Will Taiwan face further diplomatic isolation amid Beijing's use of UN Resolution 2758?

After "pragmatic worker for Taiwan independence" William Lai, chair of the Democratic Progressive Party (DPP), emerged victorious in Taiwan's presidential elections on 13 January, South Pacific island country Nauru suddenly announced two days later that it would break diplomatic ties with Taiwan and resume ties with mainland China.

Beijing's way of poaching Taiwan's diplomatic allies as a warning sign towards Taipei is one that has been going on for years. The US would certainly have calculated that Taiwan would lose a diplomatic ally after Lai won the elections; what they may not have expected is that in Nauru's declaration recognising the People's Republic of China (PRC) government, Nauru referenced United Nations General Assembly (UNGA) Resolution 2758. It is the first country to do so among past diplomatic allies that originally had ties with Taiwan.

In its declaration, Nauru stated that in line with Resolution 2758, it would recognise the PRC as the sole legal government representing the whole of China, recognise that Taiwan is an inalienable part of China's territory, and sever diplomatic relations with Taiwan effective immediately.

In response to the topic of the breaking of Taiwan-Nauru diplomatic ties during a press conference on 16 January, Laura Rosenberger, chair of the American Institute in Taiwan, who had accompanied the US bipartisan delegation that visited Taiwan after the elections, stated that Resolution 2758 was distorted to justify the move.

Rosenberger stressed "three Nos", namely that Resolution 2758 did not make a determination on the status of Taiwan, did not preclude countries from having diplomatic relationships with Taiwan, and did not preclude Taiwan's meaningful participation in the UN system.

She added, "It is disappointing to see distorted narratives about UN Resolution 2758 being used as a tool to pressure Taiwan, limit its voice on the international stage, and influence its diplomatic relationships."

Taiwanese media outlet Up Media described the use of Resolution 2758 by Nauru as a reference for breaking diplomatic ties with Taiwan as "the first salvo by Beijing towards Taiwan in the new battleground of international law over Resolution 2758". The article claimed that such an act can be equated to Beijing "expanding the scope of its erroneous referencing and interpretation of the content of Resolution 2758, from the disputes over the right of participation in international organisations to diplomatic recognition between countries".

Liu Jianchao, director of the International Liaison Department of the Chinese Communist Party's Central Committee, stated on 9 January in a speech to the Council on Foreign Relations in the US that China has benefited from the international order, and does not seek to change it.

Chinese foreign ministry spokesperson Mao Ning stated in response to Chinese media during a regular press conference on 16 January that the passing of Resolution 2758 made it clear that there are no "two Chinas" in the world, and that upholding the "one China" principle is safeguarding international order while challenging the "one China" principle is challenging the international order.

Lu Yeh-chung, vice-dean of the College of International Affairs at the National Chengchi University, told Lianhe Zaobao that looking at Liu's and Mao's statements, Beijing is committed to maintaining the current international order, but it also stresses the "inclusion of the 'one China' principle in the current international order".

Lu assessed that if there was to be a "wave of breaking of diplomatic ties" after Lai formally assumes office on 20 May, mainland China would continue to ask these countries to cite Resolution 2758 in their declarations, making use of the declaration of diplomatic ties between countries to strengthen Beijing's efforts to include the "one China" principle in the current international order.

At the same time, these could serve as a basis for any possible legal battle mainland China could bring forth on Taiwan in an international field. Lu stated that "this is quite a big change" - in the past, Beijing would cite Resolution 2758 only when it was trying to block any attempts by Taiwan to apply for participation in the UN or relevant organisations.

Passed at the UNGA on 25 October 1971, Resolution 2758 recognised that the representatives of the government of the PRC are the only lawful representatives of China to the UN and that the PRC is one of the five permanent members of the United Nations Security Council (UNSC). Additionally, it decided to restore all its rights to the PRC and to recognise the representatives of its government as the only legitimate representatives of China to the UN, and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the UN and in all the organisations related to it.

