The Taiwan Question and the One-China Policy: Legal Challenges with Renewed Momentum

Die Fridens-Warte: Journal of International Peace and Organization, Vol. 84, No. 3, pp. 59-81, 2009

24 Pages Posted: 24 Dec 2009 Last revised: 10 Oct 2012

See all articles by Pasha L. Hsieh

Pasha L. Hsieh

Singapore Management University - School of Law

Date Written: December 23, 2009

Abstract

The question of Taiwan’s status has faced legal challenges from the one-China policy under both domestic law and international law. The article argues that the state status of the Republic of China (ROC) on Taiwan has never ceased to exist as a result of either the loss of diplomatic recognition or the United Nations Resolution 2758, which transferred the UN seat from the ROC to the People’s Republic of China (PRC). In the past decades, the ROC and the PRC possess separate statehoods and have co-existed under the “de jure roof of China.” The evolvement of state practice of Taiwan and China, as well as foreign states, indicate a more pragmatic approach to the divided state formula. Moreover, recent cross-strait economic agreements and Taiwan’s observership at the World Health Assembly show the significant improvement of Beijing-Taipei relations. Yet, the article cautions that the one-China policy will continue to pose renewed challenges to Taiwan’s bid to join other UN-affiliated agencies, which condition membership on states.

Keywords: Taiwan, China, United Nations, UN, WHO, WHA, WTO, ECFA

Suggested Citation

Hsieh, Pasha L., The Taiwan Question and the One-China Policy: Legal Challenges with Renewed Momentum (December 23, 2009). Die Fridens-Warte: Journal of International Peace and Organization, Vol. 84, No. 3, pp. 59-81, 2009, Available at SSRN: https://ssrn.com/abstract=1527624

Pasha L. Hsieh (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Level 4
Singapore, 179943
Singapore
68280345 (Phone)

HOME PAGE: http://law.smu.edu.sg/directory/pasha-l-hsieh

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
219
Abstract Views
1,002
rank
154,067
PlumX Metrics