Wednesday, July 16, 2014

U.S. Policy and International Law: Taiwan's Friend

Fellow Ohio native (and suffering Browns fan) Michael Turton and myself teamed up to pen an article  in  the Diplomat to refute Julian Ku's claim that an American-Japanese defense of Taiwan in the case of a Chinese military attack would be against international law.  Mr. Turton and myself decided to use controversial tactics--reason, facts, precedent, and yes international law to make our case. 

Julian Ku’s two recent pieces in The Diplomat contending that a PRC invasion of Taiwan would be legal and that the U.S. and Japan both recognize that Taiwan is part of China betray a shocking lack of understanding of U.S. policy on Taiwan and its international status. Ku asserts:
“I get that this is a complicated issue, but I don’t think I am ‘misreading’ historical documents when I write that 1) the U.S. recognizes the PRC as the government of China and that the U.S. accepts that Taiwan is part of China, and 2) Japan recognizes the PRC as the government of China (see the 1972 Joint Communique), and Japan accepts that Taiwan is a part of China. Sure, neither country recognizes that Taiwan is a part of the PRC, but both the U.S. and Japan have made clear that China is a single legal entity that includes Taiwan, and that the PRC is the sole government in charge of this entity.”
Actually, this is not a complex issue; it is a simple issue: the U.S. does not recognize that Taiwan is part of China. Any version of China. Rather, the U.S. position is that the status of Taiwan has yet to be determined. It has been that way for more than six decades. 
 The initial post that began  the debate is available here, and follow-ups in the debate can be found herehere and here.

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