The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status - 1st Edition - ISBN: 9780081023143, 9780081023150

The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status

1st Edition

Authors: Frank Chiang
eBook ISBN: 9780081023150
Hardcover ISBN: 9780081023143
Imprint: Elsevier
Published Date: 21st November 2017
Page Count: 388
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Description

The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy.

Key Features

  • Responds to a key international issue of our time
  • Takes a legal perspective on Taiwan and the One-China policy
  • Considers the definition of a nation State from first principles, also offering new definitions
  • Applies international law on territory to draw conclusions on Taiwan and its relation to the People’s Republic of China
  • Systematically critiques the role of the UN and other global actors in relation to Taiwan

Readership

Scholars of international law, political science and political philosophy; students of modern history and international relations; Government leaders, congressional members and parliamentarians, and other foreign policy makers

Table of Contents

Introduction
PART I. STATE, SOVEREIGNTY, AND TERRITORY
Chapter 1. The State
1. The State and society
2. Various kinds of States
A. The Medieval feudal State
B. The modern State
3. Fundamental characteristics of the modern State
4. The States predicated on territor
Chapter 2. The State and Sovereignty
1. Sovereignty
A. The power system of the ruler
B. Bodin's theory of sovereignty
C. Theories of king's authority
2. The meaning of the word ‘State’
A. The origin of the word 'State'
B. The word for the territorial political institution
(a) The word for territorial political institution prior to the use of ‘state’
(b) The Italian word ‘stato’
(c) The word 'state' for a territorial political institution
(d) The word 'state' for a constituent unit of an empire or a commonwealth
C. The word 'state' for an independent territorial political institution
(a) The American Revolution
(b) The republican state: the neo-modern State
(c) The terms 'nation', 'nation state', and 'country'
3. Sovereignty and the neo-modern State
A. Sovereignty in the republican State
B. Characteristics of sovereignty in the republican State
C. The neo-modern State and its territory
D. The neo-modern State and its government
4. Sovereignty and the constitutional monarchy
5. Sovereignty and the republican State transformed from constitutional monarchy
6. Sovereignty claimed in other names in the 20th century
A. Constituent unit of an empire or a commonwealth
B. People in a whole
7. Sovereignty as a defense of the State act
8. State, sovereignty, and international law
A. Creation of international law
B. Sources of international law
C. Nature of the State in international law
D. Common elements of the States in international law
E. Creation of State in international law
F. State power and international law
G. Basic principles of international law based on sovereignty
Chapter 3. The Territorial State
1. The territorial State and international law
2. Territorial treaties
3. Secession and the territorial State
PART II. CHINA AND THE REPUBLIC OF CHINA
Chapter 4. The State and Govenments of China
1. The State of China
2. The governments in modern China
Chapter 5. The Political Status of the R.O.C. in Taiwan
1. The R.O.C. in Taiwan
2. Position of two Jiang (Chiang)s on the political status of the R.O.C. in Taiwan
3. U.S.'s position on the political status of the R.O.C. before Lee Teng-hui
4. U.N.'s position on the status of the R.O.C. in Taiwan before Lee Teng-hui
5. Position of Lee Teng-hui on the political status of the R.O.C.
6. Position of Chen Shui-bian on the political status of the R.O.C.
7. Political status of the R.O.C. under Lee and Chen in international law
8. Position of Ma Ying-jeou on the political status of the R.O.C.
9. Position of Tsai Ing-wen on the political status of the R.O.C.
PART III. SOVEREIGNTY OVER TAIWAN
Chapter 6. China’s Sovereignty Over Taiwan Before U.S.'s One-China Policy
1. A historical overview of the island of Taiwan
2. China's claim of title to the island of Taiwan
3. A legal analysis of China's claim of title to the island of Taiwan
A. Title based on the past ownership
B. Title based on its own proclamations
C. Title based on the Cairo Declaration and the Potsdam Proclamation
(1) The Peace Treaty of San Francisco
(2) The postBPeace Treaty interpretations of the U.S. and the U.K.
(3) The Treaty of Taipei signed by the R.O.C. and Japan
(4) The U.S.- China (the R.O.C.) Mutual Defense Treaty
(5) The Treaty of Peace and Friendship signed by the P.R.C. and Japan
D. Title based on the administration of Taiwan
4. China's sovereignty over Taiwan before the one-China policy
Chapter 7. China's Sovereignty Over Taiwan Under U.S.’s One-China Policy
1. U.S.'s one-China policy and its position on the legal status of Taiwan
2. The P.R.C.'s one-China principle
Chapter 8. U.N.'s Position on the Sovereignty of Taiwan
1. Kofi Annan's policy statements
2. The U.N. Security Council’s position on the legal status of Taiwan
3. The U.N. General Assembly’s position on the legal status of Taiwan
4. U.N.'s one-China policy
Chapter 9. The Legal Status and the Political Status of Taiwan in International Law
1. The legal status of Taiwan in international law
2. The political status of Taiwan in international law
PART IV. U.S.’s CONTROL OVER TAIWAN
Chapter 10. U.S.'s Policy on Taiwan
1. U.S.'s present policy on Taiwan
A. The one-China policy
B. Taiwan Relations Act
2. The implementation of the U.S. policy
A. U.S.'s protection and control of Taiwan after Japan surrendered
B. U.S. Government’s source of power to implement its policies toward Taiwan
(a) The power of the occupying State
(b) The power under the U.S.- China(the R.O.C. government) Mutual Defense Treaty
(c) The power pursuant to Taiwan Relations Act
Chapter 11. Taiwan Under U.S.'s Protection and Control
1. Taiwan under U.S.'s policy 
A. The policies of the U.S. and the U.K. on Taiwan immediately after World War II
B. The policy of  'no Taiwan independence'
C. The policy of  'no referendum for Taiwan'          
D. The people of Taiwan under U.S.'s present policy
2. Taiwan Policy Act
Chapter 12. Solution
Conclusion

Details

No. of pages:
388
Language:
English
Copyright:
© Elsevier 2018
Published:
Imprint:
Elsevier
eBook ISBN:
9780081023150
Hardcover ISBN:
9780081023143

About the Author

Frank Chiang

Frank Chiang is Professor of Law at Fordham University School of Law, and a Member of the New York State Bar. He has previously held many international academic and professional positions including as Visiting Professor of Law, Chuo University of Tokyo, and at the Japan Comparative Law Institute, also in Tokyo.

Affiliations and Expertise

Professor of Law at Fordham University School of Law, and a Member of the New York State Bar, USA

Ratings and Reviews