When the Kuomintang's Ma Ying-jeou took office as Taiwan president in 2008, Beijing showed goodwill to the Ma administration due to its acknowledgement of the 1992 Consensus, which at its core implied that both sides of the Taiwan Strait belong to the same China, and invited Taiwan to participate in the World Health Assembly (WHA) as an observer for eight consecutive years during Ma's term in office. The WHA is the decision-making body of the World Health Organization, a specialised agency of the UN.

But after the DPP's Tsai Ing-wen became Taiwan president in 2016, Taiwan was no longer invited as an observer at the WHA in 2017 due to her rejection of the 1992 Consensus.

To promote Taiwan's participation in the UN system, the US's Biden administration has actively spoken out in recent years in an attempt to dismiss Beijing's claim that Resolution 2758 is the same as the "one China" principle.

In a statement published on 26 October 2021, US Secretary of State Antony Blinken urged all UN member states to join the US in supporting Taiwan's participation in the UN system and the international community, one of the most iconic moves by the US in promoting Taiwan's participation in the UN. Blinken asserted, "Taiwan's meaningful participation in the UN system is not a political issue, but a pragmatic one."

Subsequently, Bonnie Glaser, managing director of the Indo-Pacific Programme at Washington-based think tank German Marshall Fund, and Jessica Drun, then nonresident fellow at American think tank Atlantic Council, jointly published a report in March 2022 accusing Beijing of distorting Resolution 2758 to limit Taiwan's access to the UN.

Glaser said that when Resolution 2758 was passed in 1971, UN member states merely intended to grant the seat occupied by the Republic of China in the UNGA and the UNSC to the PRC, with no mention of Taiwan. However, China's claim that Resolution 2758 has already confirmed that Taiwan is a province of the PRC is untrue.

Meanwhile, Beijing insists that the term "China" in Resolution 2758 refers to the whole of China, including Taiwan. During the 50th anniversary of the change of China's representation in the UN in 2021, Resolution 2758 was again a point of contention between China and the US.

A Xinhua commentary published back then asserted that Resolution 2758 did not mention Taiwan precisely because the resolution dealt with the representation of the whole of China, including Taiwan; back then, both sides of the Taiwan Strait maintained that there was only one China in the world, which was also an international consensus.

At the same time, Beijing has long insisted that Taiwan is an inalienable part of Chinese territory based on legal documents such as the 1943 Cairo Declaration and the 1945 Potsdam Proclamation. In a white paper on the Taiwan issue released in August 2022, Beijing even claimed that Resolution 2758 is a "political document encapsulating the one-China principle".

The US has again made some moves over the past six months in an attempt to expand Taiwan's international space. In July 2023, the US House of Representatives passed the Taiwan International Solidarity Act, which asserts that Resolution 2758 only established the representation of the PRC and did not address the issue of representation of Taiwan. On 12 January 2024, the US House of Representatives also passed the Taiwan Non-Discrimination Act, which urged the US government to support Taiwan's membership in the International Monetary Fund (IMF) and its participation in the IMF's regular surveillance activities with respect to the economic and financial policies of Taiwan.

Lu pointed out that while the US has actively spoken out for Taiwan in terms of how Resolution 2758 should be interpreted, which is a strong political move, it is of little help in promoting Taiwan's participation in the UNGA as it emphasises national sovereignty and is bound to face enormous resistance from Beijing. But the US could help Taiwan participate in the specialised agencies of the UN, of which the IMF could be a possible breakthrough.

Lu said that the IMF does not follow the "one country, one vote" system. The US has a voting share of 16.5% in the IMF and holds an effective veto over important decisions, wielding great influence. "Coupled with the fact that the IMF's managing directors usually come from countries that respect Western values, it is up to the US and European countries to come up with a way for Taiwan to participate in the IMF in a substantive manner," he added.

This article was first published in Lianhe Zaobao as "中美诠释《联大2758号决议》攻防 分析：若有台湾邦交国断交或再引用决议".

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