The Status of Taiwan and Its Right to Collective Self-Defense

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ID: 317885
2026
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Abstract
Abstract This chapter addresses two questions: What is the status of Taiwan under international law, and what collective self-defense rights does international law afford Taiwan’s government? It concludes that the government in Taipei effectively governs a defined population, possesses exclusive authority in a defined territory, and has the capacity to engage in international relations. Therefore, Taiwan meets all the requirements of a declarative State. However, Taiwan’s government falls short of the required international recognition necessary to meet the requirements of a constitutive State. As such, Taiwan’s government is not independently admitted to the United Nations and cannot claim collective self-defense rights under the UN Charter. However, customary international law recognizes an inherent right of self-defense for long-standing, effectively governed declarative States such as Taiwan, and therefore States that have not explicitly accepted Beijing’s sovereignty over Taiwan may assist in its defense if attacked.
Reference Key
openalex_W7165132464 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Peter Dutton
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oso/9780197844540.003.0015
URL
https://doi.org/10.1093/oso/9780197844540.003.0015
Keywords Keywords not found

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