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Max Planck Encyclopedia of Public International Law [MPEPIL]

Taiwan

Björn Ahl

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 November 2020

Subject(s):
De facto regime — Indigenous peoples — Sovereignty — Territory, acquisition and transfer — Self-defence — Self-determination — Statehood, legitimacy

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The question of Taiwan’s international legal status is one of the most enduring problems in international law. Based on effectiveness, Taiwan appears to comply with the criteria of statehood, but it has not unequivocally asserted a separate legal status as a State, and therefore it cannot be regarded as a State under international law. Moreover, the question of what entity acquired territorial sovereignty over Taiwan needs to be addressed (Territorial Integrity and Political Independence). The contentious legal issues relating to Taiwan’s participation in...
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