About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (April 6, 2022)

handle is hein.crs/govehgx0001 and id is 1 raw text is: Congressional Research Service
informing the iegislative debatw since 1914
Taiwan: Political and Security Issues

Updated April 6, 2022

Taiwan, which officially calls itself the Republic of China
(ROC), is a democracy of 23.5 million people located
across the Taiwan Strait from mainland China. Its
government claims effective jurisdiction over the island
of Taiwan, the archipelagos of Penghu, Kinmen, and Matsu,
and some smaller islands. It also claims disputed islands in
the East and South China Seas. U.S.-Taiwan relations have
been unofficial since January 1, 1979, when the Carter
Administration established diplomatic relations with the
People's Republic of China (PRC, or China) and broke
diplomatic ties with self-ruled Taiwan, over which the PRC
claims sovereignty. The 1979 Taiwan Relations Act (TRA,
P.L. 96-8; 22 U.S.C. §§3301 et seq.) provides a legal basis
for this unofficial bilateral relationship. See also CRS In
Focus IF10256, U.S.-Taiwan Trade Relations.
Modern History and Current Events
In 1949, after losing a civil war on mainland China to the
Communist Party of China (CPC), the ROC's then-ruling
party, the Kuomintang (KMT), moved the ROC
government to Taiwan. The KMT continued to assert that
the ROC was the sole legitimate government of all China
until 1991. In 1971, U.N. General Assembly Resolution
2758 recognized the PRC's representatives as the only
legitimate representatives of China to the United Nations,
and expelled the representatives of Chiang Kai-shek, the
ROC's then-leader. Taiwan remains outside the U.N. today.

Figure I. Taiwan

Sources: Graphic by CRS. Map generated by Hannah Fischer using
data from NGA (2017); DoS (2015); Esri (2014); DeLorme (2014).
The KMT maintained authoritarian one-party rule on
Taiwan until 1987, when it yielded to public pressure for
political liberalization. The May 2016 inauguration of
current President Tsai Ing-wen of the Democratic

Progressive Party (DPP) marked Taiwan's third peaceful
transfer of political power from one party to another. In
2020, Tsai won a second four-year term and her party
retained its majority in Taiwan's parliament, the Legislative
Yuan. In her October 10, 2021, National Day address, Tsai
called on Taiwan's people to renew four commitments: to
a free and democratic constitutional system, that Taiwan
and the PRC should not be subordinate to each other, to
resist annexation or encroachment upon our sovereignty,
and that Taiwan's future must be decided in accordance
with the will of the Taiwanese people.
US. Commitments Related to Taiwan
The PRC seeks to enforce a one China principle, which
defines Taiwan as part of China, and the PRC as the sole
legal government representing China. The United States
adheres to its own one-China policy, guided by: the TRA;
U.S.-PRC joint communiquds concluded in 1972, 1978, and
1982; and Six Assurances that President Ronald Reagan
communicated to Taiwan in 1982. The U.S. government's
long-standing position has been that Taiwan's political
status remains unresolved.
Key provisions of the TRA include the following:
* Relations with Taiwan shall be carried out through the
American Institute in Taiwan (AIT), a private
corporation. (AIT Taipei performs many of the same
functions as U.S. embassies elsewhere.)
* The United States will make available to Taiwan such
defense articles and defense services in such quantity as
may be necessary to enable Taiwan to maintain a
sufficient self-defense capability.
* The President is directed to inform the Congress
promptly of any threat to the security or the social or
economic system of the people on Taiwan and any
danger to the interests of the United States arising
therefrom. The President and the Congress shall
determine, ... appropriate action by the United States in
response to any such danger.
In the communiques, the United States recognized the PRC
government as the sole legal government of China;
acknowledged, but did not endorse, the Chinese position
that there is but one China and Taiwan is part of China;
and pledged to maintain only unofficial relations with
Taiwan. The 1982 Six Assurances include assurances that
in negotiating the 1982 U.S.-PRC communiqud, the United
States did not agree to consult with the PRC on arms sales
to Taiwan, set a date for ending such arms sales, or take
any position regarding sovereignty over Taiwan. President
Joseph R. Biden, Jr. has at times sent mixed messages about
his view of Taiwan's political status.
The TRA does not require the United States to defend
Taiwan, but states that it is U.S. policy to maintain the
capacity to do so, creating strategic ambiguity about U.S.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most