Rebublika Chińska na Tajwanie – pytanie o status prawnomiędzynarodowy

Abstract

The Republic of China is the specific subject of International Law, because after many years of functioning formal and legal status of the island remains unregulated. According to the classical concept of state Taiwan has all three requirements necessary to be considered as a state organism. However, in situation where law and international relations have become very complicated and developed, it is not a sufficient condition to give recognition to the Republic of China as a full-fledged state creation. The necessity is the acknowledgement of the Republic of China by the international community, which was lost in the second half of the twentieth century. Many historical events politically oriented has contributed to this situation. Two major events of international importance relevantly complicated the situation of the Republic of China. The outbreak of civil war in China ended in 1949 with failure of the Kuomintang, as well as the Korean War in 1950. The first one lead to the rule of Mao Zedong’s and proclamation, on 1st October 1949, The People’s Republic of China on the mainland while the sovereign government of The Republic of China was established in Taiwan. Another important moment in the history of Taiwan was exclusion its representatives from the UN body in 1971, which resulted in 2 years of almost total political isolation of Taiwan. The problem of Taiwan and its representation in international organizations remain unsolved for decades, which is a precedent in international law.