Asia

Taiwan

Although China’s ambition to gain control of Taiwan is clear, doing so through force would prove enormously difficult and costly.
Jun 12, 2024
Although China’s ambition to gain control of Taiwan is clear, doing so through force would prove enormously difficult and costly.
Jun 12, 2024
  • China
    The Ukraine War, China, and Taiwan            
    What lessons will Xi Jinping learn from the war in Ukraine?
  • China
    Why China Is Struggling to Deal With Russia’s War in Ukraine
    China is one of Russia’s closest partners, but supporting the invasion of Ukraine would seriously damage Beijing’s ties with wealthy democracies and alienate Chinese citizens who oppose the invasion.
  • China
    Putin’s Aggression Against Ukraine Deals a Blow to China’s Hopes for Taiwan
    China’s support for Russia risks working against its desire to bring Taiwan under its control.
  • China
    A Conversation With Representative Ami Bera
    Play
    Representative Ami Bera discusses Congressional views on U.S. policies toward the Indo-Pacific, including the unfolding situations in Afghanistan and Myanmar, U.S. engagement with regional actors, as well as other foreign policy priorities in the region for the House Foreign Affairs Subcommittee on Asia and the Pacific.
  • International Law
    Legal Principles Matter in Defense of Democracies
    Legal principles matter as two major democracies—Taiwan and Ukraine—are threatened by superpower neighbors. Whether one argues about Taiwan’s status as a country or a province of China, it is a vibrant democracy of 23.5 million people.  Whether one argues about Ukraine’s independence or historical fealty to Russian influence, it too is a democracy, flawed with corruption but a forward-looking society of 44.1 million citizens dedicated to representative governance.                Statesmen and commentators rarely use potent legal terms for what is at stake in the survival of these democracies:  sovereignty, aggression, and collective self-defense.  These are bedrock principles of international law and we should employ them more often.  There is understandable focus on diplomacy, military capabilities, and whether the United States has a self-defense obligation towards Ukraine or Taiwan.  But we must not lose sight of fundamental violations and rights under the law.               “Sovereignty” is clearly at stake for Ukraine and pragmatically relevant for Taiwan.  Ukraine achieved its full modern independence in 1991 as the Soviet Union broke up.  Ukraine actually has held membership in the United Nations since 1945 with the safeguards and privileges that nations should enjoy under the UN Charter.  This includes Ukraine’s legal right not to have its international borders violated by Russian troops.             Taiwan’s status is more complicated in light of post-World War II claims between Beijing and Taipei as to the de jure governance of mainland China and the island of Taiwan. For all practical purposes, the Taipei government no longer lays claim to the mainland while Beijing continues to insist on its legal authority over Taiwan.  The People’s Republic of China has held the only Chinese seat in the United Nations since 1971, when its occupancy switched from the government lodged in Taipei to the Communist regime in Beijing.               But a cardinal rule applied by the United States to the dispute over Taiwan is that governance must ultimately be resolved peacefully, respecting the will of the people of Taiwan, and not by force of arms, an objective reinforced by UN Charter principles.  That the sovereignty of Taiwan may be contested does not deprive it of protection under the law, particularly with its unique circumstances.  Rather, it defines a legal dispute to be resolved peacefully.  In the meantime, while Taiwan has no legitimate right to aggressively invade mainland China, neither does Communist China have any international legal right to aggressively invade democratically-governed Taiwan.             Any sovereign nation, like Ukraine and for all practical purposes Taiwan, has the “inherent” right to seek the help—military or otherwise—of another nation when it becomes the target of an aggressor force, whether aggression by another nation’s armed forces or by insurgents and shadow militia who cross onto the territory of the victim state.  That right is built into Article 51 of the UN Charter and is only superseded by collective measures approved by the UN Security Council, assuming none of the permanent members of the Council—China, France, Russia, United Kingdom, and United States—veto any resolution challenging the self-defense actions.               The default principle thus remains the inherent right of collective self-defense.  This rule of customary international law was employed during World Wars I and II against aggressive empires and, codified in the UN Charter, to liberate Kuwait following Iraqi aggression in 1990.               The foremost purpose of the UN Charter is to “to take effective collective measures…for the suppression of acts of aggression…”  Russian President Vladimir Putin appears to seek the resurrection of Soviet-era control over Ukraine and concocts fears about a military threat from Ukraine.  But Putin already has confirmed Russia as an aggressor nation in its illegal annexation of Crimea in 2014.  To his credit, Secretary of State Antony Blinken recently described countering “Russian aggression against Ukraine.”  If Russia were to invade Ukraine afresh, as feared with the massive military build-up on Russia’s border with eastern Ukraine, two cardinal international law principles would be egregiously violated: the sovereignty of international borders and the prohibition of aggression.             This means that while the United States and other NATO countries, for example, have no legal obligation to come to Ukraine’s defense if Russia invades, these military powers have full authority to respond to a Ukrainian request for assistance, including armed force. So, while the collective self-defense obligation of Article 5 of the NATO treaty does not embrace non-NATO Ukraine, the inherent right of collective self-defense under international law and the UN Charter applies.  The allied governments of NATO should unequivocally signal that they do not shy away from inherent collective self-defense of Ukraine or any other nation invaded by an aggressor state.  Otherwise, Putin may miscalculate that the absence of a treaty obligation for self-defense deprives the United States and its allies of a strong legal basis for coming to Ukraine’s aid.             The principle of collective self-defense also applies to the protection of Taiwan from Chinese aggression, a point not lost on such East Asian neighbors as Japan and Australia.  The Taiwan Relations Act confirms U.S. resolve to honor collective self-defense for Taiwan with military aid and, if there is any danger to U.S. interests arising “from any threat to the security or the social or economic system of the people on Taiwan,” with a decision by the President and Congress about the appropriate responsive action.             If no government responds with effective military support to Kiev’s plea of inherent collective self-defense in the face of renewed aggression by Russia, then Moscow not only might conquer and occupy the sovereign and democratic nation of Ukraine, Putin would impale the UN Charter.  A similar outcome would arise if powerful nations stood aside in the face of a Chinese invasion of Taiwan, delivering a fatal blow to the rules-based order heralded by the Biden Administration.
  • China
    The United States and Japan Should Prepare for Chinese Aggression Against Taiwan
    Questions of how the United States should address the issue of China and Taiwan have moved to the center of the U.S. foreign policy debate.
  • Taiwan
    Enhancing U.S.-Japan Coordination for a Taiwan Conflict
    How well the United States and Japan are able to deter an attack on Taiwan and respond jointly and effectively to Chinese aggression if deterrence fails could determine Asia’s future, as well as their own.
  • China
    Young Professionals Briefing: Navigating Increasing Tensions Between China and Taiwan
    Play
    Panelists discuss the state of China-Taiwan relations, U.S. interests in the Taiwan Strait, and the potential for increased tensions to escalate into open conflict. The CFR Young Professionals Briefing Series provides an opportunity for those early in their careers to engage with CFR. The briefings feature remarks by experts on critical global issues and lessons learned in their careers. These events are intended for individuals who have completed their undergraduate studies and have not yet reached the age of thirty to be eligible for CFR term membership.
  • China
    The World According to China
    This compelling book reveals China’s ambitious new strategy to reclaim the country’s past glory and reshape the geostrategic landscape in dramatic new ways.