The international legal status of (a) Taiwan territory and the (b) Republic of China on Taiwan are enigmas that have puzzled legal researchers for many decades. In fact, a firm grasp of certain little-known legal fundamentals is necessary in order to delve into the solutions to such matters. This website provides comprehensive analysis and commentary which fully illustrate the complexities involved.
Category | Joint Communiqués |
Sub-Category | Taiwan's legal status |
Question | Do any of the Three USA-PRC Joint Communiqués recognize that Taiwan belongs to China? |
Answer | Many people are unaccustomed to reading the type of diplomatic double-talk contained in these Communiques. Hence, they are unable to fully understand the meaning of the content contained therein. In fact, since the early years of the 20th century, the United States government has never recognized that Taiwan belongs to China. |
Analysis
Reference is made to the report of the Congressional Research Service,
titled China/Taiwan: Evolution of the "One China" Policy, dated
July 9, 2007.
In the Summary at the beginning of that report the following points were made --
quote:
(1) The United States did not explicitly state the sovereign status of Taiwan in the three US-PRC Joint Communiques of 1972, 1979, and 1982.
(2) The United States "acknowledged" the "One China" position of both sides of the Taiwan Strait.
(3) US policy has not recognized the PRC's sovereignty over Taiwan;
(4) US policy has not recognized Taiwan as a sovereign country; and
(5) US policy has considered Taiwan's status as undetermined.
Further References and Links
China/Taiwan: Evolution of the "One China" Policy
Taiwan's Legal Status: Taiwan's Legal Status: An Overview of the San Francisco Peace Treaty
Areas Conquered by U.S. Military Forces and therefore under USMG Jurisdiction -- with later "new disposition" by peace treaty