of Figures

Part 1: Introduction, Historical Background, and Views on the Status of Taiwan



1 Introduction: Description and Topicality of the Problem
2 Historical Background of the Taiwan Issue
3 Views on the International Legal Status of Taiwan

Part 2: Relevant International Legal Conceptual Framework



4 The State: Importance of a Definition and History of Formation
5 The Montevideo Criteria for Statehood
6 Sovereignty and Independence
7 Additional Criteria for Statehood
8 Modes of Acquisition of Territory and Special Territorial Regimes

Part 3: International Legal Status of Taiwan



Section 1: The International Legal Status of Taiwan: Part of the “State of China” or Condominium of the Allies



9 Taiwan as Part of the “State of China” or a Condominium?

Section 2: The International Legal Status of Taiwan: Independent State



10 Does the Taipei-based Republic of China Have a Defined Territory and a Permanent Population?
11 Does the Taipei-based Republic of China Have an Effective Government?
12 Does the Taipei-based Republic of China Have the Capacity to Enter into Relations with Other States?
13 Is the Taipei-based Republic of China a Sovereign Entity Whose Origin Is Not Illegal?
14 The Taipei-based Republic of China and the Will to Statehood

Part 4: Conclusions and Final Remarks



15 Pseudomorphosis of Sovereign Taiwan after the Historical Republic of China (1912–1949)

Epilogue: From International Law to International Relations and Geopolitics. Taiwan, Strategic Clarity and the Cohesion of the Democratic World

Bibliography
Cited Case Law
Index

Individuals who are professionally concerned with the status of Taiwan, international lawyers, constitutional lawyers, legal and political philosophers, international relations scholars, researchers, diplomats, employees of foreign ministries and international organizations.
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