State of Taiwan

Werner Somers (1974) holds a PhD in international law from the Open University of the Netherlands as well as a MA (Germanic philology) from Ghent University. He is working as a lawyer-linguist at the Court of Justice of the EU.

• PrefaceAcknowledgementsList of FiguresPart 1: Introduction, Historical Background, and Views on the Status of Taiwan1 Introduction: Description and Topicality of the Problem2 Historical Background of the Taiwan Issue3 Views on the International Legal Status of TaiwanPart 2: Relevant International Legal Conceptual Framework4 The State: Importance of a Definition and History of Formation5 The Montevideo Criteria for Statehood6 Sovereignty and Independence7 Additional Criteria for Statehood8 Modes of Acquisition of Territory and Special Territorial RegimesPart 3: International Legal Status of TaiwanSection 1: The International Legal Status of Taiwan: Part of the “State of China” or Condominium of the Allies9 Taiwan as Part of the “State of China” or a Condominium?Section 2: The International Legal Status of Taiwan: Independent State10 Does the Taipei-based Republic of China Have a Defined Territory and a Permanent Population?11 Does the Taipei-based Republic of China Have an Effective Government?12 Does the Taipei-based Republic of China Have the Capacity to Enter into Relations with Other States?13 Is the Taipei-based Republic of China a Sovereign Entity Whose Origin Is Not Illegal?14 The Taipei-based Republic of China and the Will to StatehoodPart 4: Conclusions and Final Remarks15 Pseudomorphosis of Sovereign Taiwan after the Historical Republic of China (1912–1949)Epilogue: From International Law to International Relations and Geopolitics. Taiwan, Strategic Clarity and the Cohesion of the Democratic WorldBibliographyCited Case LawIndex