On July 25, the US House of Representatives passed the Taiwan International Solidarity Act, which states that while UN General Assembly Resolution 2758 “established the representatives of the Government of the People’s Republic of China [PRC] as the only lawful representatives of China to the United Nations,” the resolution “did not address the issue of representation of Taiwan and its people in the United Nations or any related organizations.”
The act is not only a political statement of profound significance on the US’ part, but it also underscores the fact that the US is using a formal legal document to counter China’s deliberate misrepresentation of Resolution 2758 to suppress Taiwan’s international participation.
For decades, China, be it through its Ministry of Foreign Affairs or Taiwan Affairs Office, has cited Resolution 2758 — which only addresses China’s right of representation — as the legal basis for its “united front” work against Taiwan.
Chinese officials have always claimed that “once and for all, Resolution 2758 resolved, politically, legally and procedurally, the issue of the representation of the whole of China, including Taiwan, in the United Nations.” However, this is China making a fool of itself in the international community.
In the text, Resolution 2758 states that the PRC is the only legitimate government of China and that it replaced the representatives of Chiang Kai-shek (蔣介石), then the president of the Republic of China, as a permanent member of the UN Security Council.
As Resolution 2758 addresses only the issue of China’s representatives to the UN without a word about Taiwan, the PRC has no legitimate grounds to use it as a basis for its claim of sovereignty over Taiwan. While Beijing has stubbornly clung to the document, the US House has delivered a stinging slap with the passing of the Taiwan International Solidarity Act.
For decades, the US has relied on the Taiwan Relations Act as its legal framework for the US-Taiwan relationship, but has never rebuked Beijing’s “one China” principle with the passing of legislation. However, this time the US has put its foot down and made it clear to the world that Resolution 2758 has nothing to do with Taiwan’s sovereignty, thereby breaking the illusion of China’s sovereignty over Taiwan.
Before Taiwan’s presidential election in January, every candidate would inevitably face the question surrounding Resolution 2758. In terms of Taiwan’s status and foreign relations, the candidates would have to consider Washington’s shift away from China with the Taiwan International Solidarity Act and face the argument centering on Resolution 2758, whether it is Taiwan People’s Party Chairman and founder Ko Wen-je (柯文哲), who promotes the ideology that “two sides of the Strait are one family,” or Chinese Nationalist Party (KMT) New Taipei City Mayor Hou You-yi (侯友宜), whose “anti-independence” stance falls in line with the PRC’s party line.
China has always used Resolution 2758 as its legal basis for blocking Taiwan’s participation in international organizations. Now that the West, led by the US, is severing ties with China, Taiwan’s presidential candidates also have the responsibility to show their hands: whether they are to keep on kowtowing to China on the sidelines, or to accept the terms laid down in black and white in Resolution 2758, and keep Taiwan in lockstep with democratic allies.
The results of the presidential election will not only determine Taiwan’s future, but also Taiwan’s role in the global community.
Huang Di-ying is a lawyer and chairman of the Taiwan Forever Association.
Translated by Rita Wang
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