查： Under international law

Under international law, the status of Taiwan (officially the Republic of China, ROC) is complex and disputed, with several key legal and political dimensions:

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1. Sovereignty and Recognition

• People’s Republic of China (PRC) claims Taiwan as part of its territory, under the principle of “One China”, asserting that there is only one China and that Taiwan is an inalienable part of it.

• The Republic of China (ROC) government, which retreated to Taiwan in 1949 after losing the Chinese Civil War, continues to govern Taiwan independently — with its own constitution, military, and democratic system.

• Most countries (including the U.S.) do not formally recognize Taiwan as a sovereign state, but maintain unofficial relations and treat it as a self-governing entity in practice.

• As of 2025, only about a dozen small nations have formal diplomatic ties with the ROC.

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? 2. United Nations Position

• In 1971, UN General Assembly Resolution 2758 transferred China’s UN seat from the ROC to the PRC.

• The UN and its agencies therefore recognize the PRC as the “only legitimate representative of China” and do not treat Taiwan as a separate member state.

• Taiwan is excluded from the UN and most international organizations that require statehood for membership (like WHO, ICAO).

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? 3. De Facto vs. De Jure

• De facto (in practice): Taiwan operates as a fully self-governing state — with its own government, military, borders, and economy.

• De jure (in law): Most of the international community does not legally recognize Taiwan as an independent country, due to the One China policy.

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4. International Law Principles

Under international law, the Montevideo Convention (1933) defines a state as having:

1. A permanent population

2. A defined territory

3. A government

4. The capacity to enter into relations with other states

By those criteria, Taiwan qualifies as a state — but lacks widespread recognition, which affects its legal status internationally.

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5. U.S. and Allies’ Position

• The U.S. acknowledges (but does not endorse) Beijing’s claim that Taiwan is part of China.

• The Taiwan Relations Act (1979) allows the U.S. to maintain unofficial relations and defensive support to Taiwan.

• Many Western countries follow similar “strategic ambiguity” — recognizing the PRC but supporting Taiwan’s self-governance and participation in global trade (e.g., through the WTO, APEC).

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? 6. Summary

Aspect	International Law View
Sovereignty Claim	PRC claims Taiwan as part of China
Actual Control	ROC governs Taiwan independently
UN Membership	Held by PRC, not Taiwan
International Recognition	Limited formal recognition; broad informal support
Legal Gray Zone	Taiwan is a de facto state but de jure unrecognized by most