๑ j e n i 杰米妮๑ ｡

Written by Jason Lee. Translated and edited by Anita Lee.

The People's Republic of China was only established as a country on 1st October 1949. At the same time, Taiwan was colonized by Japan since 1985 and every Taiwanese held Japanese citizenship until after the fall of Japan in WWII and subsequently gave up rule over Taiwan on 28th April 1952. Since 1985 to the present day, the People's Republic of China has never held sovereignty or any kind of rule over Taiwan. The argument that Taiwan is a part of China is totally baseless and legally incorrect under International Law. To say that Taiwan is part of China’s territory is untrue. It simply goes against logic that China needs to seek reassurance from other countries in the international community to explicitly state that Taiwan is a part of China when only what China has to do is to establish any evidence of rule or sovereignty in Taiwan. The fact is that Taiwan is a democratic, self-governing country which has never been a part of China.

The convention sets out the definition, rights and duties of statehood. Most well-known is article 1, which sets out the four criteria for statehood that have sometimes been recognized as an accurate statement of customary international law.




主權國家(State)四要件: 人民(國民/公民), 土地(領土), 政府(治權), 主權 (自主之權/國際人格權)

1933年簽訂的蒙特維多公約（Montevideo Convention）經常被引述，
這份公約的第一項條文聲明：
The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.

在國際法上的國家實體應該必須擁有以下條件：
（a）國民 / 定居的人口；
（b）領土 / 既定的國界；
（c）政府 / 遂行政權跟治權的機關；
（d）主權 / 與其他 國家 發展關係的能力。



Further reference from Wikipedia:

The Montevideo Convention on the Rights and Duties of States was a treaty (which was later accepted as part of customary international law) signed at Montevideo, Uruguay, on December 26, 1933, at the Seventh International Conference of American States.

The state as a person of international law should possess the following qualifications:
(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.

Furthermore, the first sentence of article 3 explicitly states that "The political existence of the state is independent of recognition by the other states." This is known as the declarative theory of statehood.