Peacefully Established Status of Territories: Origin, Definition, and Its Implications to Taiwan Strait

Jen-Yi Lin, Yun-Sheng Lin, Ching-Fu Lin & Chien-Huei Wu
Vol. 31
December 2024
Page 53

The People’s Republic of China launched military maneuvers around Taiwan on May 23 and 24, 2024, following the inauguration of Taiwan’s new President Lai Ching-te on May 20, reminding the world that Taiwan is a focal point of geopolitical tension. While diplomatic dialogue may mitigate the chances that conflict will lead to the use of force and a hot war, disputes over Taiwan’s sovereignty and statehood pose serious challenges to the international community’s efforts to establish robust deterrence capabilities under the existing international law framework. This highlights the need to develop strategies conducive to the maintenance of peace.

This article explores and addresses a question raised by the joint communiqués of the Group of Seven in 2023 regarding the “peacefully established status of territories” and how this concept contributes to peace and stability across the Taiwan Strait. This article begins with the historical origins and evolution of Taiwan’s sovereignty, statehood, and disputes thereof, aiming to underscore the significance of the Taiwan issue for global peace. In the second section, the article attempts to define the status of peacefully established territories and elaborates on the close connection between this status and the peace and security of the international community. The article argues that maintenance of the peacefully established status of territories is in the common interest to the international community, and that the world has an obligation to safeguard that status under international law. Lastly, to realize these rights and obligations, this article systematically reviews policy tools for maintaining peace and security across the Taiwan Strait and illustrates the measures available to the international community to uphold the peacefully established status of territories, including deterrence, responses, and accountability before, during, and after armed conflict in the Taiwan Strait.

Keywords: Taiwan, Peacefully Established Status of Territories, the Group of Seven, Sovereignty, Statehood, Deterrence, One China Policy, Freedom of Navigation, Countermeasures, Collective Self-defense, International Criminal Court

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