The cross-strait relationship between China and Taiwan in light of international law: not quite a mere domestic affair …

Abstract

ABSTRACT Taiwan is one of the most critical questions in current international affairs. China’s tough interpretation of the ‘one-China policy’ (there is one China, Taiwan belongs to it and is bound to reunite under the sole legitimate government, i.e. Beijing), is at odds with Taiwan increasingly distancing itself from the mainland. China no longer hides its military plans to gain control of Taiwan, should the latter persist in its determination not to reunite or formally declare its independence. The present article looks at two issues that are crucial and intertwined: the much-debated question concerning the status of Taiwan under international law, and the much … less debated question of whether it would be lawful for China to resort to armed force to establish its rule over Taiwan. Recent state practice highlights a significant trend towards restricting resort to force against stabilised, post-conflict, de facto entities, with Taiwan representing a paradigmatic case.