2025
Statelessness & Citizenship Review
7(2)
The Norwegian authorities dominate cases concerning the recognition of
citizenship of Taiwanese people and refuse their input, making the recognition of
Taiwanese citizenship a target for their foreign policy: the One-China policy. It
should be seen as a mistreatment for the Norwegian Government not to consider
the predominant test where there are multiple nationalities in conflict, and to
instead consider its own diplomatic needs to manipulate an individual’s right to
their own nationality. By overlooking the Taiwanese people’s close connection to
the Taiwanese Government, the Norwegian authorities deprive foreign citizens of
their citizenship(s) for its state politics. This case underscores the importance of
aligning citizenship recognition with the concept of a genuine link to prevent
arbitrary and atypical citizenship deprivation.
B
From Citizenship to Other Rights: An Analysis of Liu v Poland
In another case, Liu v Poland,108 the ECtHR intervened and advised Poland against
extraditing a Taiwanese individual to China due to human rights concerns. While
this case did not delve into the jurisdictional or citizenship regime differences, it
highlights concerns related to the potential extradition to China and potential
human rights abuses, such as torture and inhumane treatment. 109 Therefore,
despite the applicant being Taiwanese, the case was examined primarily from the
perspective of human rights abuses in China instead of the right to identity. This
case not only underscores the difficulties faced by Taiwanese individuals in
international settings as they risk being mistreated, but also points out the
‘spillover effects’ of sovereignty in the international regime. This is not the first
ECtHR case concerning the extradition of a Taiwanese citizen to China. In 1999,
a similar case arose in Macao, but the Court dismissed the case for lack of
jurisdiction.110
1
Liu v Poland in the ECtHR
In the Liu v Poland case, the applicant was involved in an international
telecommunications fraud syndicate and was arrested in Poland on 6 August 2017.
The Chinese authorities requested his extradition on 1 September. The Polish
national court ruled that the applicant’s extradition to China would not
compromise his right to a fair trial, while also complying with Polish law as there
were insufficient grounds to believe he would face torture or other ill-treatment.111
Subsequently, this case was brought to the ECtHR, where the applicant raised
108 Liu v Poland (n 9).
109 ibid 78–83.
110 See Yonghong v Portugal (ECtHR, Fourth Section, Application No 50887/99, 25 November
1999). The case reflected the complex sovereignty shifts between Portugal and China before
the end of 1999. The Court found it had no jurisdiction ratione loci because Portugal had
never made a declaration under art 56 of the ECHR (n 76) (or the equivalent in Protocol No
6) extending the ECHR’s application to Macao: ECHR (n 76), as amended by Protocol No 6
to the Convention for the Protection of Human Rights and Fundamental Freedoms
Concerning the Abolition of the Death Penalty, opened for signature 28 April 1983, ETS No
114 (entered into force 1 March 1985). Without such a declaration, acts of Macanese
authorities (or Portuguese policies toward Macao) fell outside the ECHR’s scope. The
Governor’s decision to allow extradition proceedings to continue was deemed only a
preparatory step, not a final act by Portuguese judicial authorities. Moreover, Macao’s courts
had held exclusive judicial authority since June 1999, and no Portuguese court would review
the case, leaving the ECtHR unable to examine the applicant’s claims.
111 Liu v Poland (n 9) [8]–[28].
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