The Legal Status of the Republic of China (Taiwan) and Its Reflection in International Administrative Law

The Republic of China (Taiwan) controls a compact territory, with inhabitants settled there possessing Taiwanese citizenship. At the same time, it established its own legal framework and enforces this framework by its own judicial and administrative structures. The fact is, however, that only eleven member states of the United Nations and the Holy See maintain full diplomatic relations with Taiwan as a sovereign state. The problem, as discussed very recently in international private law, arises in those states which maintain no diplomatic relations with it. This discussion also has relevance for the field of administrative law. Taiwan maintains its own administration, applying its own law vis-á-vis its own citizens. Consequently, the question arises whether the laws of this nation’s administrative laws have any effect in those states which do not maintain diplomatic relations. In this respect, this article argues for a ‘special status’ for the law of Taiwan in their relations with international administrative law. In strict contrast to other non-recognised entities, Taiwan neither exists in a kind of “legal limbo”, nor under an international boycott. Despite the absence of diplomatic recognition, the presence of cooperation and trust vis-á-vis the Taiwanese administration allows the application of its laws in certain specific cases. At the same time, however, the quasi-independent status of this entity also implies certain restrictions concerning the status of Taiwanese citizens.