During an exclusive interview with Agence France-Presse late last month, President Tsai Ing-wen (蔡英文) called on the international community to constrain “China” together.
Former National Security Council secretary-general Su Chi (蘇起) commented that as Tsai used the word “China,” and not the phrase “mainland China,” she revealed her concept of “one country on each side.”
Su said that as Tsai advocates winning over the world against China, she is walking from cross-strait reconciliation to confrontation, and reconciliation is unreachable unless Taiwan recognizes itself as a part of China.
However, legally and from the Taiwanese public’s subjective self-awareness, Taiwan is not a part of China.
For the former, the issue can be divided into three aspects according to international convention: succession of state, international treaties and de facto occupation.
First, in terms of succession of state, the People’s Republic of China (PRC) did succeed the Republic of China (ROC) in China. The problem is, when the ROC’s draft constitution was announced on May 5, 1936, Article 4 divided the nation’s territory into 30 areas, but Taiwan was not included, because it was under Japanese colonial rule.
When the ROC Constitution was promulgated in 1947, it did not alter the territory of the nation. Obviously, Taiwan does not belong to China under such circumstances.
Second, in terms of international treaties, China often likes to cite the 1943 Cairo Declaration. As a matter of fact, that was merely a joint communique after the Cairo meeting: It was not an international treaty. How could a treaty on sovereignty be signed when Japan, which claimed sovereignty over Taiwan at the time, was absent from the meeting?
As for the 1951 San Francisco Peace Treaty, Japan renounced “all right, title and claim to Formosa and the Pescadores.” However, neither the Soviet Union nor the PRC attended the San Francisco meeting, so Japan certainly did not give Taiwan’s sovereignty to China.
Third, in terms of de facto occupation, China likes to cite that Taiwan was taken over by Chiang Kai-shek’s (蔣介石) regime. However, the Chiang regime did not occupy Taiwan as a Chinese government. It enacted the Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion (動員戡亂時期臨時條款), while freezing the Constitution until 1991. What took over Taiwan in the past was a hegemony, not a Chinese government.
Some self-proclaimed experts have claimed that since the Taiwanese government was formed according to the Constitution, Taiwan is therefore a Chinese territory.
However, such an opinion is wanting. After Taiwan ended the temporary provisions, it amended the Constitution immediately. Intriguingly, in several rounds of amendments, it simply added some articles to the Constitution without changing existing articles, so the Taiwanese government was formed completely according to the additional articles, which were stipulated by representatives of Taiwanese. Such additional articles are equal to Taiwan’s “basic laws,” which are completely irrelevant to China.
Finally, from the perspective of Taiwanese’s subjective self-awareness, Taiwanese and Chinese belong to two different worlds, and the majority of Taiwanese are unwilling to be Chinese. As for the few people who identify with China, they should be allowed to return to their motherland.
Chen Mao-hsiung is a retired National Sun Yat-sen University professor and chairman of the Society for the Promotion of Taiwanese Security.
Translated by Eddy Chang
US President Donald Trump has gotten off to a head-spinning start in his foreign policy. He has pressured Denmark to cede Greenland to the United States, threatened to take over the Panama Canal, urged Canada to become the 51st US state, unilaterally renamed the Gulf of Mexico to “the Gulf of America” and announced plans for the United States to annex and administer Gaza. He has imposed and then suspended 25 percent tariffs on Canada and Mexico for their roles in the flow of fentanyl into the United States, while at the same time increasing tariffs on China by 10
As an American living in Taiwan, I have to confess how impressed I have been over the years by the Chinese Communist Party’s wholehearted embrace of high-speed rail and electric vehicles, and this at a time when my own democratic country has chosen a leader openly committed to doing everything in his power to put obstacles in the way of sustainable energy across the board — and democracy to boot. It really does make me wonder: “Are those of us right who hold that democracy is the right way to go?” Has Taiwan made the wrong choice? Many in China obviously
US President Donald Trump last week announced plans to impose reciprocal tariffs on eight countries. As Taiwan, a key hub for semiconductor manufacturing, is among them, the policy would significantly affect the country. In response, Minister of Economic Affairs J.W. Kuo (郭智輝) dispatched two officials to the US for negotiations, and Taiwan Semiconductor Manufacturing Co’s (TSMC) board of directors convened its first-ever meeting in the US. Those developments highlight how the US’ unstable trade policies are posing a growing threat to Taiwan. Can the US truly gain an advantage in chip manufacturing by reversing trade liberalization? Is it realistic to
About 6.1 million couples tied the knot last year, down from 7.28 million in 2023 — a drop of more than 20 percent, data from the Chinese Ministry of Civil Affairs showed. That is more serious than the precipitous drop of 12.2 percent in 2020, the first year of the COVID-19 pandemic. As the saying goes, a single leaf reveals an entire autumn. The decline in marriages reveals problems in China’s economic development, painting a dismal picture of the nation’s future. A giant question mark hangs over economic data that Beijing releases due to a lack of clarity, freedom of the press