Most international organizations detail in their founding documents how they will deal with membership applications. On face value, the UN is the most open of international organizations. Article 4, Paragraph 1 of the UN Charter states that "Membership in the UN is open to all other peace-loving states which accept the obligations contained in the present charter and, in the judgment of the organization, are able and willing to carry out these obligations."
Five conditions for membership can be enumerated from Article 4, paragraph 1 of the UN Charter: An applicant must (1) be a state; (2) be peace-loving; (3) accept the obligations of the UN Charter; (4) be able to carry out these obligations; and (5) be willing to do so.
On May 28, 1948, the International Court of Justice ruled that a state that meets these five conditions should not be rejected for political reasons.
In light of this ruling, the biggest obstacle to Taiwan joining the UN is the question of statehood. This is something of a gray area, as neither the UN Charter nor other international laws and regulations contain guidelines that can be used to determine whether an applicant is a state or not.
However, although the court ruled that the five conditions in the UN charter are exhaustive, there was a caveat:
"This does not mean, however, that the conditions of Article 4 preclude taking into account relevant political factors that fall within their scope. Appreciation of such factors derives from the very broad and elastic nature of the prescribed conditions and, according to the court, it does not contradict the exhaustive character of these conditions."
In other words, although Taiwan meets at least four of the conditions for UN membership, the fact that there is some doubt as to its statehood provides China with the leverage it needs to oppose Taiwan's membership.
Although an application for UN membership is a legal issue, it is also unavoidably a political matter. Thus, although a Taiwanese declaration of independence is not a legal requirement for membership, it is, in my opinion, a political necessity.
Chiang Shih-hsiung is a doctoral student in the Graduate School of Law at Kobe University.
Translated by Lin Ya-ti
Recently, China launched another diplomatic offensive against Taiwan, improperly linking its “one China principle” with UN General Assembly Resolution 2758 to constrain Taiwan’s diplomatic space. After Taiwan’s presidential election on Jan. 13, China persuaded Nauru to sever diplomatic ties with Taiwan. Nauru cited Resolution 2758 in its declaration of the diplomatic break. Subsequently, during the WHO Executive Board meeting that month, Beijing rallied countries including Venezuela, Zimbabwe, Belarus, Egypt, Nicaragua, Sri Lanka, Laos, Russia, Syria and Pakistan to reiterate the “one China principle” in their statements, and assert that “Resolution 2758 has settled the status of Taiwan” to hinder Taiwan’s
The past few months have seen tremendous strides in India’s journey to develop a vibrant semiconductor and electronics ecosystem. The nation’s established prowess in information technology (IT) has earned it much-needed revenue and prestige across the globe. Now, through the convergence of engineering talent, supportive government policies, an expanding market and technologically adaptive entrepreneurship, India is striving to become part of global electronics and semiconductor supply chains. Indian Prime Minister Narendra Modi’s Vision of “Make in India” and “Design in India” has been the guiding force behind the government’s incentive schemes that span skilling, design, fabrication, assembly, testing and packaging, and
Singaporean Prime Minister Lee Hsien Loong’s (李顯龍) decision to step down after 19 years and hand power to his deputy, Lawrence Wong (黃循財), on May 15 was expected — though, perhaps, not so soon. Most political analysts had been eyeing an end-of-year handover, to ensure more time for Wong to study and shadow the role, ahead of general elections that must be called by November next year. Wong — who is currently both deputy prime minister and minister of finance — would need a combination of fresh ideas, wisdom and experience as he writes the nation’s next chapter. The world that
As former president Ma Ying-jeou (馬英九) wrapped up his visit to the People’s Republic of China, he received his share of attention. Certainly, the trip must be seen within the full context of Ma’s life, that is, his eight-year presidency, the Sunflower movement and his failed Economic Cooperation Framework Agreement, as well as his eight years as Taipei mayor with its posturing, accusations of money laundering, and ups and downs. Through all that, basic questions stand out: “What drives Ma? What is his end game?” Having observed and commented on Ma for decades, it is all ironically reminiscent of former US president Harry