The State of Taiwan

Werner Somers (1974) holds a PhD in international law from the Open University of the Netherlands as well as a MA (Germanic philology) from Ghent University. He is working as a lawyer-linguist at the Court of Justice of the EU.

Preface

Acknowledgements

List of Figures



Part 1: Introduction, Historical Background, and Views on the Status of Taiwan



1 Introduction: Description and Topicality of the Problem

2 Historical Background of the Taiwan Issue

3 Views on the International Legal Status of Taiwan



Part 2: Relevant International Legal Conceptual Framework



4 The State: Importance of a Definition and History of Formation

5 The Montevideo Criteria for Statehood

6 Sovereignty and Independence

7 Additional Criteria for Statehood

8 Modes of Acquisition of Territory and Special Territorial Regimes



Part 3: International Legal Status of Taiwan



Section 1: The International Legal Status of Taiwan: Part of the “State of China” or Condominium of the Allies



9 Taiwan as Part of the “State of China” or a Condominium?



Section 2: The International Legal Status of Taiwan: Independent State



10 Does the Taipei-based Republic of China Have a Defined Territory and a Permanent Population?

11 Does the Taipei-based Republic of China Have an Effective Government?

12 Does the Taipei-based Republic of China Have the Capacity to Enter into Relations with Other States?

13 Is the Taipei-based Republic of China a Sovereign Entity Whose Origin Is Not Illegal?

14 The Taipei-based Republic of China and the Will to Statehood



Part 4: Conclusions and Final Remarks



15 Pseudomorphosis of Sovereign Taiwan after the Historical Republic of China (1912–1949)



Epilogue: From International Law to International Relations and Geopolitics. Taiwan, Strategic Clarity and the Cohesion of the Democratic World



Bibliography

Cited Case Law

Index