Stefan Talmon
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199248391
- eISBN:
- 9780191715334
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199248391.003.0003
- Subject:
- Law, Public International Law
Like ‘recognition’, the terms ‘de facto recognition’, ‘diplomatic recognition’, and ‘de jure recognition’ can be given meaning by establishing the intention of the authority using them within the ...
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Like ‘recognition’, the terms ‘de facto recognition’, ‘diplomatic recognition’, and ‘de jure recognition’ can be given meaning by establishing the intention of the authority using them within the factual and legal context of each individual case. The meaning of de facto and de jure recognition as well as of the other variants is therefore to be determined by an analysis of the cases in which these terms have actually been employed by states. This chapter examines the variants of the term ‘recognition’ and their meanings, early usage of the terms as exemplified by the recognition of the new states in America, and modern usage of de facto and de jure recognition. Areas of use of de facto and de jure recognition are discussed, including secession, decolonization, or partition of states; annexation of states, rival governments of the same state, and effective governments of states.Less
Like ‘recognition’, the terms ‘de facto recognition’, ‘diplomatic recognition’, and ‘de jure recognition’ can be given meaning by establishing the intention of the authority using them within the factual and legal context of each individual case. The meaning of de facto and de jure recognition as well as of the other variants is therefore to be determined by an analysis of the cases in which these terms have actually been employed by states. This chapter examines the variants of the term ‘recognition’ and their meanings, early usage of the terms as exemplified by the recognition of the new states in America, and modern usage of de facto and de jure recognition. Areas of use of de facto and de jure recognition are discussed, including secession, decolonization, or partition of states; annexation of states, rival governments of the same state, and effective governments of states.
Lung-chu Chen
- Published in print:
- 2016
- Published Online:
- April 2016
- ISBN:
- 9780190601126
- eISBN:
- 9780190601157
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190601126.003.0001
- Subject:
- Law, Public International Law, Legal History
Chapter 1 reviews the history of Taiwan from its ancient settlers to the military occupation of Chiang Kai-shek’s Republic of China (ROC) in the mid-1940s and the eventual decision by the United ...
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Chapter 1 reviews the history of Taiwan from its ancient settlers to the military occupation of Chiang Kai-shek’s Republic of China (ROC) in the mid-1940s and the eventual decision by the United States to end diplomatic recognition in 1979. Contrary to claims by the People’s Republic of China (PRC), China’s control over Taiwan was historically tenuous and short-lived. The chapter describes the sequential colonization by ancient peoples, the European occupations that began in the seventeenth century, the Qing dynasty’s efforts to control the island, the Japanese colonization that began in 1895, and finally the ROC’s military occupation of Taiwan in 1945 on behalf of the Allied Forces, and the Kuomintang (KMT) regime’s exile there after its defeat in the Chinese civil war. The chapter ends with a brief summary of U.S. policy toward Taiwan after World War II, including the adoption of the Taiwan Relations Act of 1979.Less
Chapter 1 reviews the history of Taiwan from its ancient settlers to the military occupation of Chiang Kai-shek’s Republic of China (ROC) in the mid-1940s and the eventual decision by the United States to end diplomatic recognition in 1979. Contrary to claims by the People’s Republic of China (PRC), China’s control over Taiwan was historically tenuous and short-lived. The chapter describes the sequential colonization by ancient peoples, the European occupations that began in the seventeenth century, the Qing dynasty’s efforts to control the island, the Japanese colonization that began in 1895, and finally the ROC’s military occupation of Taiwan in 1945 on behalf of the Allied Forces, and the Kuomintang (KMT) regime’s exile there after its defeat in the Chinese civil war. The chapter ends with a brief summary of U.S. policy toward Taiwan after World War II, including the adoption of the Taiwan Relations Act of 1979.
