When the People’s Republic of China
was proclaimed by Mao Zedung on 1 October 1949, the new Chinese leadership was
very clear on one aspect. Speaking to the then Soviet Ambassador Roschin, on 1
January 1950, Mao clarified that any state that was sincere in establishing
diplomatic relations must first ‘completely break all [emphasis added] ties with Jiang Jieshi [Chiang Kaishek] unconditionally, refuse any kind of support
and assistance to this regime making it an official declaration. It was only
under those conditions that a state could send a delegation for negotiations
for establishing diplomatic relations. Mao
made no distinction for any state and India too had to follow Mao’s dictum.
As far as recognition of the new Chinese regime was concerned, it was
the Attlee government in London that took the lead. On 22 October 1949, Sir
Esler Dening submitted a note to PM Attlee that the recognition of the new
Communist government of China ‘cannot be said to be contrary to the principles
and practices of international law’. On 27 October 1949 the British Cabinet
approved the note and Attlee sent it to all Commonwealth governments, including
India, for consideration. The British government note did not seek any assurance
from the new Chinese government on whether it intended to honor all previous
international obligations made by previous governments of China. The British
explained away this aberration by saying that ‘the disadvantages of non-
recognition were so great so as to outweigh any possible advantages to be
obtained from securing Chinese assurances…’. On 18 December 1949, Attlee
conveyed to Nehru that the British government intended to recognize the new
Chinese government on 2 January 1950. Nehru whose personal inclinations were
wholly in tune with British thinking, readily agreed; but insisted that India
would recognize the new People’s Republic on 1 January 1950. Nothing was asked
for in return.
But the Chinese were not finished just yet. They clarified that while
recognition was one aspect, establishing diplomatic relations was quite
another. Thus India was asked to send a delegation to Beijing to negotiate
setting up diplomatic relations, as were the British. The Chinese made two
demands. First, India must clarify what it intended to do with KMT Chinese
properties in India and secondly it must ‘explain’ its voting patterns in the
UN. For once even Nehru baulked at these untenable ‘demands’ and declined.
Realizing their folly rather quickly and the felt need to keep Nehru on their
side, as they were about to ‘invade’ Tibet, the Chinese quickly changed track
and agreed to establish diplomatic relations with India on 15 March 1950. The
British were kept waiting for years!
Let us now fast forward to 1972. When Nixon visited China, the Chinese
insisted on one core demand. The US must recognize that Taiwan was a part of
China. As per the 1979 US-PRC Joint Communique, the US switched diplomatic
recognition from Taipei to Beijing. In the Joint Communique, the US recognized
the Government of the People's Republic of China as the sole legal government of China [emphasis added],
acknowledging the Chinese position that there is but one China and Taiwan is
part of China. This principle is enshrined in the two subsequent joint
communiques that followed. The Joint Communique also stated that the people of
the United States will maintain cultural, commercial, and other unofficial
relations with the people of Taiwan. So when President Trump raised the specter
of not following the ‘one China’ principle, it caused considerable
consternation within the Chinese leadership. Of course, since then suitable
amends have been made by the US and the ‘one China’ principle reiterated in a
phone conversation between President Trump and President Xi Jinping. It must
have come as a great relief to the Chinese leadership.
However international law is sufficiently opaque on the subject and if a
state wishes to exploit the loop holes; these are available. International law makes
a clear distinction between the recognition of a state, as opposed to the
recognition of a government. For example, India recognized the state of Israel
ever since its inception, but did not recognize or establish diplomatic
relations with the government of Israel till many years later. The fact remains
that hardly any state disputes that Taiwan is indeed Chinese Territory. The
Taiwan authorities say so themselves. But the indisputable fact is that the
People’s Republic does not exercise administrative control over the whole of
Chinese Territory, but only does so on the mainland and over some island
territories. Taiwan remains outside its administrative control. China is the
only P-5 state that does not exercise
full administrative control over its entire territory [emphasis added]. Therefore
the question that remains is: what should the nature of relations be that outside
powers can establish with the authorities exercising administrative control in
the area of Taiwan?
It goes without saying that establishing full diplomatic relations is
ruled out, since few states recognize the Taiwan authorities as the legitimate
government of China. Few states would also like to risk bearing the wrath of
China and its military and economic clout. Nevertheless, day to day dealings
have to take place with the Taiwan authorities. The 1979 US-PRC Joint
Communique also states that the people of the United States will maintain
cultural, commercial, and other unofficial relations with the people of Taiwan.
The American Institute in Taiwan [AIT] and the Taipei Economic and Cultural Representative
Office [TECRO] does just that. Similarly India maintains representation in
Taiwan under the India-Taipei Association [ITA], as does Japan and 72 other
states. The Chinese authorities have had no objection to the participation of
Taiwanese in the Olympics and other international events as Chinese [Taipei].
Short of official diplomatic functions at government to government level, these
offices perform all other duties such as issuing visas, promoting trade etc.
What if the US and all other states together, particularly in the Asia-Pacific
region, were to change these innocuous names of their offices and start calling
them as “Representative Office of the United States” or “The Representative
Office of India” and so on? The Chinese would be certainly miffed, but it would
reflect reality and would not in any case contravene any international law.
Last year the Chinese President
Xi Jinping took the unprecedented step of meeting the former Taiwanese President,
who was then still in office, in Singapore. Both met as party leaders with no
mention by either side of their official designations. Therefore it follows
that other state leaders could also possibly meet the Taiwanese President as
party leaders, in third countries, without risking any possible Chinese
reproach. It has not been tried so far by any other state leader, but the
precedent is there. Should such a meeting take place, it would severely test
Chinese resolve, but it would begin to give the Taiwanese an international
personality.
It
must however be emphasized that playing the Taiwan card would certainly invite
Chinese ire, which could prove quite costly, since China is a great power and
has the capacity to inflict considerable damage. It is a 'core' issue for the Chinese. But if the Chinese continue to
push their agenda aggressively, particularly in the South China Sea [SCS] area,
they should also be made aware that other states in the region, and particularly
in conjunction with the US, are not completely bereft of options. The Taiwanese card is always
there.
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