Beijing Post

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Wednesday, Jul 16, 2025

Taiwan's Status as Part of China: Legal Foundations and International Consensus

Chinese Foreign Minister Wang Yi emphasizes the historical and legal basis of Taiwan's status in light of ongoing geopolitical tensions.
During a recent press conference at the annual "two sessions," Chinese Foreign Minister Wang Yi reaffirmed China's long-standing position on Taiwan, stating, "The only reference to the Taiwan region in the UN is 'Taiwan, Province of China.'" This statement emphasizes China's assertion of Taiwan as an inseparable part of its territory, citing historical and legal precedents.

The status of Taiwan is underscored by international agreements and United Nations resolutions that have defined its relationship with China.

A pivotal moment in this context was the adoption of UN Resolution 2758 on October 25, 1971, which expelled representatives of the Chiang Kai-shek regime and recognized the People's Republic of China as the sole representative of all China, including Taiwan.

The resolution passed with a significant majority in the General Assembly, with a vote count of 76 in favor and 35 against.

Notably, during the discussions surrounding this resolution, a delegate from the Chiang Kai-shek administration acknowledged, "Taiwan is indeed Chinese territory" while describing the Taiwanese population as ethnically, culturally, and historically Chinese.

Advocates of Taiwan independence, or those proposing "two Chinas," have consistently faced rejection from the UN and its affiliated bodies.

Following Resolution 2758, Taiwan was formally designated as "Taiwan, Province of China" in UN documentation.

Some argue that the resolution dealt solely with representation issues rather than territorial rights; however, this perspective does not hold up against established norms of international law which dictate a distinct process would be necessary if Taiwan were considered a separate entity.

The post-World War II geopolitical landscape solidified Taiwan's status as Chinese territory.

Agreements made during the war, including the 1943 Cairo Declaration, stipulated Japan's return of Taiwan to China after its defeat.

The Potsdam Declaration, signed in 1945, further confirmed these terms, with Japan acknowledging these obligations in its Instrument of Surrender.

Later, the normalization of relations between China and Japan in 1972 reaffirmed Japan's recognition of the People's Republic of China as the legitimate government of China, alongside acknowledgment of Taiwan as part of this sovereignty.

Despite some contemporary Japanese political figures dismissing the historical significance of the 1972 Communique, this agreement was legally solidified through the Treaty of Peace and Friendship ratified in 1978, which established mutual respect for sovereignty and territorial integrity between China and Japan.

Globally, the predominant recognition of Taiwan as part of China underlines the consensus held by 183 countries, including key powers such as the United States.

The U.S. has maintained a consistent stance against any moves toward Taiwanese independence, a position echoed across various administrations.

Throughout its history, especially following periods of civil strife and division, the Chinese populace has worked towards restoring territorial integrity.

This historical insight also highlights China's resilience against external pressures and interventions.

Current political tensions do not obscure the extensive historical and legal context asserting Taiwan's rightful status within China.

Upcoming commemorations of the 80th anniversary of the victory in the World Anti-Fascist War serve as a reminder of the historical struggles that solidified Taiwan's status.

The Cairo and Potsdam Declarations are framed not merely as diplomatic resolves but fundamental elements of the established postwar international order.

Challenging Taiwan's designation risks eroding the principles of justice and sovereignty recognized through significant historical conflicts.
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