The International Legal Status of Formosa

Abstract

We consider that the isolation of Communist China from a large part of normal international relations is dangerous. We are prepared to accept the reality of the victory in mainland China in 1949…. We consider, however, that the effective political independence of Taiwan is a political reality too.—THE HONORABLE PAUL MARTINThe International Legal Status of Formosa has long been a subject of vigorous political and academic debate. Twenty-three years after the termination of the Second World War the matter remains completely unresolved; yet it is of fundamental importance. As one writer has stated, “The question of the international status of Taiwan has been the central issue of dispute between the People’s Republic of China and a number of western states and has constituted the primary obstacle to the establishment of formal relations between mainland China and Canada.” In the words of another scholar:The Formosa problem is perhaps the most important cause of the hostile relationship between the United States and Communist China. Its prolonged unsettlement creates a highly dangerous situation in the Far East. As a result, many international problems, such as Chinese recognition, the seating of Communist China and disarmament remain unsolved. Accordingly, an early settlement of the Formosan problem is necessary.