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94 Am. J. Int'l L. 453 (2000)
Resolving Cross-Strait Relations between China and Taiwan

handle is hein.journals/ajil94 and id is 467 raw text is: RESOLVING CROSS-STRAIT RELATIONS BETWEEN CHINA AND TAIWAN By Jonathan I. Charney andJ R. V Prescott* Much has been written about the legal relationship between China and Taiwan. The dis- cussion often focuses on whether the People's Republic of China (PRC) or the Republic of China (ROC) is the government of China or what entity has territorial sovereignty over Taiwan.1 It is hard to find definitive answers to these questions. This article seeks to re- examine aspects of the issues in the light of the relevant historical facts and contemporary international law. Although no conclusive answers are possible, this study attempts to open new perspectives that could facilitate the development of a solution acceptable to all interested parties. I. HISTORY OF CHINESE SOVEREIGNTY OVER TAiWAN The history of China's relations with Taiwan has been well explored, but the legal and political issues cannot be put into context without a brief account of the salient facts.2 Beginning in 1386, the Pescadore Islands, which lie twenty-five nautical miles off the west coast of Taiwan, were considered part of China. Taiwan, however, was not included in the Chinese Empire.5John Robert Shepherd has explored the anomaly that Taiwan, which is comparatively large and close to the Chinese mainland, was rarely mentioned in contem- porary Chinese archives that referred to trade with Southeast AsiaJapan, and the Ryukyu Islands.4 He concludes that the island did not attract traders because it lacked valuable exports and a domestic market for imports.' In addition, some of the island's populace were headhunters.6 Co-Editor in Chief; and Honorary Professor, Departmentof Geography, University of Melbourne; respectively. Research assistance to Professor Charneywas provided by Hewson Chen,J.D. Vanderbilt, 2001. An earlierversion of this article was prepared for a meeting entitled Rethinking the Cross-Strait Relationship (Feb. 10-13, 2000), sponsored by the Rockefeller Brothers Fund, the Council on Foreign Relations, and the United States Institute of Peace. For the purposes of this article, the term Taiwan refers to the island of Formosa and its associated islands. 5See generally Hans Kuijper, Is Taiwan a Part of China? in THE INTERNATIONAL STATUS OF TAIWAN IN THE NEW WORLD ORDER 9 (Jean-Marie Henckaerts ed., 1996) [hereinafter INTERNATIONAL STATUS OF TAIvAN]; JOHN ROBERT SHEPHERD, STATEcRAFTAND POLITICALECONOMYONTHETAIWAN FRONTIER, 1600-1800 (1993); WILLIAM CAMPBELL, FORMOSA UNDER THE DUTCH (Southern Materials Center 1987) (1903); JOHN KING FAIRBANK, THE GREAT CHINESEREvOLUTION, 1800-1985 (1986); COLIN MACKERRAS, MODERN CHINA:A CHRONOLOGYFRoM 1842 TOTHEPRESENT (1982); FREDERICWAKEMAN,JR., THEFALL OFIMPERIAL CHINA (1975); LLOYDE. EASTMAN, THRONE AND MANDARINS: CHINA'SSEARCH FORAPOLCYDURINGTHE SINO-FRENCH CONTROVERSY, 1880-1885 (1967); W. G. GODDARD, FORMOSA: ASTUDYIN CHINESE HISTORY (1966); GEORGE H. KERR, FORMOSA BETRAYED (1965); SOPHIA SU-FEIYEN, TAIWAN IN CHINA'S FOREIGN RELATIONS, 1836-1874 (1965); Ling Shun-sheng, People oftheAncientMin- Yueh and the Native Tribes of Taiwan, in 1 COLLECTED ESSAYS ONTHE CULTURE OFTAIWAN 1 (Lin Hsiung-hsiang ed., 1954) ;JOSEPH W. BALLANTINE, FORMOSA: A PROBLEM FOR UNITED STATES FOREIGN POLICY (1952); Ludwig Reiss, Geschichte derlnselFormosa [History of the Island of Formosa], 6 MrlTEILUNGENDERDEuTSCHEN GESELLSCHAFrFOR NATUR- UND V6LKERKUNDE OSTASIENs 405 (1897). 3 SeeYEN, supra note 2, at 4; SHEPHERD, supra note 2, at 6-7. 4 SHEPHERD, supra note 2, at 6-7. 5Id. 6 See id.