The legal status of Taiwan and the legality of the use of force in a cross-Taiwan strait conflict

The legal status of Taiwan remains one of the most important concerns in international relations, as the continual political tensions have the potential of generating armed conflicts, not only across the Taiwan Strait but also between the People's Republic of China government and the United States, and of destabilizing the security in the Asia-Pacific region and the international community. This article examines on the basis of international law whether Taiwan has a valid claim to statehood. The implications of relevant peace treaties, the issue of foreign recognition of States and governments, the nature and extent of the right to self-determination, and the permissibility of the use of force under the right of self-defense and the notion of humanitarian intervention in relation to the Taiwan question are discussed.