Such a claim is intriguing because "Taiwan" in its narrow sense means the island of Taiwan, or Formosa, and in its broadest sense means a territorial entity or a political entity. Joining the two, the "ROC" and "Taiwan," will not amount to a state.
If Taiwan is a state, it is the only state where its people cannot agree on its existence. And those who have claimed its existence cannot agree on the name of their country.
Hsieh's remarks "one China under the [ROC] Constitution" will silence any claim that the ROC is a state or that Taiwan is a state. Chen's joint statement confirmed the new premier's remarks.
Powell may have said something which many people don't like to hear.
But if his remarks reflect the view of other nations in the international community, then maybe they will provide the people of Taiwan with an opportunity to re-examine the difficult situation in which they find themselves.
The Chinese government claims that Taiwan is a part of China. Last Dec. 17, Beijing announced that the National People's Congress would enact an "anti-secession" law. It intends to use this law to intimidate the "Taiwan independence" movement.
Any attempt by Beijing to apply a domestic law to Taiwan is based on the claim that Taiwan is part of China. Does Hsieh's statement of "one China under the [ROC] Constitution" not echo Beijing's claim?
The island of Taiwan is not Chinese territory.
Because China ceded the islands of Taiwan and Penghu to Japan under the Treaty of Shimonoseki in 1895, China has never regained title to the islands under means recognized by international law.
After Japan renounced title to the islands of Taiwan and Penghu without designating a transferee in the Treaty of San Francisco, Taiwan did not revert to China. The island has become a territorial entity not subject to any sovereignty.
Under international law, Taiwan can become a state only by a declaration of the establishment of a state, with its own government that represents the new state in the international community.
Powell's second remark is presumably based on his perception that Taiwan's governing authority seeks eventual unification with China.
Hsieh's recent remarks and Chen's joint statement may have vindicated Powell's position.
If Powell misunderstood the collective mood of the people of Taiwan, the solution is easy.
All the government in Taiwan has to do is to announce that the people of Taiwan have no desire to unify with China.
Frank Chiang is president of Taiwan Public Policy Council, a US think tank, and professor of law at Fordham University in New York.



