AN UNRECOGNIZED STATE IN FOREIGN AND INTERNATIONAL COURTS: THE CASE OF THE REPUBLIC OF CHINA ON TAIWAN
Bibliographic record
Abstract
This Article provides a comparative analysis of the status of the Republic of China on Taiwan in foreign and international settings. Most existing literature written from the traditional public international law perspective focuses on Taiwan's separate statehood from China. This Article addresses an important pragmatic issue that international courts and courts in foreign countries frequently face: whether Taiwan is a "foreign State" for particular salutatory purposes in judicial proceedings. Part I of this Article provides an overview of China-Taiwan relations and the status of Taiwan under international law. I argue that the ROC on Taiwan has been a sovereign State since its creation in 1912 and was never "succeeded" by the PRC, which was established in 1949. By my analysis, both the ROC and the PRC are equal entities in the "divided China"; neither side belongs to the other. Part II examines the decisions of domestic courts that have addressed the status of Taiwan in the United States, Canada, the United Kingdom, and Japan. In these countries (which do not recognize Taiwan as an autonomous entity, but nonetheless maintain substantial "non-official" ties with it), domestic courts have employed various devices to ensure the State-like status of Taiwan, thus safeguarding the country's interests and allowing continued economic and diplomatic relations with the ROC. Consequently, judicial recognition of Taiwan's existence as a State has risen to the level of customary international law. Part III explores the possibility of Taiwan bringing suit as a "State" before the International Court of Justice, as a "fishing entity" before the International Tribunal for the Law of the Sea, and as a "separate customs territory" in the dispute resolution mechanism of the World Trade Organization. This Article concludes that to avoid creating a global judicial "black hole," it is both necessary and pragmatic to officially deem Taiwan a State in judicial proceedings of any kind.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.011 | 0.011 |
| Scholarly communication | 0.010 | 0.003 |
| Open science | 0.001 | 0.005 |
| Research integrity | 0.006 | 0.006 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".