Beena

China’s claim on Taiwan: An international law perspective - U.S.I. Journal: India’s Oldest Journal on Defence Affairs - 154(638), Oct-Dec, 2024: p.626-639

This article explores China’s claim to Taiwan from an international law perspective, tracing its origins to the Qing Dynasty and its solidification post-1949 with the establishment of the People’s Republic of China. China views Taiwan as part of its territory, but Taiwan’s de facto independence challenges this claim. The article examines the conflict between China’s One-China Policy and Taiwan’s right to selfdetermination, analysing Taiwan’s statehood under the Montevideo Convention despite limited recognition. The principle of non-intervention and China’s potential use of force are assessed under the United Nations Charter, including the involvement of third parties such as the United States and Japan. The viability of legal arbitration is discussed, noting China’s reluctance, while Article 51 on self-defence is explored in the context of military escalation and international peacekeeping.- Reproduced

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