Abstract
This article examines four possible interconnected legal arguments that can be used by the United States and its allies and partners to justify the defense of Taiwan in the event of a Chinese invasion of the island. First, the United States could recognize Taiwan as an independent nation. Second, the three joint communiqués between the United States and China are premised on an understanding that the Taiwan issue will be resolved by “peaceful” means. A Chinese invasion of Taiwan would certainly breech that understanding and allow the United States to recognize Taiwan as a sovereign State. Third, a Chinese invasion of Taiwan would constitute a concrete threat to the peace and security of the Western Pacific. States could therefore act in collective self-defense of Taiwan until the Security Council takes the “measures necessary to maintain international peace and security.” The Taiwan Relations Act cautions that any effort to determine the future of Taiwan by “other than peaceful means,” would be considered a threat to the peace and security of the Western Pacific area and of “grave concern” to the United States. Finally, the United States and its allies and partners could intervene to protect their nationals living in Taiwan.
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