The U.S.-Taiwan-China Relationship in International Law and Policy

Abstract This book describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the international and domestic legal issues shaping U.S. policy in the Asia-Pacific region. Two of these issues receive particular attention: Taiwan’s status under international law and the role of the Taiwan Relations Act (TRA) in the formulation of U.S. policy toward Taiwan. Taiwan meets the requirements for statehood under international law, but it lacks the stature of a normalized state in the international community. This book endorses the central purpose of the TRA—maintaining peaceful cross-strait relations—while offering policy alternatives that will empower Taiwan to participate more actively in the international arena. The book follows in the tradition of the New Haven School of international law. As such, it defines the common interests of the world community, which include demands for human dignity and human security and the protection of human rights in accordance with bedrock norms such as the right to self-determination and the peaceful resolution of conflict. Taiwan’s ultimate future ought to be determined by the people of Taiwan through a plebiscite under the supervision of the international community. Should the Taiwanese vote to continue down the path of democracy and normalized statehood, their wish would be in accordance with international law, historical trends, and contemporary political conditions. Most of all, the people of Taiwan will continue to live freely and democratically—a state of affairs made possible by the support of the United States.