2025
Statelessness & Citizenship Review
7(2)
strips Taiwanese people of their citizenship and exposes them to new risks
associated with Chinese citizenship.
As mentioned at the beginning of this article, while the conferral or withdrawal
of nationality falls within the sovereign domain of the state, citizenship also carries
an international dimension — particularly in ensuring compliance with
international obligations such as those set out in various international law
instruments. In addition, the issue of nationality recognition involves the
international law as discussed earlier. The recognition of nationality by other states,
which affects the practice of citizenship in foreign states, should also be consistent
with the principles of international law values: examining genuine links between
individuals and the conferring states, and avoiding the involuntary naturalisation.
Nevertheless, in the case of Taiwanese people’s citizenship, this is highly
disregarded in the recognition of their nationality when foreign authorities
mis-recognise citizenship of Taiwanese people as Chinese. Therefore, while the
dispute over citizenship may not always render Taiwanese citizenship ineffective,
it does have the potential to lead to other human rights violations due to the
misinterpretation of Taiwanese citizenship.
The contested citizenship has another consequence when it is in an international
domain; that is, the contestation of sovereignty and citizenship has its spillover
effects. The spillover effect of the Taiwanese citizenship can be seen in Liu v
Poland in that the principal issue of the legal dispute is the possible human rights
abuse regarding the extradition, 127 but the sovereignty of Taiwan and the
diplomatic difficulties due to the contestation of Taiwan’s statehood deeply
influenced the rights of the Taiwanese person who was arrested. Indeed, with the
case of Liu and Others v Norway, the issue may be more relevant to the
vulnerability of the contested citizenship.128 Whereas the case of Liu v Poland
reflects that the vulnerability can be part of the issue hidden under the main legal
discourse.129 Citizenship is a right leading to other rights, as it serves as a person’s
fundamental legal status; therefore, one’s citizenship status is an essential basis of
a person when there is a legal dispute, whether it concerns the personal status or
not. When the citizenship does not have a completely solid status, like the
Taiwanese nationality, the contestation of the citizenship can extend its influence
onto international legal disputes concerning human rights.
V
CONCLUSION
In examining the complexities surrounding Taiwanese citizenship within the
international legal landscape, this article delves into the contested nature of
Taiwanese citizenship through the lens of two ECtHR cases. Central to this
discussion is the notion of atypical citizenship deprivation and the spillover effects
stemming from the contentious status of Taiwanese sovereignty.
The case of Liu and Others v Norway underscores the struggles of Taiwanese
individuals residing in European countries, emphasising their right to choose their
national identity and challenging the imposition of Chinese nationality on their
residence permits. This case has brought attention to the importance of
safeguarding personal identity and addressing challenges related to nationality
recognition through privacy rights on a broader scale. However, the case also
127 Liu v Poland (n 9) [1].
128 Annex to Liu and Others v Norway (n 84) 1–20.
129 Liu v Poland (n 9) [1].
124