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Chinese Business Site - Taiwan's Relations

Taiwan's Status in International Relations

As mentioned, the state forms the primary legal 'person' in international relations. In order for a political entity to be classified as a state, it must display several characteristics that it shares in common with other states. These are: (1) territory; (2) population; (3) government (the political agent for the state); and (4) independence of action (sovereignty). The term 'government' here can be defined as 'a group of individuals sharing a defined responsibility for exercising power'. A 'sovereign' government can be defined as 'a group of individuals exercising legitimate authority, and protecting and adapting the community by making and carrying out decisions'. 'Sovereignty' is usually associated with the concept of enjoying 'certain immunities and privileges' - such as sending out and receiving diplomats and possessing immunity from the jurisdiction of other states. The distinctions between whether a state enjoys sovereignty, and exactly when a state's dependence on another undermines its ability to act independently, is very hazy.

Differentiation occurs at the state level. On Taiwan resides the KMT government, claiming to represent the 'state' of the Republic of China, and on the mainland resides the CCP government, claiming to represent the 'state' of the People's Republic of China. Both governments claim to represent the same 'nation' - China, and for the purposes of analysis, China can be assumed to consist of 'one-nation, two-states'.

This article will use the example of the Australian Government's changing of recognition from the 'state' of the ROC to the 'state' of the PRC. Recognition can be defined as the discretionary function exercised unilaterally by the government of a state officially acknowledging the existence of another state or government. There exists two types of recognition, namely de facto (express) or de jure (tacit). The differences between the two reflect the differences between recognition of a state and the recognition of a government. The recognition of the existence of a state, but not its government or subsequent governments, is defined as de facto recognition.

Before 1972, Australia granted de facto recognition to the PRC, while the KMT government enjoyed de jure recognition that claimed to be the legitimate representatives of the ROC. When in 1972, Australia granted the PRC total de jure recognition therefore; the KMT and the ROC no longer continued to exist in the eyes of the Australian government. No longer a province of the ROC, Taiwan - in the view of the Australian government - was literally transformed overnight into a province of the PRC.

The Australian government's recognition of the PRC over the ROC was essentially an official acknowledgment of its own agreement of the legality and rights of the CCP to exercise control over all China, and disacknowledgment of the sovereignty of the KMT government to represent the ROC.

In defining the status of Taiwan then, one confronts a most contentious issue. Ethnic Taiwanese opposition aside, both the governments in Beijing and in Taipei recognise Taiwan as a province of China, but any similarity of opinion between Beijing and Taipei regarding Taiwan's position ceases here. Its basic assumption is that conflict has its origins in people's socio-economic environment, and a major precondition for the solution of political violence and the ultimate elimination of war is the development of an ever-broadening infrastructure of international economic and social cooperation. Functionalism aims at bringing peoples together through collaboration in functionally explicit activities, promoting over time a sense of common interests and shared attitudes.



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