Status Republiki Chińskiej na Tajwanie w świetle prawa międzynarodowego

The legal status of the Republic of China (ROC) on Taiwan remains a complex issue in international law. This article examines the ROC’s statehood criteria under the Montevideo Convention, addressing Taiwan’s population, territory, governance, and capacity for foreign relations. Taiwan exhibits features of statehood, including a permanent population, a defined territory, and an effective government. However, its international recognition is limited, with only 12 states acknowledging the ROC as of 2025. Taiwan’s legal status is further complicated by historical treaties, such as the Treaty of San Francisco, which left Taiwan’s sovereignty unresolved, and the United Nations Resolution 2758, recognizing the People’s Republic of China as the sole representative of China. While Taiwan operates as a de facto regime with distinct administrative functions and significant international influence, particularly in technology and East Asian security, it has not declared independence from China. Legal scholars debate Taiwan’s position, with opinions ranging from a sui generis entity to a non-sovereign legal personality. This ambiguous status underscores the intricate interplay between international law and politics. The article concludes that while Taiwan fulfills many elements of statehood, its lack of broad recognition and self-declaration of independence preclude it from being classified as a state under international law.