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32 Fla. J. Int'l L. 101 (2020-2021)
Defending Taiwan: Collective Self-Defense of a Contested State

handle is hein.journals/fjil32 and id is 107 raw text is: DEFENDING TAIWAN: COLLECTIVE SELF-DEFENSE OF A CONTESTED STATE Major Ryan M Fisher* China's bold threats of war against Taiwan draw increasing attention to the unsettled nature of Taiwan's status in international law. Although Taiwan exhibits many, if not all, of the characteristics of recognized states, it has failed to gain widespread state recognition in the international community. Without statehood, the security of Taiwan faces considerable risk because its right to self-defense under international law is contested. Highlighting this legal ambiguity, the People's Republic of China (P.R.C.) declares that Taiwan must be reunited with Mainland China-even if it requires the use of force. This Article develops the historical and legal relationship between Taiwan and Mainland China and explains the conditions required for Taiwan to lawfully receive collective self-defense, most particularly from the United States. It develops the conditions required by examining the following principles of international law: state recognition, the right to self-determination and secession, the prohibition on the use of force, and national and collective self-defense. Although this Article explains Taiwan already enjoys nearly every aspect of formal state recognition, and thus should receive all the rights and obligations of widely accepted states, it ultimately argues that international law permits third-party states to exercise collective self- defense of Taiwan only if third-party states first formally recognize Taiwan's independence. INTRODUCTION .....................................................................................102 I. HISTORY OF THE SOVEREIGNTY OF TAIWAN...........................104 A. First Period: The Emergence of China's Influence Over Taiwan ...................................................................104 B. Second Period: Development of the R.O.C., P.R.C., and the Chinese Civil War..............................................105 * Judge Advocate, U.S. Air Force. Presently assigned as an associate professor at The Judge Advocate General's Legal Center and School, United States Army, Charlottesville, VA. LL.M, 2020, in Military Law with a National Security Law Emphasis, The Judge Advocate General's Legal Center and School. J.D., 2013, J. Reuben Clark Law School at Brigham Young University; B.A., 2009, in both Economics and Chinese, Brigham Young University. Previous assignments include Chief of Legal Assistance and Non-judicial Punishment at Mountain Home AFB, ID, 2013-2016; Rule of Law Advisor, Bagram Airfield, Afghanistan, 2015-2016; Chief of Civil Law, Litigation, and Military Justice at Kadena AB, Okinawa, Japan, 2016-2019; Deputy Staff Judge Advocate, Joint Special Operations Command, 2017. Member of the bar of Utah. The views expressed in this Article belong to the author alone and do not represent the U.S. Department of Defense, the Department of the Air Force, the Department of the Army, the Judge Advocate General's Legal Center and School, or any part of the U.S. government. 101

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