A Politico-Legal Toolkit to Respond to a Taiwan Straits Conflict under a UN Framework

Published February 15, 2024

This Takshashila Discussion Document proposes a toolkit of politico-legal options available under UN auspices for countries to respond to a conflict in the Taiwan Straits.

Executive Summary

• The Taiwan question, referring to the status of the island of Taiwan or ‘Republic of China’, has been a source of political contestation since the founding of the People’s Republic of China (PRC) in 1949. This discussion document explores the grounds for Taiwan’s right of self-defence tied with its ability to exercise sovereignty under United Nations-led legal frameworks, in a conflict scenario in the Taiwan Straits. Such an exploration looks at the recent history of the ‘One China’ principle and arguments on the status of the Republic of China, as well as the United Nations’ and United States’ policies on the issue.

• Further, the document proposes a toolkit of options available to States under UN auspices to respond to such a conflict scenario based on historical stances and contemporary international legal ambiguities and frameworks.

• The goal behind proposing such a toolkit is to explain the significance of multilateral law to achieve peace and stability in the Straits, especially when the benefits of its use may supersede unilateral, bilateral or minilateral efforts against a particular party (in this case, the People’s Republic of China).

• The suggestions of the document are broad and applicable to most countries willing to act under a UN-led international legal framework to mobilise support for Taiwan (whether or not they recognise it). The politico-legal recourses hence discussed are foreign policy agnostic but diplomatic prowess-dependent.

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